Acts and resolutions of the General Assembly of the state of Georgia 1986 [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 19860000 English

Page iii

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1986 19860000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

Page v

TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 1611 Vetoes by the Governor I Appellate CourtsPersonnel VI Superior CourtsPersonnel and Calendars VI IndexTabular XVII IndexGeneral LXV Population of Georgia CountiesAlphabetically CLXIII Population of Georgia CountiesNumerically CLXVI Georgia Senatorial Districts, Alphabetically by County CLXVIII Georgia Senators, Alphabetically by Name CLXX Georgia Senators, Numerically by District CLXXII Georgia House Districts, Alphabetically by County CLXXV Georgia Representatives, Alphabetically by Name CLXXVII Georgia Representatives, Numerically by District CLXXXV Status of Referendum Elections CXCIII VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiv Acts and Resolutions of Local Application 3501 County Home Rule Actions 5661 Municipal Home Rule Actions 5725 Vetoes by the Governor I Appellate CourtsPersonnel VI Superior CourtsPersonnel and Calendars VI IndexTabular XVII IndexGeneral LXV Population of Georgia CountiesAlphabetically CLXIII Population of Georgia CountiesNumerically CLXVI Georgia Senatorial Districts, Alphabetically by County CLXVIII Georgia Senators, Alphabetically by Name CLXX Georgia Senators, Numerically by District CLXXII Georgia House Districts, Alphabetically by County CLXXV Georgia Representatives, Alphabetically by Name CLXXVII Georgia Representatives, Numerically by District CLXXXV Status of Referendum Elections CXCIII

Page vi

COMPILER'S NOTE General Acts and Resolutions of the 1986 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia are grouped together and will be found in Volume I beginning at page 1611. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties which were filed in the office of the Secretary of State during 1985 are printed in Volume II beginning at page 5661. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1985 are printed in Volume II beginning at page 5725. There are no numbered pages between page 1632 and page 3501. This allows both volumes to be compiled and printed simultaneously. Indexes are printed in each volume and cover material in both volumes. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. Where it is possible to do so, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index also contains a list of Code sections which have been amended, enacted, or repealed. Each Act is preceded by the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when introduced in the General Assembly. Each Resolution is preceded by the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the governor. ACTS BY NUMBERS, PAGE REFERENCES Act No. Page 771 3501 772 3515 773 3531 774 3533 775 1 776 3540 777 3 778 3542 779 3554 780 3557 781 10 782 30 783 3568 784 3578 785 3586 786 3598 787 32 788 37 789 3607 790 38 791 44 792 3609 793 3624 794 3633 795 3635 796 148 797 3644 798 3648 799 3653 800 3658 801 3661 802 149 803 3665 804 3673 805 3675 806 3679 807 3681 808 3684 809 3696 810 3708 811 3710 812 150 813 3712 814 3716 815 3722 816 3724 817 3735 818 153 819 3752 820 3756 821 3772 822 3774 823 3776 824 3778 825 3780 826 3782 827 3784 828 3786 829 3788 830 3790 831 3792 832 3794 833 3796 834 3798 835 3800 836 3803 837 3805 838 3807 839 3809 840 3811 841 3815 842 3819 843 3821 844 3827 845 3829 846 3831 847 3838 848 3840 849 3842 850 3844 851 3846 852 3848 853 155 854 3850 855 3852 856 3855 857 3857 858 3859 859 3861 860 3863 861 3865 862 3867 863 3869 864 3871 865 3873 866 3875 867 3877 868 3879 869 3881 870 3883 871 3886 872 3888 873 3890 874 3892 875 3895 876 3897 877 3899 878 3901 879 3904 880 3906 881 3908 882 3910 883 3913 884 3915 885 3917 886 3921 887 3923 888 3927 889 3930 890 3940 891 3942 892 3945 893 3949 894 3951 895 3953 896 3955 897 3957 898 3959 899 4004 900 4011 901 4016 902 4018 903 4021 904 4024 905 4027 906 4029 907 4031 908 4033 909 4035 910 4037 911 4039 912 4041 913 4043 914 4045 915 4047 916 4049 917 4051 918 4052 919 4055 920 4057 921 4059 922 4061 923 4065 924 4067 925 4070 926 4086 927 4091 928 4096 929 4107 930 4112 931 156 932 158 933 160 934 163 935 164 936 166 937 168 938 169 939 171 940 172 941 174 942 178 943 179 944 180 945 181 946 184 947 192 948 193 949 194 950 195 951 196 952 197 953 198 954 200 955 201 956 203 957 205 958 207 959 209 960 211 961 213 962 214 963 216 964 218 965 220 966 222 967 223 968 4115 969 227 970 4120 971 4123 972 4128 973 4139 974 4142 975 4144 976 4146 977 4148 978 4150 979 4153 980 4155 981 4157 982 4159 983 4163 984 4165 985 4167 986 4171 987 4174 988 4194 989 4196 990 4199 991 4201 992 4203 993 4206 994 4209 995 4211 996 4213 997 4214 998 4217 999 4219 1000 4222 1001 4224 1002 4309 1003 4311 1004 4313 1005 4315 1006 4317 1007 4319 1008 4321 1009 4324 1010 4326 1011 4328 1012 4330 1013 4333 1014 4335 1015 4338 1016 4342 1017 4345 1018 4347 1019 4352 1020 4354 1021 4357 1022 4359 1023 4363 1024 4365 1025 4367 1026 4370 1027 4373 1028 4375 1029 4377 1030 4379 1031 4381 1032 4384 1033 4386 1034 4389 1035 4391 1036 4393 1037 4395 1038 4397 1039 4398 1040 4401 1041 4404 1042 4406 1043 4408 1044 4410 1045 4412 1046 4414 1047 4416 1048 4418 1049 4420 1050 4422 1051 4424 1052 4426 1053 4428 1054 4430 1055 4432 1056 4434 1057 4436 1058 4438 1059 4440 1060 4442 1061 4444 1062 4446 1063 4448 1064 4450 1065 4452 1066 4454 1067 4456 1068 4458 1069 4461 1070 4466 1071 4468 1072 4470 1073 4472 1074 4475 1075 4478 1076 4480 1077 4483 1078 4485 1079 4489 1080 4493 1081 4497 1082 4501 1083 4503 1084 4505 1085 4507 1086 4509 1087 4511 1088 4513 1089 4515 1090 4517 1091 4522 1092 4525 1093 4527 1094 4530 1095 4534 1096 4536 1097 4538 1098 4540 1099 4542 1100 4545 1101 4547 1102 4549 1103 4552 1104 4554 1105 4556 1106 4558 1107 229 1108 4560 1109 4562 1110 230 1111 4564 1112 4566 1113 4568 1114 4571 1115 4573 1116 4575 1117 4578 1118 4581 1119 4584 1120 4586 1121 4589 1122 4594 1123 4596 1124 4601 1125 4604 1126 4607 1127 4610 1128 4612 1129 4615 1130 4618 1131 4619 1132 4621 1133 4624 1134 4626 1135 4629 1136 4631 1137 4635 1138 4638 1139 4655 1140 4657 1141 4661 1142 4663 1143 4680 1144 4682 1145 4685 1146 4687 1147 4688 1148 4690 1149 4692 1150 4694 1151 4696 1152 4698 1153 4700 1154 4702 1155 4704 1156 4706 1157 4708 1158 4710 1159 4712 1160 4714 1161 4715 1162 4718 1163 4720 1164 4722 1165 4724 1166 4726 1167 4730 1168 4732 1169 4734 1170 4736 1171 4739 1172 4741 1173 4743 1174 4744 1175 4746 1176 4748 1177 4750 1178 4752 1179 4754 1180 4756 1181 4758 1182 4760 1183 4762 1184 4764 1185 4767 1186 4769 1187 4772 1188 4774 1189 4776 1190 4778 1191 4781 1192 4783 1193 4786 1194 4788 1195 4790 1196 264 1197 272 1198 274 1199 275 1200 277 1201 279 1202 281 1203 282 1204 283 1205 284 1206 288 1207 290 1208 291 1209 294 1210 299 1211 300 1212 303 1213 304 1214 305 1215 306 1216 308 1217 309 1218 311 1219 312 1220 314 1221 316 1222 318 1223 4793 1224 4795 1225 4797 1226 4806 1227 4808 1228 4810 1229 4812 1230 4814 1231 4816 1232 4818 1233 4820 1234 4822 1235 4824 1236 4826 1237 4828 1238 4830 1239 4832 1240 4834 1241 4837 1242 4840 1243 4843 1244 4853 1245 4855 1246 4858 1247 4862 1248 4872 1249 320 1250 321 1251 326 1252 328 1253 330 1254 338 1255 339 1256 344 1257 347 1258 348 1259 350 1260 356 1261 357 1262 362 1263 364 1264 375 1265 377 1266 4902 1267 4948 1268 4953 1269 4961 1270 5002 1271 5004 1272 5007 1273 5009 1274 5011 1275 5013 1276 5015 1277 5017 1278 5019 1279 5023 1280 5026 1281 5029 1282 5038 1283 5042 1284 5043 1285 5047 1286 5049 1287 5053 1288 5057 1289 5061 1290 5063 1291 5065 1292 5068 1293 5070 1294 5072 1295 5075 1296 5077 1297 5080 1298 5082 1299 5103 1300 5135 1301 5138 1302 5154 1303 5157 1304 5160 1305 5195 1306 5227 1307 5260 1308 5262 1309 5274 1310 5289 1311 5294 1312 5296 1313 5303 1314 5308 1315 5310 1316 5312 1317 378 1318 5315 1319 5318 1320 5336 1321 5344 1322 5346 1323 5354 1324 5356 1325 5359 1326 380 1327 382 1328 394 1329 395 1330 397 1331 399 1332 402 1333 405 1334 410 1335 415 1336 417 1337 419 1338 421 1339 423 1340 425 1341 427 1342 430 1343 433 1344 434 1345 436 1346 437 1347 438 1348 442 1349 444 1350 445 1351 449 1352 451 1353 452 1354 453 1355 5361 1356 5365 1357 5367 1358 5370 1359 5374 1360 5383 1361 5386 1362 5416 1363 5448 1364 5450 1365 5452 1366 5457 1367 5473 1368 5488 1369 5490 1370 5493 1371 5499 1372 5509 1373 5511 1374 5515 1375 5518 1376 5523 1377 5525 1378 5527 1379 5530 1380 5533 1381 5535 1382 5538 1383 5542 1384 5545 1385 5547 1386 5549 1387 5554 1388 5556 1389 5558 1390 5563 1391 5566 1392 5569 1393 5573 1394 5575 1395 5578 1396 455 1397 458 1398 465 1399 466 1400 468 1401 469 1402 471 1403 473 1404 481 1405 482 1406 484 1407 485 1408 486 1409 489 1410 490 1411 492 1412 493 1413 495 1414 496 1415 498 1416 499 1417 501 1418 502 1419 504 1420 506 1421 508 1422 509 1423 510 1424 511 1425 513 1426 514 1427 515 1428 569 1429 600 1430 604 1431 606 1432 607 1433 609 1434 612 1435 618 1436 619 1437 620 1438 626 1439 628 1440 635 1441 645 1442 652 1443 655 1444 656 1445 657 1446 659 1447 662 1448 668 1449 669 1450 673 1451 674 1452 676 1453 684 1454 687 1455 688 1456 695 1457 698 1458 701 1459 705 1460 744 1461 747 1462 749 1463 751 1464 754 1465 758 1466 759 1467 761 1468 764 1469 766 1470 769 1471 772 1472 778 1473 780 1474 782 1475 784 1476 787 1477 789 1478 794 1479 796 1480 797 1481 798 1482 800 1483 802 1484 803 1485 812 1486 816 1487 817 1488 819 1489 820 1490 822 1491 823 1492 825 1493 826 1494 827 1495 828 1496 829 1497 831 1498 833 1499 834 1500 837 1501 839 1502 841 1503 842 1504 843 1505 846 1506 850 1507 852 1508 855 1509 877 1510 878 1511 880 1512 881 1513 882 1514 884 1515 887 1516 888 1517 890 1518 896 1519 899 1520 922 1521 924 1522 925 1523 929 1524 932 1525 942 1526 946 1527 947 1528 956 1529 957 1530 982 1531 996 1532 999 1533 1000 1534 1002 1535 1017 1536 1028 1537 1031 1538 1036 1539 1038 1540 1046 1541 1049 1542 1053 1543 1059 1544 1061 1545 1069 1546 1079 1547 1080 1548 1083 1549 1086 1550 1089 1551 1090 1552 1092 1553 1097 1554 1098 1555 1151 1556 1154 1557 1155 1558 1157 1559 1170 1560 1172 1561 1184 1562 1185 1563 5592 1564 5597 1565 1187 1566 5605 1567 5607 1568 5609 1569 5611 1570 5612 1571 5614 1572 5616 1573 5618 1574 5620 1575 5623 1576 5625 1577 5627 1578 5630 1579 5632 1580 5633 1581 5636 1582 5639 1583 5640 1584 5642 1585 5644 1586 5646 1587 5647 1588 1205 1589 1208 1590 1210 1591 1212 1592 1213 1593 1225 1594 1228 1595 1229 1596 1231 1597 1233 1598 1237 1599 1240 1600 1241 1601 1242 1602 1244 1603 1249 1604 1250 1605 1252 1606 1255 1607 1257 1608 1258 1609 1259 1610 1262 1611 1263 1612 1265 1613 1266 1614 1269 1615 1272 1616 1277 1617 1280 1618 1283 1619 1312 1620 1313 1621 1321 1622 1322 1623 1325 1624 1326 1625 1329 1626 1333 1627 1337 1628 5656 1629 1445 1630 1446 1631 1453 1632 1454 1633 1459 1634 1460 1635 1464 1636 1465 1637 1467 1638 1468 1639 1478 1640 1480 1641 1483 1642 1488 1643 1489 1644 1491 1645 1494 1646 1496 1647 1508 1648 1513 1649 1516 1650 1518 1651 1519 1652 1526 1653 1531 1654 1534 1655 1536 1656 1538 1657 1543 1658 1547 1659 1549 1660 1550 1661 1552 1662 1553 1663 1555 1664 1559 1665 1581 1666 1584 1667 1585 1668 1586 1669 1588 1670 1591 1671 1594 1672 1596 1673 1601 1674 1603 1675 1605 1676 1607 1677 1608

Page xiv

RESOLUTIONS BY NUMBER, PAGE REFERENCES Res. Act No. Page 52 8 53 39 54 185 55 186 56 188 57 190 58 231 59 262 60 457 61 516 62 518 63 519 64 520 65 522 66 523 67 524 68 525 69 526 70 529 71 530 72 531 73 532 74 533 75 534 76 535 77 537 78 538 79 540 80 543 81 544 82 547 83 549 84 551 85 553 86 1612 87 1614 88 1619 89 567 90 1197 91 1198 92 1199 93 1201 94 1203 95 1204 96 5650 97 5652 98 5654 99 1622 100 1623 101 1625 102 1627 103 1628 104 1631 BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. 14 947 67 1653 80 1461 156 1654 175 1535 181 1399 182 1336 186 1655 212 1455 216 1462 251 1610 264 1481 289 1448 318 1430 328 1482 338 1437 344 1431 345 1611 355 1624 365 1433 377 1667 379 1656 391 1657 395 1018 397 1612 416 1658 422 1613 453 1257 460 948 466 1483 477 1668 493 1453 509 1629 510 821 513 822 514 823 515 824 516 825 517 826 518 827 520 828 521 829 522 830 523 831 524 832 525 833 526 834 527 835 528 836 529 837 555 1526 568 1659 595 1337 612 1660 615 1213 618 1614 666 1625 705 818 748 1669 775 1400 779 1661 787 1677 788 1401 795 1463 806 838 828 1432 840 1464 846 949 850 1484 858 1465 889 1450 906 Veto No. 5 908 1615 962 1616 969 1466 1005 795 1066 1402 1074 1536 1103 774 1105 1438 1109 1588 1113 839 1115 840 1116 841 1117 842 1120 950 1132 843 1133 844 1140 775 1142 1428 1143 951 1144 1467 1146 1670 1147 1436 1149 1662 1153 1338 1154 1503 1156 1339 1158 1663 1159 1537 1162 1214 1166 783 1167 784 1168 785 1169 1664 1171 952 1172 1340 1173 1504 1175 1485 1176 1403 1177 1505 1185 1486 1189 1589 1191 1451 1192 796 1193 1468 1200 1538 1204 820 1206 771 1207 772 1208 790 1210 1527 1211 1454 1212 1341 1213 781 1214 782 1215 787 1216 788 1217 777 1219 1469 1220 953 1222 773 1225 1539 1226 1404 1227 1528 1228 954 1233 1215 1235 1258 1236 1342 1237 778 1238 779 1239 780 1242 1405 1244 776 1246 1665 1252 845 1253 1440 1257 1590 1258 955 1259 791 1261 1449 1262 1447 1263 1446 1270 1666 1273 1470 1276 1487 1277 956 1278 1343 1280 1259 1281 1397 1282 1540 1283 1630 1284 846 1286 1529 1287 1429 1289 847 1290 848 1291 849 1292 850 1293 1541 1294 1631 1295 1344 1296 1632 1297 1633 1298 851 1299 852 1300 1627 1314 853 1315 1617 1316 Veto No. 10 1317 1542 1320 1406 1323 1216 1324 1345 1325 1346 1326 1407 1328 854 1329 1671 1330 1408 1334 1441 1335 1347 1338 1471 1340 1217 1341 1543 1342 1348 1344 1634 1346 1439 1347 1488 1348 1260 1349 957 1351 1349 1352 1350 1353 958 1354 959 1355 1409 1356 804 1357 1626 1359 1351 1360 960 1361 1565 1362 1635 1363 1410 1364 1261 1365 1352 1366 1218 1367 1530 1368 961 1369 1411 1370 1412 1375 1591 1376 1444 1377 1544 1378 1413 1382 1443 1384 1506 1385 1592 1386 1472 1390 786 1391 855 1392 1002 1393 1414 1395 789 1398 1003 1399 1004 1400 1005 1401 1006 1402 1007 1403 856 1404 857 1405 858 1406 859 1407 860 1408 861 1409 862 1412 1489 1416 1415 1420 1490 1421 1593 1422 863 1423 1491 1424 1473 1427 1008 1428 1009 1429 1010 1430 1011 1431 1012 1438 1636 1439 1620 1441 1474 1442 1013 1443 864 1444 1507 1445 1637 1446 1416 1447 1445 1448 1126 1449 865 1450 866 1451 867 1453 808 1454 809 1455 1594 1457 1223 1459 868 1460 1638 1461 869 1462 1262 1463 1417 1464 1492 1465 969 1467 1357 1470 1014 1471 1619 1474 870 1476 1475 1477 1476 1480 1595 1483 871 1487 1618 1488 1418 1489 1545 1490 1596 1491 1015 1492 1016 1493 1358 1494 872 1495 1419 1497 873 1499 1017 1500 1219 1501 1531 1502 970 1503 1456 1507 1508 1508 1532 1509 1224 1510 874 1511 875 1512 971 1513 972 1514 876 1515 877 1516 973 1517 974 1518 975 1519 976 1521 977 1522 1026 1526 1621 1529 978 1531 979 1532 1477 1533 1127 1534 1025 1535 980 1536 1420 1538 1421 1540 981 1545 1263 1546 1024 1547 1106 1548 1023 1549 1422 1550 1509 1551 1533 1552 1225 1554 1107 1556 1423 1557 1316 1559 1022 1560 802 1561 1546 1562 1021 1563 1020 1564 1019 1565 999 1566 1108 1567 1000 1568 998 1569 997 1570 1264 1572 1547 1573 1493 1579 1548 1581 1639 1582 982 1584 1640 1587 1109 1588 983 1589 1110 1590 1628 1592 1597 1594 1598 1596 984 1603 985 1604 986 1606 1567 1607 1287 1609 1226 1610 1398 1613 878 1618 1227 1619 1228 1620 1229 1621 1230 1622 1231 1623 1232 1624 1233 1625 1234 1626 1235 1627 1111 1628 1236 1629 1112 1630 1237 1631 1238 1633 1239 1634 1240 1636 987 1638 1672 1640 988 1641 989 1642 1317 1644 1534 1645 1241 1646 990 1647 991 1648 992 1651 993 1652 994 1653 1494 1654 803 1658 1510 1660 995 1661 1242 1662 1511 1664 996 1665 806 1666 1027 1667 879 1668 880 1669 1028 1670 1243 1671 1029 1672 1029 1672 1030 1673 1031 1677 807 1679 1069 1680 1001 1682 1549 1684 1599 1685 1070 1686 1459 1687 1495 1689 1032 1690 1033 1691 1034 1692 1035 1693 1673 1695 1220 1696 1478 1698 1318 1699 1298 1701 881 1702 1113 1703 1071 1704 1114 1710 1036 1711 1072 1712 1479 1713 1600 1714 1396 1717 1073 1720 1037 1721 1115 1722 1074 1723 1442 1724 1116 1727 1117 1728 1075 1729 1319 1730 801 1731 799 1733 1038 1735 1039 1736 1076 1737 1077 1738 1078 1739 1079 1740 882 1742 1221 1743 883 1744 1040 1747 884 1748 1452 1749 1118 1750 1286 1751 1222 1752 1119 155 805 1756 1120 1757 1601 1758 1121 1760 1320 1761 885 1762 886 1763 887 1764 1080 1765 1041 1766 1081 1767 1285 1768 1082 1769 1042 1770 1043 1771 1083 1772 1372 1773 1084 1774 1085 1775 1086 1776 1087 1777 1088 1778 1044 1779 1045 1780 1046 1781 1047 1782 1122 1784 1602 1785 1622 1786 1284 1787 1089 1788 1090 1789 1123 1791 1283 1792 1091 1794 1623 1795 1299 1796 1092 1809 817 1810 815 1811 816 1815 1093 1816 1124 1819 1288 1820 1094 1821 1373 1822 1095 1823 1096 1824 1097 1825 813 1826 1098 1827 1125 1828 1568 1833 1247 1834 1128 1835 1265 1837 1129 1839 1480 1840 1374 1841 1569 1843 1353 1844 1099 1845 1375 1846 1130 1847 793 1848 1100 1849 1131 1850 1570 1851 1571 1853 1321 1854 1322 1855 1376 1856 1377 1857 1323 1858 1324 1859 1132 1860 1133 1861 1101 1862 1102 1863 1134 1864 1325 1865 1103 1866 1135 1867 1104 1868 1136 1869 1315 1870 1137 1871 1105 1872 800 1873 1143 1877 1378 1880 1138 1881 1379 1883 1314 1884 1144 1885 1145 1886 1380 1888 1641 1889 1146 1890 1147 1891 1148 1892 1149 1894 1150 1895 1151 1897 1313 1898 1312 1899 794 1901 1311 1902 1152 1903 1310 1904 1139 1905 1572 1907 1153 1908 1140 1909 1289 1910 1141 1911 1154 1912 1155 1913 1309 1914 1308 1915 1156 1916 1157 1918 1307 1919 1158 1922 1290 1923 1573 1924 1574 1925 1159 1926 1160 1928 1161 1929 1291 1930 1306 1932 1365 1933 1266 1934 1292 1935 1267 1938 1354 1939 1268 1941 1269 1942 1575 1943 1293 1944 1142 1945 1305 1946 1162 1948 1163 1949 1381 1950 1382 1951 1164 1952 1496 1953 812 1955 1165 1956 1576 1957 1577 1958 1294 1959 1383 1960 1304 1961 1384 1963 1166 1964 1295 1966 1578 1967 1303 1968 1296 1970 1302 1971 792 1972 1301 1973 1167 1975 1579 1976 1300 1978 1580 1980 1581 1981 1168 1982 1169 1983 1297 1984 1550 1985 1366 1986 1551 1987 1282 1988 1170 1989 811 1990 814 1991 1171 1993 1582 1994 1583 1995 1367 1996 1385 1997 1584 1998 1172 1999 1173 2000 Veto No. 6 2001 1512 2004 1585 2006 1564 2007 1368 2008 1369 2009 1370 2010 1371 2011 1281 2012 1386 2013 797 2014 798 2016 1387 2017 1388 2018 1174 2019 1175 2020 1176 2021 1177 2022 1280 2023 1279 2024 1389 2025 810 2026 Veto No. 9 2027 1586 2028 1278 2029 1178 2030 1179 2031 1390 2032 1180 2033 1181 2034 1391 2035 1392 2036 1277 2037 1276 2038 1182 2039 1275 2040 1393 2041 1183 2042 1274 2043 1273 2044 1394 2045 1184 2046 1272 2050 1587 2052 1271 2053 1395 2054 1355 2055 1185 2056 1356 2057 1563 2058 1270 2061 1566 2062 1359 2063 1360 2064 1361 2065 1186 2067 1362 2069 1363 2070 1364 2071 1248 House Resolution Res. Act No. 69 99 125 100 330 74 363 86 470 75 472 76 476 94 477 95 481 77 482 78 500 58 505 87 506 88 507 79 512 80 514 81 515 60 519 82 566 53 572 83 585 89 586 84 587 85 588 61 591 62 593 63 633 64 635 65 643 66 644 102 660 96 662 103 666 67 686 97 689 68 690 91 691 90 716 69 717 70 718 101 720 92 742 71 743 72 770 73 794 98 Senate Bill Act No. 4 1603 32 1196 45 931 50 1604 56 1460 77 1197 83 1642 109 1605 112 1513 120 1606 135 932 152 1552 164 1326 174 1607 175 888 186 933 206 1608 264 934 267 1674 273 1198 290 889 292 1514 293 1199 296 1327 302 1497 303 1424 306 1643 308 1200 309 1553 311 1515 312 1201 313 1249 316 1434 317 1250 318 1554 322 1644 330 962 331 1202 334 1555 338 935 339 1203 340 1458 341 1328 342 1645 344 936 346 1204 347 937 348 1516 350 938 352 1556 353 890 356 1675 359 891 367 892 368 1557 369 1646 370 939 372 1187 373 893 375 1517 376 1435 377 1647 380 1205 384 1518 386 894 387 1648 391 1425 392 1426 393 1329 395 1649 397 1330 405 1498 406 Veto No. 8 407 895 409 1558 410 940 411 1331 412 1332 415 1251 416 963 417 1499 419 1500 420 1519 421 1520 422 1252 423 1206 424 1207 425 896 428 941 429 942 433 1333 436 1559 437 943 438 1521 440 1560 441 1501 442 964 443 1208 445 1609 446 897 447 1561 452 898 455 965 456 966 457 1209 463 1562 464 899 465 1334 469 900 470 1210 471 1335 473 1522 474 944 477 945 478 1211 479 901 481 902 482 1523 484 967 486 903 487 904 489 1427 490 1524 494 968 496 1650 498 1048 499 1049 500 1050 501 1051 502 1052 503 1053 504 1054 505 1188 506 1055 507 1056 508 1057 509 1058 510 1059 511 1060 512 1061 513 1062 514 1063 515 1064 516 1065 518 1066 519 1067 520 905 521 906 522 907 523 908 524 909 525 910 526 911 527 912 528 913 529 914 530 915 531 916 532 1651 534 917 536 1253 537 1525 539 1652 547 918 548 919 549 920 550 1068 551 946 552 1676 553 1457 556 Veto No. 7 557 921 562 1254 565 1212 569 1189 571 1190 572 922 573 1191 574 1244 578 923 579 1255 580 1256 581 1245 583 1502 585 1192 586 1193 587 924 591 925 592 819 593 926 595 927 596 928 597 1246 598 1194 599 929 600 1195 602 930 Senate Resolution Res. Act No. 289 59 292 57 322 52 330 104 334 56 339 54 361 93 436 55

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1986 APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1985-86. No. 775 (House Bill No. 1140). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1985-1986, known as the General Appropriations Act, approved April 10, 1985 (Ga. L. 1985, p. 1521), so as to add certain appropriations and authorizations for the State Fiscal Year 1985-1986; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing appropriations for the State Fiscal Year 1985-1986, known as the General Appropriations Act, approved April 10, 1985 (Ga. L. 1985, p. 1521), is amended by striking Sections 86, 87, and 88 and substituting in lieu thereof the following: PART IV ADDITIONAL EXECUTIVE BRANCH APPROPRIATIONS

Page 2

Section 86. Department of Administrative Services, for Direct Payments to the Georgia Building Authority for Capital Outlay. STATE APPROPRIATION..... $1,000,000 Provided that the Georgia Building Authority and the Georgia State Financing and Investment Commission are authorized to apply $3,217,000 of existing general obligation bond proceeds for building renovations and for the acquisition of furniture and fixtures. Section 87. Department of Agriculture. The Department is authorized and directed to permit the use of funds previously appropriated for the implementation of a merit-type salary plan for employees of the Poultry Veterinary Diagnostic Laboratories, effective February 1, 1986. Section 88. Department of Community Affairs, for Payment to the Georgia Development Authority for Loans to Counties and Municipalities. STATE APPROPRIATION..... $20,000,000 Section 89. Department of Corrections, for Capital Outlay. STATE APPROPRIATION..... $1,700,000 Section 90. State Board of Education - Department of Education. For Public Library Construction $17,270,000 For Local School Construction $79,282,058 STATE APPROPRIATION $96,552,058 Section 91. Department of Industry and Trade, for Payment to the Georgia World Congress Center. STATE APPROPRIATION..... $695,000 Section 92. Teachers Retirement System. STATE APPROPRIATION..... $134,000,000

Page 3

Section 93. TOTAL STATE APPROPRIATION FOR STATE FISCAL YEAR 1986..... $5,091,947,058 Section 94. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 95. All laws and parts of laws in conflict with this Act are repealed. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved January 30, 1986. AGRICULTUREVIDALIA ONION ACT OF 1986 ENACTED. Code Sections 2-14-130 through 2-14-135 Enacted. No. 777 (House Bill No. 1217). AN ACT To amend Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, so as to regulate the sale of onions; to provide for a short title; to provide for definitions; to provide that only certain onions may be identified, classified, packaged, labeled, or otherwise designated for sale as Vidalia onions; to provide for restrictions on the use of the term Vidalia in connection with the labeling,

Page 4

packaging, classifying, or identifying of onions; to provide for rules and regulations; to provide for variances from production area requirements and the practices and procedures connected therewith; to provide for quality standards, grades, labeling, and marketing practices; to provide for registration, inspection, and verification programs; to provide for practices and procedures; to provide for inspections; to provide that certain conduct shall be unlawful in connection with the sale of onions or the offering of onions for sale; to provide for civil and criminal penalties and the enforcement thereof; to provide for injunctions and restraining orders; to provide for court costs and expenses; to provide for enforcement of orders of the Commissioner of Agriculture; 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 14 of Title 2 of the Official Code of Georgia Annotated, relating to the sale of agricultural products, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows: ARTICLE 6 2-14-130. This article shall be known and may be cited as the `Vidalia Onion Act of 1986.' 2-14-131. As used in this article, the term: (1) `Person' means an individual, partnership, corporation, association, or any other legal entity. (2) `Vidalia onion production area' means a production area which encompasses only the State of Georgia or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133. (3) `Vidalia onion variety' means all Yellow Hybrid Granex and Granex 33 onions or other existing Granex varieties.

Page 5

2-14-132. Only onions which are of the Vidalia onion variety and which are grown within the Vidalia onion production area may be identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as Vidalia onions. The term `Vidalia' may be used in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state only if the onions are of the Vidalia onion variety and are grown in the Vidalia onion production area. 2-14-133. (a) The Commissioner of Agriculture is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, labeling, and marketing practices for the marketing of onions in this state and such other regulations as are necessary to administer properly this article. The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (2) of Code Section 2-14-131. Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to the effective date of this article. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (3) of Code Section 2-14-131 other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly. (b) The Commissioner and his agents and employees are authorized to enter any premises or other property where onions are produced, stored, sold, offered for sale, packaged for sale, transported, or delivered to inspect such onions for the purpose of enforcing the provisions of this article and the rules and regulations promulgated under this article.

Page 6

2-14-134. (a) It shall be unlawful for any person to sell or offer for sale either inside or outside this state any onions as Vidalia onions unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area. (b) It shall be unlawful for any person to package, label, identify, or classify any onions for sale inside or outside this state as Vidalia onions or to use the term `Vidalia' in connection with the labeling, packaging, classifying, or identifying of onions for sale inside or outside this state unless such onions are of the Vidalia onion variety and were grown in the Vidalia onion production area. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $1,000.00 nor more than $5,000.00 or by imprisonment for not less than one nor more than three years, or both. (d) It shall be unlawful for any person to sell onions in a manner which does not comply with the rules or regulations established by the Commissioner under authority of Code Section 2-14-133. 2-14-135. (a) Any person who violates any provision of this article or who violates any rule or regulation issued by the Commissioner pursuant to this article shall be liable for a civil penalty in an amount not to exceed $5,000.00 for each and every violation thereof, the amount of such penalty to be fixed by the Commissioner after notice and hearing as provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' for contested cases. Each day of violation shall constitute a separate violation for purposes of this subsection but in no event shall the penalty exceed $20,000.00. Any moneys recovered pursuant to this Code section shall be deposited in the state treasury. (b) Whenever in the judgment of the Commissioner any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article, the Commissioner may make application to the superior court of the county where such person resides or, if a nonresident of this state, to the superior court of the county where such person is engaged in or is about to engage in such act or practice, for an order enjoining and

Page 7

restraining such act or practice. If it appears to the court, upon any application for a temporary restraining order or upon any application for an interlocutory or permanent injunction, after evidence is received, that any person has engaged in or is about to engage in any act or practice which constitutes or will constitute any violation of this article or any rule or regulation duly issued by the Commissioner under this article, then the court shall enjoin the defendant from commiting further violations. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any court action brought by the Commissioner to enforce any of the provisions of this article or any rule or regulation issued by the Commissioner, the judgment, if in favor of the Commissioner, shall provide that defendant pay to the Commissioner all costs and expenses incurred by the Commissioner in the prosecution of such action. (d) The Commissioner may file in the superior court of the county wherein the person under order resides, or, if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate, a certified copy of a final administrative order of the Commissioner unappealed from or a final administrative order of the Commissioner affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved January 31, 1986.

Page 8

CONVEYANCE TO THE EMANUEL COUNTY BOARD OF COMMISSIONERSAMENDMENT OF RESOLUTION AUTHORIZING CONVEYANCE. No. 52 (Senate Resolution No. 322). A RESOLUTION To amend a resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 322), so as to provide that the State of Georgia, acting by and through the Governor, shall convey the real property described in the above-referenced resolution in consideration of the agreement of the Board of Commissioners of Emanuel County to construct a building that would be suitable for use by the State Forestry Commission as a regional office and to convey the county's interest in such new regional office to the State of Georgia by appropriate instrument; to provide an effective date; to repeal conflicting laws; and for other purposes. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . A resolution (Res. Act No. 106) authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia, to the Emanuel County Board of Commissioners, approved March 18, 1985 (Ga. L. 1985, p. 322), is amended by striking in their entirety Sections 1 through 3, which read as follows: 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 Board of Commissioners of Emanuel County constructing a building that would be suitable for use by the State Forestry Commission

Page 9

as a regional office and conveying the county's interest in this new regional office to the State of Georgia by appropriate instrument as consideration therefor. Section 3. That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Emanuel County by the State of Georgia, acting by and through the State Properties Commission, after the condition in the hereinabove Section 2 is met and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia., and inserting in lieu thereof new Sections 1 through 3 to read as follows: 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 Governor. Section 2. That the consideration for the conveyance of the above-described real property shall be the agreement of the Board of Commissioners of Emanuel County: (a) To construct a building that would be suitable for use by the State Forestry Commission as a regional office; and (b) To convey the county's interest in this new regional office to the State of Georgia by appropriate instrument. Section 3. That the above-described real property shall be conveyed by appropriate instrument to the Board of Commissioners of Emanuel County by the State of Georgia, acting by and through the Governor, upon the agreement of the county as set forth in Section 2 of this resolution and upon such other terms and conditions as the Governor shall determine to be in the best interest of the State of Georgia. Section 2 . That this resolution shall become effective as law upon its approval by the Governor or upon its becoming

Page 10

law without such 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 February 4, 1986. OFFICIAL CODE OF GEORGIAAMENDED. No. 781 (House Bill No. 1213). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to provide for other matters relating to 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 . Reserved. Section 2 . Reserved. Section 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:

Page 11

(1) By striking subparagraph (b)(3)(B) in its entirety and redesignating subparagraph (b)(3)(C) as subparagraph (b)(3)(B) in Code Section 3-3-20, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas. (2) By striking title and inserting in lieu thereof Code section both times it appears in subsection (c) of Code Section 3-6-29, relating to the content requirements for wine manufactured by domestic and farm wineries. Section 4 . Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) By striking , except as to the licensing and permitting of Class Aves under paragraph (2) of Code Section 27-5-5 from the first sentence of Code Section 4-10-11, relating to construction of Chapter 10 of this title relative to dealers in exotic and pet birds. Section 5 . Reserved. Section 6 . Reserved. Section 7 . Reserved. Section 8 . Reserved. Section 9 . Reserved. Section 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking or premises and inserting in lieu thereof on premises in division (1)(A)(i) of Code Section 10-1-410, relating to definitions of terms relating to the sale of business opportunities. Section 11 . Reserved. Section 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows:

Page 12

(1) By adding may between ordinance violations and be tried in the last sentence of subsection (b) of Code Section 12-3-194.1, relating to police and legislative powers of the Stone Mountain Memorial Association. (2) By striking groundwater and inserting in lieu thereof ground water in Code Section 12-4-141, relating to the statement of legislative purpose for the enactment of the Cave Protection Act of 1977. (3) By striking from paragraph (1) both times it appears, paragraph (10) both times it appears, paragraphs (14), (18) through (22), (30), (31), and paragraph (33) both times it appears groundwater and inserting in lieu thereof ground water and by striking parched and inserting in lieu thereof perched in paragraph (30) of Code Section 12-5-122, relating to definitions of terms used in the Water Well Standards Act of 1985. (4) By striking groundwater and inserting in lieu thereof ground water in subsection (h) of Code Section 12-5-127, relating to licensing of water well contractors generally. (5) By striking groundwater and inserting in lieu thereof ground water in subsection (b) of Code Section 12-5-132, relating to the effect of the Water Well Standards Act of 1985. (6) By striking groundwater and inserting in lieu thereof ground water in subparagraph (A) of paragraph (1), subparagraph (E) of paragraph (5), and subparagraph (D) of paragraph (6) of Code Section 12-5-134, relating to standards for wells and boreholes. (7) By striking thereto and inserting in lieu thereof pursuant to this part in subparagraph (g)(3)(A) of Code Section 12-5-179, relating to permits for operation of public water systems. (8) By striking groundwaters and inserting in lieu thereof ground waters in paragraph (3) of Code Section 12-8-62, relating to definitions of terms relating to hazardous waste disposal.

Page 13

(9) By striking of this Code section and inserting in lieu thereof of Code Section 12-8-65 in paragraph (1) of subsection (i) and by striking groundwater and inserting in lieu thereof ground-water in paragraph (2) of subsection (j) and paragraph (2) of subsection (k) of Code Section 12-8-66, relating to permits for construction and operation of hazardous waste facilities. (10) By striking the date of the enactment of this paragraph and inserting in lieu thereof March 14, 1985 in paragraph (4) of subsection (a) of Code Section 12-8-82, relating to criminal penalties for violations of the Georgia Hazardous Waste Management Act. Section 13 . Reserved. Section 14 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations is amended as follows: (1) By striking he has and inserting in lieu thereof they have in the undesignated language at the end of Code Section 14-2-152, relating to the standard of care for directors and officers of corporations in the discharge of their duties. Section 15 . Reserved. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking Paragraph (1) of this subsection and inserting in lieu thereof Subsection (a) of this Code section in the introductory language of subsection (b) of Code Section 16-10-6, relating to prohibitions against sales of real or personal property to political subdivisions by local officers or employees. (2) By striking of between subdivision and agency and inserting in lieu thereof or in paragraph (20) of Code Section 16-13-21, relating to definitions concerning the regulation of controlled substances. (3) By striking Trialozam and inserting in lieu thereof Triazolam in paragraph (32) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances.

Page 14

(4) By striking Section 16-13-31 and inserting in lieu thereof this Code section and by adding a comma following illegal drugs in subsection (f) of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, or marijuana. Section 17 . Reserved. Section 18 . Reserved. Section 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking calendar year and inserting in lieu thereof two-year period in paragraphs (2) and (3) of subsection (b) of Code Section 19-7-3, relating to visitation rights of grandparents. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking superintendent of schools and inserting in lieu thereof school superintendent and by striking notify the superintendent and inserting in lieu thereof notify the school superintendent in paragraph (5) of subsection (b); by striking the equivalent GED certificate and inserting in lieu thereof a general educational development (GED) equivalency diploma in paragraph (3), by striking above rule and inserting in lieu thereof rule provided for in this paragraph in paragraph (5), and by striking superintendent of schools and inserting in lieu thereof school superintendent in paragraph (6) of subsection (c); and by striking superintendents of schools and inserting in lieu thereof school superintendents and by inserting a comma between programs and such in subsection (e) of Code Section 20-2-690, relating to requirements for private schools and home study programs. (2) By inserting a comma between occurs and the in subsection (b) of Code Section 20-2-753, relating to certain disciplinary hearings. (3) By striking superintendent of schools and inserting in lieu thereof school superintendent in subsection (b) and by striking date it and inserting in lieu thereof date the local board of education in subsection (c) of Code Section 20-2-754, relating to certain disciplinary procedures.

Page 15

(4) By striking Chapter 80 of Title 36, relating to open meetings of governmental bodies and inserting in lieu thereof Code Section 36-80-1 and by deleting, relating to public records in subsections (a) and (b) of Code Section 20-2-757, relating to applicability of certain public inspection and open meeting laws. (5) By striking subsection (a) and inserting in lieu thereof paragraph (4) in Code Section 20-2-889, relating to insurance coverage of certain personnel. (6) By striking profession and inserting in lieu thereof professional in subsection (c) of Code Section 20-2-983, relating to the creation of the Professional Standards Commission. (7) By deleting relating to school funds, in Code Section 20-2-1074, relating to transportation of elderly and handicapped persons. (8) By striking above-listed political subdivisions and inserting in lieu thereof political subdivisions enumerated in this paragraph in paragraph (2) of Code Section 20-3-131, relating to definitions regarding junior colleges. (9) By striking is and inserting in lieu thereof are in subparagraph (B) of paragraph (8) of Code Section 20-4-62, relating to definitions regarding proprietary schools. (10) By striking further and inserting in lieu thereof, further, in paragraph (9) of Code Section 20-4-63, relating to certain statutory exemptions regarding proprietary schools. (11) By striking was and inserting in lieu thereof were in subsection (b) of Code Section 20-5-48, relating to ownership of library property. (12) By striking it is and inserting in lieu thereof such contracts or agreements are in paragraph (1) of Code Section 20-5-49, relating to authorization of library systems to enter into contracts. (13) By deleting, referred to in this chapter as' the council,' and by striking Elementary and Secondary Education

Page 16

Committee of the Senate, the chairman of the University System of Georgia Committee of the Senate and inserting in lieu thereof Education Committee of the Senate, the chairman of the Higher Education Committee of the Senate in subsection (a); by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; and by adding a new subsection, to be designated subsection (a), to read as follows: (a) As used in this chapter, the term `council' means the Legislative Educational Research Council., in Code Section 20-7-1, relating to the creation of the Legislative Educational Research Council. Section 21 . Reserved. Section 22 . Reserved. Section 23 . Reserved. Section 24 . Reserved. Section 25 . Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows: (1) By designating the introductory language as subsection (a), by striking said subsection (a) and inserting in lieu thereof subsection (a) of this Code section in paragraphs (2) through (5) of subsection (b) and both times it appears in subsection (c), and by striking a successor is and inserting in lieu thereof successors are in subsection (d) of Code Section 25-4-3, relating to the establishment and organization of the Georgia Firefighter Standards and Training Council. Section 26 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By inserting a comma immediately preceding or both in subsection (b) of Code Section 26-2-88, relating to penalties for fraud or distribution of adulterated articles.

Page 17

(2) By striking Any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section may be sued and inserting in lieu thereof An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in subsection (d) of Code Section 26-4-148, relating to criminal penalties and civil liability for violating certain nuclear pharmacy statutes. (3) By striking persons and inserting in lieu thereof person in Code Section 26-5-17, relating to confidentiality of certain names, records, and communications. Section 27 . Reserved. Section 28 . Title 28 of the Official Code of Georgia Annotated, relating to General Assembly, is amended as follows: (1) By striking members residence and inserting in lieu thereof the member's residence in subsection (b) of Code Section 28-1-8, relating to salary and allowances of members and officers of the General Assembly. (2) By striking impart and inserting in lieu thereof import in paragraph (7) of subsection (a) of Code Section 28-9-5, relating to the powers of the Code Revision Commission relative to publication of the Official Code of Georgia Annotated. Section 29 . Reserved. Section 30 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows: (1) By striking provided, further that and inserting in lieu thereof provided, further, that in Code Section 30-3-3, relating to standards and specifications applicable to buildings and facilities so as to make them accessible to handicapped persons. Section 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking the intent of the intent of the General Assembly and inserting in lieu thereof the intent of the General

Page 18

Assembly in Code Section 31-18-1, relating to the declaration of policy relative to treatment and rehabilitation of spinal cord disabled and head-injured persons. Section 32 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking control of any responsibility for and inserting in lieu thereof control of and responsibility for in paragraph (1) of subsection (a) of Code Section 32-2-2, relating to powers and duties of the Department of Transportation. Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking purposes for and inserting in lieu thereof purposes of in paragraph (2) of subsection (d) of Code Section 33-25-4, relating to required nonforfeiture provisions. (2) By deleting known as in paragraph (8) of subsection (a) of Code Section 33-37-17, relating to certain powers of the Commissioner of Insurance. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking Code Sections 51-4-1 through 51-4-4; and inserting in lieu thereof Code Sections 51-4-1, 51-4-2, and 51-4-4; and by striking Code Sections 51-4-2 through 51-4-4 and inserting in lieu thereof Code Sections 51-4-2 and 51-4-4 in Code Section 34-7-41, relating to liability of a common carrier by railroad for personal injury or death of employee. (2) By striking such service if performed and inserting in lieu thereof such service is performed in paragraph (2) of subsection (g) and by striking the United States secretary of labor and inserting in lieu thereof the United States Secretary of Labor in paragraph (6) of subsection (o) in Code Section 34-8-40, relating to the definition of the term employment in the Employment Security Law.

Page 19

(3) By striking water capacity and inserting in lieu thereof water-containing capacity in subparagraph (a)(9)(C) of Code Section 34-11-7, relating to exceptions to the maximum allowable working pressure of a boiler or pressure vessel. (4) By striking owner and inserting in lieu thereof owner's in subsection (a) of Code Section 34-12-8, relating to amusement ride inspection. (5) By striking the comma following amusement ride in the first sentence of Code Section 34-12-19, relating to the right of an owner or operator of an amusement ride to deny entry to rides. Section 35 . Reserved. Section 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking time of annexation and inserting in lieu thereof time of incorporation in Code Section 36-31-4, relating to requirements as to use and subdivision of areas proposed to be incorporated. (2) By deleting the comma preceding the parenthesis in the first sentence of subsection (e) of Code Section 36-41-8, relating to the issuance of revenue bonds by urban residential finance authorities. (3) By striking disperse and inserting in lieu thereof disburse in paragraph (6) of subsection (a) and by striking Title 36 and inserting in lieu thereof this title in paragraph (9) of subsection (a) of Code Section 36-44-5, relating to redevelopment powers of political subdivisions. (4) By striking Federal, State, and Community Affairs Committee and inserting in lieu thereof Urban and County Affairs Committee in subsection (a) of Code Section 36-81-8, relating to the preparation and filing of annual reports on local government finances by the Department of Community Affairs. Section 37 . Reserved.

Page 20

Section 38 . Reserved. 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 Code Section 40-5-158 and inserting in lieu thereof Code Section 40-8-158 both times that it appears in subsection (a) of Code Section 40-8-159.1, relating to proof of emission inspection as prerequisite to issuing license or operating motor vehicle. (2) By striking a lawsuit and inserting in lieu thereof an action in subsection (c) and by striking but such person's driver's license, and inserting in lieu thereof but suspension of such person's driver's license, in subsection (d) of Code Section 40-9-32, relating to determination of the amount of security required under the Motor Vehicle Safety Responsibility Act. Section 41 . Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (1) By striking human habitation, commercial and inserting in lieu thereof human habitation or for commercial both times that it appears, by striking that there exists and inserting in lieu thereof that there exist, and by striking or due to other conditions and inserting in lieu thereof or other conditions in subsection (a) of Code Section 41-2-7, relating to power of certain municipalities with regard to unfit buildings or structures. Section 42 . Reserved. Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking the effective date of this chapter and inserting in lieu thereof March 29, 1983, in subsection (b) and by striking the effective date of this paragraph and inserting in lieu thereof July 1, 1985, in paragraph (2) of subsection

Page 21

(d) of Code Section 43-10-8, relating to certificates of registration of cosmetologists. (2) By inserting are between requirements and substantially in subsection (d) of Code Section 43-10-9, relating to application for certain certificates of registration. (3) By striking sign and inserting in lieu thereof sign reading in subparagraph (a)(1)(C) and by striking persons and inserting in lieu thereof person in paragraph (1) of subsection (e) of Code Section 43-10-12, relating to regulation and permits for certain schools. (4) By striking chapter and inserting in lieu thereof article in Code Section 43-18-40, relating to qualifications of embalmers and funeral directors. (5) By striking which and inserting in lieu thereof whom in subsection (i) of Code Section 43-36-4, relating to creation of the State Board of Polygraph Examiners. (6) By striking an examinee who and inserting in lieu thereof to an examinee who so in paragraph (4) of subsection (c) of Code Section 43-36-13, relating to procedures for polygraph examinations. (7) By striking and, that and inserting in lieu thereof and that, in subparagraph (d)(3)(C), by striking realized; and inserting in lieu thereof realized; and in subparagraph (d)(3)(G), and by striking amounts that and inserting in lieu thereof amounts as in subsection (j) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund. (8) By striking salesman and inserting in lieu thereof salesperson in paragraphs (23) and (25) of subsection (a) of Code Section 43-40-25, relating to violations by certain licensees, schools, and instructors. Section 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By deleting (1) and (2) in the introductory language preceding paragraph (1) and by deleting (i) and (ii) in subparagraph

Page 22

(B) of paragraph (13) of Code Section 44-3-3, relating to registration statements for certain sales of subdivided lands. (2) By striking subsection (b) of Code Section 44-3-9, relating to certain orders of the commissioner, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring: (1) The immediate appearance of any defendant and his agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant. (3) By deleting (1) and (2) in subsection (g) of Code Section 44-3-13, relating to certain orders and hearings regarding sales of subdivided lands. (4) By inserting or `cemeteries' between `Cemetery' and means and by striking The term `cemetery' or `cemeteries' as used in this article and inserting in lieu thereof Such terms in paragraph (4) of Code Section 44-3-131, relating to definitions regarding cemeteries. (5) By striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial services, or burial merchandise to any purchaser in this state unless: (1) The related cemetery or preneed dealer is registered pursuant to this Code section; or (2) Such related cemetery or preneed dealer is exempt from the provisions of this article.

Page 23

The owner of each cemetery and preneed dealer shall apply for and obtain a certificate or registration from the Secretary of State; and it shall be unlawful to sell any burial lots, rights, burial services, or burial merchandise without obtaining and maintaining a valid certificate., by deleting For the purposes of this Code section, `perpetual care' shall be defined as and have the same meaning as that contained in Code Section 44-3-131. in paragraph (1) of subsection (c), by deleting For the purposes of this Code section, `non-perpetual care' shall be defined as and have the same meaning as that contained in Code Section 44-3-131. in paragraph (1) of subsection (d), and by striking subparagraph (e)(1)(A) of this Code section and inserting in lieu thereof subparagraph (A) of paragraph (1) of this subsection in subparagraph (e)(1)(C) of Code Section 44-3-134, relating to registration of dealers and cemeteries. (6) By striking paragraph (5) of subsection (a) of Code Section 44-3-136, relating to certain stop orders of the Secretary of State and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Any provision of this article or any rule, order, or condition lawfully imposed under this article has been willfully violated by: (A) The person filing the registration statement; (B) The registrant's individual owner, corporate owner, or person who owns controlling interest of the corporate owner; or (C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article. (7) By adding immediately following paragraph (5) a new paragraph (5.1) of Code Section 44-3-162, relating to definitions regarding time-share projects and programs, to read as follows: (5.1) `Developer control period' means the period of time during which the developer or managing agent selected

Page 24

by the developer may manage the time-share program and the units in the time-share program. (8) By striking period of time, hereafter referred to as `developer control period,' during which the developer or a managing agent selected by the developer may manage the time-share program and the units in the time-share program and inserting in lieu thereof developer control period in subsection (a) of Code Section 44-3-168, relating to developer control periods in time-share estate programs. (9) By striking Code Section 44-3-171, relating to sale of certain time-share intervals, and inserting in lieu thereof a new Code Section 44-3-171 to read as follows: 44-3-171. In the event that: (1) Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and (3) The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 without the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provisions required by Code Sections 44-3-166 through 44-3-170, but not included in the instruments. (10) By deleting (FGCC) and by striking FGCC twice and inserting in lieu thereof Federal Geodetic Control Committee in Code Section 44-4-25, relating to prohibition of recordation of certain coordinates of point.

Page 25

(11) By striking became and inserting in lieu thereof become in paragraph (1) of subsection (a) of Code Section 44-12-194, relating to a presumption of abandonment of certain unclaimed funds. (12) By striking ficuciary and inserting in lieu thereof fiduciary in Code Section 44-12-198, relating to certain presumptions of abandonment. (13) By adding a new Code section to be designated Code Section 44-13-1.1 to read as follows: 44-13-1.1. As used in this article, the term `dependent' means a person whom the debtor may claim as a dependent for income tax purposes pursuant to Code Section 48-7-26. (14) By deleting As used in this article, `dependent' means a person whom the debtor may claim as a dependent for income tax purposes pursuant to Code Section 48-7-26. in Code Section 44-13-2, relating to applications for certain exemptions from levy and sale. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking listed below and inserting in lieu thereof enumerated in this Code section and by striking above and inserting in lieu thereof expense allowance and reimbursement provided for in this Code section in Code Section 45-7-21, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions. (2) By striking Fireman's and inserting in lieu thereof State Firemen's in Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission. (3) By striking either and inserting in lieu thereof any in subparagraph (a)(15)(C) of Code Section 45-10-25, relating to certain exceptions to prohibitions on transactions with state agencies. (4) By striking $12,500,000 and inserting in lieu thereof $12,500,000.00 in subsection (d) of Code Section 45-12-93, relating to the revenue shortfall reserve.

Page 26

(5) By inserting to between election and or in paragraph (1) of subsection (b) of Code Section 45-16-1, relating to the election, commission, and removal of coroners. (6) By inserting a between and and fee in subsection (b) of Code Section 45-16-27, relating to post-mortem examinations and inquests. (7) By striking Georgia Coroner's Training Council and inserting in lieu thereof council in Code Section 45-16-63, relating to certain oaths of office and certificates of appointment. (8) By striking corporate and inserting in lieu thereof cooperate and by striking purpose and inserting in lieu thereof purposes in paragraph (2) and by deleting established in paragraph (4) of Code Section 45-16-65, relating to powers and duties of the Georgia Coroner's Training Council. (9) By striking signed in presence and inserting in lieu thereof signed in the presence in paragraph (2) of subsection (b) of Code Section 45-17-2.1, relating to application to be a notary public. (10) By striking Employee Benefit Plan Council and inserting in lieu thereof council in Code Section 45-18-52, relating to the establishment of flexible employee benefit plans. (11) By striking voluntary and inserting in lieu thereof voluntarily in Code Section 45-18-54, relating to continuation of certain optional benefit plans. (12) By striking state or plan and inserting in lieu thereof state, or the plan in Code Section 45-18-56, relating to execution of certain contracts by the commissioner of personnel administration. (13) By striking subsection (d) and inserting in lieu thereof subsection (e) in Code Section 45-19-32, relating to violation of certain conciliation agreements. (14) By deleting , hereinafter called the respondent, in subsection (a), by striking subsection (c) and inserting in lieu thereof subsection (d) in subsection (d), by redesignating subsections

Page 27

(a) through (f) as subsections (b) through (g), respectively, and by adding a new subsection (a) to read as follows: (a) As used in this Code section, the term `respondent' means an employer charged with an alleged unlawful practice., in Code Section 45-19-36, relating to complaints of certain unlawful practices. Section 46 . Reserved. 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 he has and inserting in lieu thereof they have in subsections (a) and (b) in Code Section 48-5-141, relating to the periodic paying over of county taxes by public officers. (2) By striking subsection (a) of this Code section and inserting in lieu thereof paragraph (1) of this subsection in paragraph (2) of subsection (a) of Code Section 48-7-165, relating to hearing procedures for certain setoff debt collections. (3) By striking bringing and inserting in lieu thereof bring in paragraph (19) of Code Section 48-8-3, relating to exemptions from sales and use taxes. (4) By striking subsection (c) of this Code section and inserting in lieu thereof paragraph (1) of this subsection in paragraph (2) of subsection (d) of Code Section 48-8-111, relating to procedures for the imposition of a special county 1 percent sales and use tax. (5) By striking has no highway use of such fuels or is a reseller of such fuels and inserting in lieu thereof has no highway use of such fuels and is not a reseller of such fuels in subdivision (b)(7)(B)(ii)(I) of Code Section 48-9-3, relating to the levy of an excise tax on motor fuels. Section 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows:

Page 28

(1) By striking the comma following department has determined in Code Section 49-5-63, relating to the notice of determination of preliminary records check. Section 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking Industry, Labor, and Tourism and inserting in lieu thereof Industry and Labor in Code Section 50-5-124, relating to required reports by the small business advisory council of the Department of Administrative Services. (2) By striking which accrues or is paid and inserting in lieu thereof which accrue or are paid in subparagraph (C) of paragraph (3) of Code Section 50-10-4, relating to definitions affecting the Georgia Development Authority. (3) By striking lighting and inserting in lieu thereof lightning in paragraph (8) of Code Section 50-16-34, relating to the duties and powers of the State Properties Commission. (4) By striking Banking, Finance, and Insurance and inserting in lieu thereof Banking and Finance in subsection (a) of Code Section 50-17-51, relating to meetings and records of the State Depository Board. Section 51 . Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as follows: (1) By designating the first sentence as paragraph (1), by designating the second sentence as paragraph (2), and by striking the preceding sentence and inserting in lieu thereof paragraph (1) of this subsection in subsection (d) of Code Section 51-4-2, relating to persons entitled to bring an action for wrongful death of a spouse or parent. Section 52 . Reserved. 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 probate court and inserting in lieu thereof superior court in subsection (a) of Code Section 53-13-16, relating

Page 29

to procedures for requiring a trustee to give bond despite language of the trust instrument. Section 54 . Except for Title 47, 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 1985 supplement to the Official Code of Georgia Annotated published under authority of the state in 1985 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. 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 1986 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

Page 30

Section 55 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 56 . All laws and parts of laws in conflict with this Act are repealed. Approved February 11, 1986. RETIREMENT AND PENSIONSCODE REVISION. Code Title 47 Amended. No. 782 (House Bill No. 1214). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling; to provide for other matters relating to 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking subsections (a) and (b) of from paragraph (3) of subsection (f) of Code Section 47-2-334, relating to the

Page 31

service retirement allowance and calculation of retirement benefits or allowances under the Employees' Retirement System of Georgia. (2) By striking which has or may be and inserting in lieu thereof which has been or may be in paragraph (4) of Code Section 47-6-1, relating to definitions of terms relating to the Georgia Legislative Retirement System. (3) By adding of this Code section between (b) and during in subsection (c) of Code Section 47-14-70, relating to retirement benefits under the Superior Court Clerks' Retirement Fund of Georgia. (4) By striking noninjury and inserting in lieu thereof nonjury in paragraph (1) of subsection (j) of Code Section 47-17-81, relating to disability benefits under the Peace Officers' Annuity and Benefit Fund. (5) By striking combining the affects and inserting in lieu thereof combining the effects in subparagraph (C) of paragraph (4) of Code Section 47-20-30, relating to definitions of terms relating to the procedures for the consideration of retirement bills in the General Assembly. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 11, 1986.

Page 32

ELECTIONSCODE REVISION. Code Title 21, Chapters 2 and 3 Amended. No. 787 (House Bill No. 1215). 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 therefore and inserting in lieu thereof therefor in subsection (b) and by deleting, relating to contested primaries and elections in subsection (d) of Code Section 21-2-5, relating to qualification of candidates for federal and state office. (2) By deleting, relating to contested primaries and elections in subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county office. (3) By deleting the comma following candidacy in subsection (d) immediately preceding paragraph (1), by deleting or at the end of paragraph (2) of subsection (d), and by striking thereunder and inserting in lieu thereof under this chapter in paragraph (8) of subsection (e) of Code Section 21-2-132, relating to filing a notice of candidacy.

Page 33

(4) By striking hereunder and inserting in lieu thereof under this chapter in paragraph (8) of subsection (e) of Code Section 21-2-153, relating to qualification of candidates for certain party nomination. (5) By striking hereinbefore provided and inserting in lieu thereof provided in subsection (a) of this Code section in subsection (b) and by striking above per diem compensation and inserting in lieu thereof per diem compensation provided for in this subsection and by striking above limitations and inserting in lieu thereof limitations provided for in this subsection in subsection (c) of Code Section 21-2-211, relating to appointment of county registrars. (6) By striking office holder and inserting in lieu thereof officeholder in subsection (a) and by striking Secretary of the State and inserting in lieu thereof Secretary of State in subsection (b) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars. (7) By striking above form of registration card and inserting in lieu thereof form of the registration card provided for in subsection (a) of this Code section and striking County of the state and inserting in lieu thereof County of the State in paragraph (1) of subsection (b), by striking Code Section 21-2-217 and inserting in lieu thereof this Code section in subparagraph (b)(2)(B), by striking subparagraph (b)(2)(A) of this Code section and inserting in lieu thereof subparagraph (A) of paragraph (2) of this subsection in paragraph (3) of subsection (b), and by striking Code and inserting in lieu thereof title in subsection (f) of Code Section 21-2-217, relating to the form of registration cards. (8) By deleting the comma following law in subsection (b) of Code Section 21-2-231, relating to exemption of qualified electors from certain registration or qualification. (9) By striking (Zip) and inserting in lieu thereof (ZIP) in subsection (a) of Code Section 21-2-240, relating to procedure upon change of residence of an elector. (10) By deleting the commas following delivery and overseas citizen and by inserting a comma following States in

Page 34

paragraph (1) of subsection (a) of Code Section 21-2-381, relating to applications for absentee ballots. (11) By striking be prescribed and inserting in lieu thereof be determined, by striking defined and prescribed and inserting in lieu thereof provided for, by striking ascribed and inserting in lieu thereof provided for in subsection (b) and by striking 21-2-579, 21-2-568, or 21-2-573 and inserting in lieu thereof 21-2-568, 21-2-573, or 21-2-579 in subsection (c) of Code Section 21-2-384, relating to preparation and delivery of ballots and envelopes. (12) By striking (if any) and inserting in lieu thereof, if any in subsection (a) of Code Section 21-2-385, relating to procedure for voting by absentee ballot. (13) By inserting the between of and polls in Code Section 21-2-404, relating to affording employees time off to vote. (14) By striking said provisions and inserting in lieu thereof the provisions of Code Section 21-2-414 in subsection (d) of Code Section 21-2-413, relating to the conduct of voters and campaigners at polling places. (15) By inserting a comma between kind and nor in subsection (a) of Code Section 21-2-414, relating to certain restrictions on campaign activities and public opinion polling. (16) By striking above acts and inserting in lieu thereof acts enumerated in this subsection in subsection (a) of Code Section 21-2-415, relating to distribution of certain campaign literature. (17) By striking aforesaid and inserting in lieu thereof provided in this subsection in subsection (a) and by striking aforesaid and inserting in lieu thereof provided in subsection (a) of this Code section in subsection (b) of Code Section 21-2-440, relating to certain duties of poll officers. (18) By inserting a between with and mechanism twice, by striking aforesaid and inserting in lieu thereof provided

Page 35

in this subsection and deleting hereinafter in subsection (a), and by striking herein prescribed and inserting in lieu thereof provided in this subsection in subsection (b) of Code Section 21-2-450, relating to certain procedures in polling places. (19) By deleting the comma between question and shall in subsection (b) and by striking foregoing returns and inserting in lieu thereof returns provided for in this Code section in subsection (d) of Code Section 21-2-455, relating to the canvass and return of votes. (20) By striking subparagraph (4)(A) of this Code section and inserting in lieu thereof subparagraph (A) of this paragraph in subparagraph (B) of paragraph (4) of Code Section 21-2-497, relating to preparation of certain consolidated returns. (21) By striking subparagraph (4)(A) and inserting in lieu thereof subparagraph (A) of paragraph (4) in subsection (a) and by inserting the between of and Court in the catchline of subsection (c) of Code Section 21-2-502, relating to the issuance of certificates of election. (22) By striking aforesaid and inserting in lieu thereof provided in this subsection in subsection (f) of Code Section 21-2-524, relating to filing petitions to contest primaries or elections. (23) By striking (or its agent) and inserting in lieu thereof or its agent twice in subparagraph (A) of paragraph (31) of Code Section 21-3-2, relating to definitions regarding elections. (24) By striking thereunder and inserting in lieu thereof under this chapter in paragraph (8) of subsection (e) of Code Section 21-3-91, relating to filing a notice of candidacy. (25) By striking thereunder and inserting in lieu thereof under this chapter in paragraph (8) of subsection (e) of Code Section 21-3-98, relating to certain qualification of candidates for party nomination.

Page 36

(26) By striking office holder and inserting in lieu thereof officeholder in subsection (a) of Code Section 21-3-121, relating to qualifications of registrars and deputy registrars. (27) By deleting the parenthesis immediately preceding the period at the end of the first sentence of subsection (b) of Code Section 21-3-133, relating to purging certain lists of electors. (28) By striking said provisions and inserting in lieu thereof the provisions of Code Section 21-3-321 in subsection (d) of Code Section 21-3-320, relating to the conduct of voters and campaigners at polling places. (29) By striking persons and inserting in lieu thereof person and by inserting a comma between kind and nor in subsection (a) of Code Section 21-3-321, relating to certain restrictions on campaign activities and public opinion polls. (30) By striking convicted for and inserting in lieu thereof convicted of in Code Section 21-3-478, relating to penalties for certain misdemeanors. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 17, 1986.

Page 37

RAILROAD OR ELECTRIC COMPANIESVENUE OF ACTIONS. Code Section 46-1-2 Amended. No. 788 (House Bill No. 1216). AN ACT To amend Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad companies, so as to change certain venue provisions relative to actions against railroad or electric companies; to provide for an effective date; to repeal conflicting laws; and other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 46-1-2 of the Official Code of Georgia Annotated, relating to the measure of damages for wrongs and injuries by railroad companies, 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) Any railroad or electric company shall be sued by anyone whose person or property has been injured by such railroad or electric company, or by its officers, agents, or employees, for the purpose of recovering damages for such injuries, in the county in which the cause of action originated; and actions on all contracts shall be brought in the county in which the contract in question is made or is to be performed. If the cause of action arises in a county where the railroad or electric company liable to suit has no agent, service may be perfected by the issuance of a second original, to be served upon the company in the county of its principal office and place of business, if in this state, and if not, on any agent of such company. In the alternative, if the company has no agent in the county where the cause of action arises, an action may be brought in the county of the residence of such company.

Page 38

Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 19, 1986. EDUCATIONLEASES OF SCHOOLHOUSES OR SCHOOL PROPERTY NO LONGER NEEDED FOR SCHOOL PURPOSES. Code Section 20-2-600 Amended. No. 790 (House Bill No. 1208). AN ACT To amend Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational purposes, so as to provide for the lease of certain school property that has been determined to be no longer needed for school purposes for a period not to exceed 15 years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 12 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to leasing public school property for private educational purposes, is amended by striking Code Section 20-2-600, relating to certain leases of schoolhouses or other school property, and inserting in lieu thereof a new Code Section 20-2-600 to read as follows: 20-2-600. The various counties, cities, municipalities, county boards of education, city boards of education, and

Page 39

governing bodies of independent school districts or systems of this state shall have authority to lease any schoolhouse or other school property that it has determined is no longer needed for school purposes to any person, group of persons, or corporation, provided that the lease shall be for a period not longer than 15 years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved February 25, 1986. FORT HOWARD PAPER COMPANYEASEMENT OVER STATE PROPERTY IN EFFINGHAM COUNTY. No. 53 (House Resolution No. 566). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to grant and convey to Fort Howard Paper Company an easement over, under, across, and through certain real property owned by the State of Georgia and located in Effingham County, Georgia, for the construction, installation, operation, maintenance, repair and improvement of intake/outfall facility and a dock facility to be built over, under, across, or through such State-owned property and for initial and maintenance dredging over, under, across or through such State-owned property; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, Fort Howard Paper Company is constructing a recycle tissue mill at a site in Effingham County, Georgia; and WHEREAS, in connection with such mill, Fort Howard Paper Company has proposed to construct an intake/outfall facility

Page 40

and a dock facility in the Savannah River and to perform initial and maintenance dredging to provide adequate depth for barges and to maintain sufficient depth at the intake and discharge structures; and WHEREAS, Fort Howard Paper Company has obtained a permit from the U.S. Army Corps of Engineers and a water quality certification from the Environmental Protection Division, Department of Natural Resources, State of Georgia, for such intake/outfall facility, dock facility and initial and maintenance dredging; and WHEREAS, portions of the property on which such intake/oufall facility and dock facility and initial and maintenance dredging will be located are on lands lying below the high water mark of the Savannah River which are owned by the State of Georgia; and WHEREAS, said State-owned real property is described as follows: ALL THAT TRACT OF LAND situate, lying and being in Effingham County, Georgia, containing 0.67 acre, more or less, as same is shown on a plat of survey dated December 17, 1985 entitled Plat of a Proposed Dredging Easement Along the West Side of the Savannah River, Effingham County, Georgia prepared by Hussey, Gay and Bell, Consulting Engineers, Savannah, Georgia, more particularly James M. Sims, Georgia Registered Land Surveyor No. 2280, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows: Beginning at a point on the western bank of the Savannah River, said point being located 100 feet, more or less, northerly from the approximate location of U.S. Corps of Engineers Mile Marker No. 42, and being specifically located by Georgia East Zone State Plane Coordinates y = 856,383.32, x 810,146.09; running thence N 13 degrees 41 [UNK] E along the top of the western bank of the Savannah River a distance of 160.97 feet to a point located by Georgia East Zone State Plane Coordinates y = 856,539.72, x = 810,184.16; running thence N 0 degrees 56[UNK] 24[UNK] E along the top of the western bank of the Savannah River a distance of 271.54

Page 41

feet to a point located by Georgia East Zone State Plane Coordinates y = 856,811.22, x = 810,188.62; running thence S 89 degrees 03[UNK] 36[UNK] E a distance of 60 feet to a point in the Savannah River located by Georgia East Zone State Plane Coordinates y = 856,810.24, x = 10,248.61; running thence S 0 degrees 56[UNK] 24[UNK] = W a distance of 439.36 feet to a point in the Savannah River located by Georgia East Zone State Plane Coordinates y = 856,370.93, x 810,241.40; running thence N 82 degrees 35[UNK] 39[UNK] W a distance of 96.12 feet to the point of beginning; and WHEREAS, except as provided by legislative Act, the State of Georgia may grant only a revocable license for the construction and maintenance of such improvements and facilities under, over, through, or across State-owned properties for any term exceeding one year; and WHEREAS, the State of Georgia granted such a revocable license to Fort Howard Paper Company on May 24, 1985; and WHEREAS, Fort Howard Paper Company desires a perpetual easement for the construction and maintenance of such improvements and facilities; and WHEREAS, it is deemed beneficial for the State of Georgia that such mill and supporting facilities be constructed and that the State of Georgia grant and convey an easement to such State-owned propety under such terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The State of Georgia is the owner of real property described herein, referred to as the easement 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, is authorized and empowered

Page 42

to convey to Fort Howard Paper Company an easement for the installation, operation, and maintenance of an intake/outfall facility and a dock facility and to perform initial and maintenance dredging and related activities in the easement area for the purpose of constructing, operating, maintaining, repairing, and replacing such intake/outfall facility and dock facility, 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 Effingham County, Georgia, and is more particularly described as follows: ALL THAT TRACT OF LAND situate, lying and being in Effingham County, Georgia, containing 0.67 acre, more or less, as same is shown on a plat of survey dated December 17, 1985 entitled Plat of a Proposed Dredging Easement Along the West Side of the Savannah River, Effingham County, Georgia prepared by Hussey, Gay and Bell, Consulting Engineers, Savannah, Georgia, more particularly James M. Sims, Georgia Registered Land Surveyor No. 2280, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows: Beginning at a point on the western bank of the Savannah River, said point being located 100 feet, more or less, northerly from the approximate location of U.S. Corps of Engineers Mile Marker No. 42, and being specifically located by Georgia East Zone State Plane Coordinates y = 856,383.32, x = 810,146.09; running thence N 13 degrees 41[UNK] E along the top of the western bank of the Savannah River a distance of 160.97 feet to a point located by Georgia East Zone State Plane Coordinates y = 856,539.72, x = 810,184.16; running thence N 0 degrees 56[UNK] 24[UNK] E along the top of the western bank of the Savannah River a distance of 271.54 feet to a point located by Georgia East Zone State Plane Coordinates y = 856,811.22, x = 810,188.62; running thence S 89 degrees 03[UNK] 36[UNK] E a distance of 60 feet to a point in the Savannah River located by Georgia East Zone State Plane Coordinates y = 856,810.24, x = 810,248.61; running thence S 0 degrees 56[UNK] 24[UNK] W a distance of 439.36 feet to a point in the Savannah River located by Georgia East Zone State Plane Coordinates y = 856,370.93, x = 810,241.40; running

Page 43

thence N 82 degrees 35[UNK] 39[UNK] W a distance of 96.12 feet to the point of beginning. Section 3 . That the consideration for such easement shall be the benefit flowing to the State of Georgia from the construction and operation of such recycle tissue mill and related facilities and the payment to the State of Georgia of One Hundred Dollars ($100.00). Section 4 . That such easement shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 5 . That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to convey such easement. Section 6 . That such easement is made only for the purposes of an intake/outfall facility and dock facility and initial and maintenance dredging and activities in conjunction therewith and shall continue only so long as Fort Howard Paper Company, its successors and assigns, continue to maintain and operate the aforesaid facilities, and should said facilities be permanently abandoned or the use thereof permanently discontinued, said easement shall terminate. Section 7 . For purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. 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 survey prepared by Hussey, Gay and Bell, signed by James M. Sims, Georgia Registered Land Surveyor No. 2280, dated December 17, 1985, 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 February 25, 1986.

Page 44

APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1985-86. No. 791 (House Bill No. 1259). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1985-1986 known as the General Appropriations Act, approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), so as to change certain appropriations for the State Fiscal Year 1985-1986; to change the revenue estimate; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing appropriations for the State Fiscal Year 1985-1986, known as the General Appropriations Act, approved April 10, 1985 (Ga. L. 1985, p. 1521), as amended by an Act approved January 30, 1986 (Act No. 775, HB 1140), is amended by striking everything following the enacting clause through Section 85, 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, 1985, and ending June 30, 1986, as prescribed hereinafter for such State Fiscal Year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a State fund revenue estimate of $4,972,000,000 for State Fiscal Year 1986. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 18,308,851 Personal Services - Staff $ 7,861,329 Personal Services - Elected Officials $ 2,386,700 Regular Operating Expenses $ 1,500,624 Travel - Staff $ 125,700 Travel - Elected Officials $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 552,800 Equipment Purchases $ 404,022 Computer Charges $ 635,684 Real Estate Rentals $ 62,211 Telecommunications $ 600,803 Per Diem, Fees and Contracts - Staff $ 487,750 Per Diem, Fees and Contracts - Elected Officials $ 1,798,836 Postage $ 139,592 Photography $ 65,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 550,000 Total Funds Budgeted $ 18,308,851 State Funds Budgeted $ 18,308,851 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,145,820 $ 3,145,820 Lt. Governor's Office $ 406,448 $ 406,448 Secretary of the Senate's Office $ 968,417 $ 968,417 Total $ 4,520,685 $ 4,520,685 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 6,939,155 $ 6,939,155 Speaker of the House's Office $ 260,881 $ 260,881 Clerk of the House's Office $ 1,073,901 $ 1,073,901 Total $ 8,273,937 $ 8,273,937 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,111,767 $ 2,111,767 Legislative Fiscal Office $ 1,306,442 $ 1,306,442 Legislative Budget Office $ 720,594 $ 720,594 Ancillary Activities $ 1,375,426 $ 1,375,426 Total $ 5,514,229 $ 5,514,229 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; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall,

Page 47

prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; 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 $ 7,864,771 Operations Budget: Personal Services $ 7,676,610 Regular Operating Expenses $ 240,000 Travel $ 665,000 Motor Vehicle Purchases $ 48,000 Publications and Printing $ 25,500 Equipment Purchases $ 12,250 Per Diem, Fees and Contracts $ 12,000 Real Estate Rentals $ 238,490 Computer Charges $ 120,000 Telecommunications $ 45,000 Total Funds Budgeted $ 9,082,850 State Funds Budgeted $ 7,864,771 Total Positions Budgeted 212 Authorized Motor Vehicles 37 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,174,486 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 3,606,414 Section 5. Superior Courts. Budget Unit: Superior Courts $ 28,372,779 Operation of the Courts $ 27,051,452 Prosecuting Attorneys' Council $ 538,924 Sentence Review Panel $ 114,778 Council of Superior Court Judges $ 51,378 Judicial Administrative Districts $ 609,002 Habeas Corpus Clerk $ 7,245 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 196,899 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 280,912 Institute's Operations $ 263,500 Georgia Magistrate Courts Training Council $ 17,412 Section 8. Judicial Council . Budget Unit: Judicial Council $ 640,621 Council Operations $ 552,486 Payments to Judicial Administrative Districts for Case Counting $ 67,100 Board of Court Reporting $ 21,035 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 104,325 PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 48,471,995 Administrative Services Budget: Personal Services $ 31,010,663 Regular Operating Expenses $ 7,214,022 Travel $ 186,613 Motor Vehicle Equipment Purchases $ 378,330 Publications and Printing $ 291,901 Equipment Purchases $ 1,019,998 Computer Charges $ 7,457,828 Real Estate Rentals $ 2,819,982 Telecommunications $ 502,011 Per Diem, Fees and Contracts $ 511,381 Rents and Maintenance Expense $ 20,041,264 Utilities $ 32,700 Unemployment Compensation Reserve $ 11,552 State of Georgia General Obligation Debt Sinking Fund $ -0- Payments to DOAS Fiscal Administration $ 1,845,140 Direct Payments to Georgia Building Authority for Capital Outlay $ 3,134,032 Direct Payments to Georgia Building Authority for Authority Lease Rentals $ 855,968 Direct Payments to Georgia Building Authority for Operations $ 1,695,103 Telephone Billings $ 29,292,784 Materials for Resale $ 8,636,000 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 55,000 Georgia Golf Hall of Fame Operations $ 30,000 Unemployment Compensation Payments $ 2,650,000 Comprehensive General Liability Reserve Fund $ 5,000,000 Hazardous Materials Liability Reserve Fund $ 1,000,000 Total Funds Budgeted $ 126,281,072 State Funds Budgeted $ 48,471,995 Total Positions Budgeted 1,006 Authorized Motor Vehicles 300 Department of Administrative Services Functional Budgets Pos. Total Funds State Funds State Properties Commission 6 $ 328,502 $ 328,502 Departmental Administration 43 $ 7,577,255 $ 7,577,255 Treasury and Fiscal Administration 30 $ 17,326,280 $ 15,481,140 Central Supply Administration 27 $ 8,604,348 $ -0- Procurement Administration 52 $ 2,273,127 $ 2,273,127 General Services Administration 12 $ 512,821 $ -0- Space Management Administration 12 $ 442,971 $ 442,971 Data Processing Services 540 $ 45,501,134 $ 16,369,000 Motor Vehicle Services 23 $ 2,267,469 $ -0- Communication Services 122 $ 34,007,611 $ 6,000,000 Printing Services 60 $ 4,578,652 $ -0- Surplus Property Services 40 $ 1,316,424 $ -0- Mail and Courier Services 11 $ 369,977 $ -0- Risk Management Services 28 $ 1,174,501 $ -0- Undistributed 0 $ -0- $ -0- Total 1,006 $ 126,281,072 $ 48,471,995 B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 14,942,173 Regular Operating Expenses $ 3,418,461 Travel $ 4,000 Motor Vehicle Equipment Purchases $ 34,600 Publications and Printing $ 30,000 Equipment Purchases $ 1,094,860 Computer Charges $ 35,000 Real Estate Rentals $ 46,296 Telecommunications $ 84,679 Per Diem, Fees and Contracts $ 120,000 Capital Outlay $ 3,340,000 Authority Lease Rentals $ 855,968 Utilities $ 6,753,164 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 30,759,201 State Funds Budgeted $ -0- Total Positions Budgeted $ 542 Authorized Motor Vehicles $ 105 Section 11. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 28,659,215 State Operations Budget: Personal Services $ 23,576,567 Regular Operating Expenses $ 2,233,472 Travel $ 854,358 Motor Vehicle Equipment Purchases $ 276,313 Publications and Printing $ 604,546 Equipment Purchases $ 203,716 Computer Charges $ 170,000 Real Estate Rentals $ 601,167 Telecommunications $ 350,557 Per Diem, Fees and Contracts $ 287,910 Market Bulletin Postage $ 520,500 Payments to Athens and Tifton Veterinary Laboratories $ 1,940,209 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,313,370 Veterinary Fees $ 547,250 Indemnities $ 98,000 Bee Indemnities $ 80,000 Advertising Contract $ 95,000 Payments to Georgia Agrirama Development Authority for Operations $ 314,932 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 1,900,000 Capital Outlay $ 140,000 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Total Funds Budgeted $ 36,217,867 State Funds Budgeted $ 28,659,215 Total Positions Budgeted 912 Authorized Motor Vehicles 276 Department of Agriculture Functional Budgets Pos. Total Funds State Funds Plant Industry 120 $ 3,520,983 $ 3,147,695 Animal Industry 56 $ 5,874,022 $ 5,507,135 Marketing 44 $ 2,289,649 $ 2,281,649 General Field Forces 113 $ 2,899,192 $ 2,899,192 Internal Administration 58 $ 3,249,198 $ 3,141,797 Information and Education 8 $ 1,209,847 $ 1,209,847 Fuel and Measures 71 $ 2,042,837 $ 2,037,837 Consumer Protection Field Forces 155 $ 5,077,174 $ 4,112,424 Meat Inspection 122 $ 3,600,113 $ 1,452,943 Major Markets 106 $ 4,541,341 $ 1,387,674 Seed Technology 8 $ 276,489 $ 25,000 Entymology and Pesticides 51 $ 1,637,022 $ 1,456,022 Undistributed 0 $ -0- $ -0- Total 912 $ 36,217,867 $ 28,659,215 B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 423,733 Regular Operating Expenses $ 115,715 Travel $ 7,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 14,064 Equipment Purchases $ 7,175 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 27,270 Capital Outlay $ 137,000 Goods for Resale $ 73,500 Total Funds Budgeted $ 813,457 State Funds Budgeted $ -0- Total Positions Budgeted 28 Authorized Motor Vehicles 8 Section 12. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 4,494,594 Administration and Examination Budget: Personal Services $ 3,542,759 Regular Operating Expenses $ 175,404 Travel $ 277,043 Motor Vehicle Equipment Purchases $ 135,302 Publications and Printing $ 14,300 Equipment Purchases $ 14,926 Computer Charges $ 136,827 Real Estate Rentals $ 151,130 Telecommunications $ 44,903 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 4,494,594 State Funds Budgeted $ 4,494,594 Total Positions Budgeted 104 Authorized Motor Vehicles 30 Section 13. Department of Community Affairs . A. Budget Unit: Department of Community Affairs $ 6,344,103 State Operations Budget: Personal Services $ 4,036,325 Regular Operating Expenses $ 135,040 Travel $ 187,900 Motor Vehicle Equipment Purchases $ 24,000 Publications and Printing $ 70,025 Equipment Purchases $ 7,072 Computer Charges $ 21,000 Real Estate Rentals $ 205,692 Telecommunications $ 84,900 Per Diem, Fees and Contracts $ 84,430 Capital Felony Expenses $ -0- Contracts with Area Planning and Development Commissions $ 1,282,500 Local Assistance Grants $ 992,400 Appalachian Regional Commission Assessment $ 83,320 Community Development Block Grants (Federal) $ 35,900,000 Juvenile Justice Grants (Federal) $ 1,000,000 Grant - Richmond County $ -0- Economic Development Grants $ 150,000 Payment to Georgia Development Authority $ 380,000 Technical Assistance to S.D.A. $ -0- Total Funds Budgeted $ 44,644,604 State Funds Budgeted $ 6,344,103 Total Positions Budgeted 109 Authorized Motor Vehicles 7

Page 56

Department of Community Affairs Functional Budgets Pos. Total Funds State Funds Executive and Administrative 18 $ 3,456,831 $ 3,401,331 Technical Assistance 29 $ 2,244,693 $ 1,049,994 Community and Economic Development 41 $ 37,842,419 $ 1,136,394 Intergovernmental Assistance 18 $ 960,648 $ 756,384 Job Training Partnership Act 3 $ 140,013 $ -0- Undistributed 0 $ -0- $ -0- Total 109 $ 44,644,604 $ 6,344,103 B. Budget Unit: Authorities $ -0- Operations Budget: Personal Services $ 2,530,628 Regular Operating Expenses $ 332,004 Travel $ 79,379 Motor Vehicle Equipment Purchases $ 84,842 Publications and Printing $ 64,121 Equipment Purchases $ 76,302 Computer Charges $ 40,865 Real Estate Rentals $ 164,062 Telecommunications $ 74,253 Per Diem, Fees and Contracts $ 163,555 Rental Assistance Payments $ 11,500,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 15,610,011 State Funds Budgeted $ -0- Total Positions Budgeted 87 Authorized Motor Vehicles 37

Page 57

Authorities Functional Budgets Pos. Total Funds State Funds Georgia Residential Finance Authority 81 $ 15,230,011 $ -0- Georgia Development Authority 6 $ 380,000 $ -0- Undistributed 0 $ -0- $ -0- Total 87 $ 15,610,011 $ -0- Section 14. Department of Corrections . A. Budget Unit: Departmental Operations $ 26,260,636 Departmental Operations Budget: Personal Services $ 10,267,004 Regular Operating Expenses $ 770,408 Travel $ 379,626 Motor Vehicle Equipment Purchases $ 846,471 Publications and Printing $ 62,400 Equipment Purchases $ 200,096 Computer Charges $ 1,513,485 Real Estate Rentals $ 1,106,277 Telecommunications $ 312,878 Per Diem, Fees and Contracts $ 1,026,529 Utilities $ 50,000 County Subsidy $ 7,492,000 County Subsidy for Jails $ 493,092 Court Costs $ 353,000 Central Repair Fund $ 564,800 Grants for County Workcamp Construction $ 600,000 Local Jail Equipment Grants $ -0- Grants for Local Jails $ 500,000 Payments to Georgia Correctional Industries $ 391,700 Total Funds Budgeted $ 26,929,766 Indirect DOAS Funding $ 450,000 State Funds Budgeted $ 26,260,636 Total Positions Budgeted $ 338 Authorized Motor Vehicles $ 92 Departmental Operations Functional Budgets Pos. Total Funds State Funds General Administration and Support 188 $ 11,315,056 $ 10,865,056 Adult Facilities and Programs 121 $ 14,071,865 $ 13,852,735 Training and Staff Development 29 $ 1,542,845 $ 1,542,845 Undistributed 0 $ -0- $ -0- Total 338 $ 26,929,766 $ 26,260,636 B. Budget Unit: Correctional Institutions, Transitional Centers and Support $ 154,073,588 Institutional Operations Budget: Personal Services $ 104,745,416 Regular Operating Expenses $ 19,546,515 Travel $ 92,817 Motor Vehicle Equipment Purchases $ 1,508,800 Publications and Printing $ 88,000 Equipment Purchases $ 3,156,334 Computer Charges $ -0- Real Estate Rentals $ 294,430 Telecommunications $ 961,823 Per Diem, Fees and Contracts $ 231,079 Utilities $ 7,066,100 Payments to Central State Hospital for Meals $ 2,430,900 Payments to Central State Hospital for Utilities $ 1,224,000 Payments to Public Safety for Meals $ 70,434 Inmate Release Funds $ 880,000 Health Service Purchases $ 10,946,930 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 42,909 University of Georgia - Cooperative Extension Service Contracts $ 217,000 Minor Construction Fund $ 860,101 Authority Lease Rentals $ 440,000 Capital Outlay $ 874,000 Total Funds Budgeted $ 155,677,588 State Funds Budgeted $ 154,073,588 Total Positions Budgeted $ 4,860 Authorized Motor Vehicles 389 Correctional Institutions, Transitional Centers, and Support Functional Budgets Pos. Total Funds State Funds Georgia Training and Development Center 70 $ 1,973,572 $ 1,973,572 Georgia Industrial Institute 296 $ 7,768,403 $ 7,768,403 Alto Education and Evaluation Center 39 $ 1,438,659 $ 1,438,659 Georgia Diagnostic and Classification Center 360 $ 8,644,692 $ 8,644,692 Georgia State Prison 717 $ 17,318,617 $ 17,318,617 Consolidated Branches 525 $ 13,734,480 $ 13,644,440 Middle Georgia Correctional Institution 818 $ 19,569,308 $ 19,569,308 Jack T. Rutledge Correctional Institution 148 $ 3,891,742 $ 3,891,742 Central Correctional Institution 138 $ 3,425,090 $ 3,425,090 Metro Correctional Institution 183 $ 4,367,715 $ 4,367,715 Coastal Correctional Institution 179 $ 4,383,393 $ 4,324,893 Central Funds 7 $ 11,823,999 $ 11,823,999 D.O.T. Work Details 32 $ 678,428 $ -0- Food Processing and Distribution 210 $ 12,432,132 $ 11,784,100 Farm Operations 39 $ 5,462,814 $ 5,437,814 Dodge Correctional Institution 143 $ 3,346,249 $ 3,346,249 Transitional Centers 117 $ 3,487,679 $ 3,487,679 Augusta Correctional and Medical Institution 255 $ 5,774,632 $ 5,774,632 Health Care 298 $ 19,913,503 $ 19,913,503 Richard H. Rogers Correctional Institution 145 $ 3,577,227 $ 3,577,227 Forsyth Correctional Institution 141 $ 2,561,254 $ 2,561,254 Federal Grants 0 $ 104,000 $ -0- Undistributed 0 $ -0- $ -0- Total 4,860 $ 155,677,588 $ 154,073,588

Page 61

C. Budget Unit: Board of Pardons and Paroles $ 13,859,707 Board of Pardons and Paroles Budget: Personal Services $ 11,163,650 Regular Operating Expenses $ 470,061 Travel $ 433,482 Motor Vehicle Equipment Purchases $ 50,000 Publications and Printing $ 41,774 Equipment Purchases $ 118,050 Computer Charges $ 174,214 Real Estate Rentals $ 770,219 Telecommunications $ 335,510 Per Diem, Fees and Contracts $ 64,460 County Jail Subsidy $ 248,425 Total Funds Budgeted $ 13,869,845 State Funds Budgeted $ 13,859,707 Total Positions Budgeted 470 Authorized Motor Vehicles 31 D. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 2,272,330 Regular Operating Expenses $ 894,000 Travel $ 61,000 Motor Vehicle Equipment Purchases $ 187,000 Publications and Printing $ 9,500 Equipment Purchases $ 396,000 Computer Charges $ 1,900 Real Estate Rentals $ 95,000 Telecommunications $ 68,500 Per Diem, Fees and Contracts $ 344,300 Cost of Sales $ 6,245,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ 391,700 Total Funds Budgeted $ 11,050,230 State Funds Budgeted $ -0- Total Positions Budgeted 83 Authorized Motor Vehicles 19 E. Budget Unit: Division of Probations $ 30,948,726 Operations Budget: Personal Services $ 30,584,483 Regular Operating Expenses $ 898,670 Travel $ 530,204 Motor Vehicle Equipment Purchases $ 19,000 Publications and Printing $ 90,950 Equipment Purchases $ 326,738 Computer Charges $ -0- Real Estate Rentals $ 881,061 Telecommunications $ 452,350 Utilities $ 307,002 Per Diem, Fees and Contracts $ 12,000 Capital Outlay $ 200,800 Total Funds Budgeted $ 34,303,258 State Funds Budgeted $ 30,948,726 Total Positions Budgeted 1,307 Authorized Motor Vehicles 122 Division of Probations Functional Budgets Pos. Total Funds State Funds Probation Administration 24 $ 750,485 $ 620,485 Probation Field Operations 1,071 $ 27,461,887 $ 25,027,355 Diversion Centers 212 $ 6,090,886 $ 5,300,886 Undistributed 0 $ -0- $ -0- Total 1,307 $ 34,303,258 $ 30,948,726 Section 15. Department of Defense . Budget Unit: Department of Defense $ 4,055,859 Operations Budget: Personal Services $ 5,797,865 Regular Operating Expenses $ 1,715,422 Travel $ 61,820 Motor Vehicle Equipment Purchases $ 16,800 Publications and Printing $ 35,167 Equipment Purchases $ 249,942 Computer Charges $ 32,802 Real Estate Rentals $ 6,160 Telecommunications $ 78,058 Per Diem, Fees and Contracts $ 652,351 Utilities $ 1,543,065 Grants to Locals - EMA (PA) M/S $ 1,160,025 Grants - Others $ 337,782 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 14,026 Grants to Armories $ 477,500 Repairs and Renovations $ 302,563 Total Funds Budgeted $ 12,541,348 State Funds Budgeted $ 4,055,859 Total Positions Budgeted 228 Authorized Motor Vehicles 20 Department of Defense Functional Budgets Pos. Total Funds State Funds Office of the Adjutant General 22 $ 2,099,654 $ 869,623 Georgia Emergency Management Agency 39 $ 2,310,442 $ 814,287 Georgia Air National Guard 74 $ 2,762,104 $ 362,398 Georgia Army National Guard 93 $ 5,369,148 $ 2,009,551 Undistributed 0 $ -0- $ -0- Total 228 $ 12,541,348 $ 4,055,859 Section 16. State Board of Education - Department of Education . A. Budget Unit: Department of Education $1,868,482,466 Operations: Personal Services $ 31,173,921 Regular Operating Expenses $ 3,191,938 Travel $ 983,646 Motor Vehicle Equipment Purchases $ 8,468 Publications and Printing $ 621,578 Equipment Purchases $ 329,582 Computer Charges $ 2,826,697 Real Estate Rentals $ 1,974,488 Telecommunications $ 641,528 Per Diem, Fees and Contracts $ 9,734,443 Utilities $ 1,061,250 Capital Outlay $ 20,000 APEG Grants: Salaries of Instructional Personnel Code Section 20-2-157(a) $ 782,051,516 Salaries of Instructional Personnel Code Section 20-2-152 $ 132,387,138 Salaries of Instructional Personnel Code Section 20-2-153 $ 60,914,105 Salaries of Student Supportive Personnel $ 33,938,912 Salaries of Administrative and Supervisory Personnel $ 87,736,245 Special Education Leadership Personnel $ 4,052,242 Instructional Media $ 21,460,056 Instructional Equipment $ 717,192 Maintenance and Operation $ 106,576,904 Sick and Personal Leave $ 5,960,846 Travel $ 1,051,882 Pupil Transportation $ 90,004,476 Isolated Schools $ 673,600 Non-APEG Grants: Education of Children of Low-Income Families $ 78,364,380 Teacher Retirement $ 156,776,992 Instructional Services for the Handicapped $ 22,688,125 Preparation of Professional Personnel in Education of Handicapped Children $ -0- Tuition for the Multihandicapped $ 1,472,504 Severely Emotionally Disturbed $ 20,196,850 Compensatory Education $ 18,601,401 School Lunch (Fed.) $ 110,667,400 School Lunch (State) $ 19,551,543 Innovative Programs $ 288,000 Staff Development $ 800,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 4,896,326 Cooperative Educational Service Areas $ 4,905,626 Superintendents Salaries $ 6,207,277 High School Program $ 34,684,229 Education Technology Grants $ 1,000,000 Governor's Scholarship $ 250,000 Special Projects $ 609,700 Job Training and Partnership Act $ 7,000,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 3,274,741 Salaries and Travel of Public Librarians $ 6,228,412 Public Library Materials $ 3,839,970 Talking Book Centers $ 674,405 Public Library M O $ 2,985,849 Public Library Construction $ -0- Instructional Aides $ 20,872,920 Teacher Health Insurance $ 48,200,227 Health Insurance - Non Certificated Personnel $ 21,624,000 Teacher Health Insurance - Retired Teachers $ 7,807,000 Transition Program For Refugee Children $ 206,771 Grants to Local School Systems for Educational Purposes $ 78,000,000 Title III - Math/Science Grants $ 1,097,617 Local School Systems Computer Equipment $ 10,730,000 Salaries of Extended Pre-School Personnel $ -0- Local School Construction $ 41,475,840 Child Care Lunch Program (Federal) $ 13,500,000 Local School Construction (Asbestos) $ -0- Chapter II - Block Grant Flow Through $ 8,702,656 Total Funds Budgeted $2,138,639,954 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $1,868,482,466 Total Positions Authorized 1,113 Authorized Motor Vehicles 56 Education Functional Budgets Pos. Total Funds State Funds Instructional Services 159 $ 6,967,886 $ 4,138,973 Governor's Honors Program 2 $ 806,807 $ 791,807 Vocational Education 73 $ 4,296,685 $ 2,303,688 Public Library Services 42 $ 1,721,341 $ 778,574 State Administration 47 $ 6,041,298 $ 4,592,677 Administrative Services 202 $ 8,630,737 $ 5,334,051 Planning and Development 103 $ 9,676,174 $ 8,842,392 Professional Standards Commission 3 $ 177,750 $ 177,750 Vocational Advisory Council 2 $ 200,000 $ -0- Professional Practices Commission 7 $ 448,479 $ 448,479 Georgia Academy for the Blind 147 $ 3,586,126 $ 3,278,015 Georgia School for the Deaf 223 $ 6,644,501 $ 6,293,974 Atlanta Area School for the Deaf 103 $ 3,369,755 $ 3,104,070 Local Programs 0 $2,086,072,415 $1,828,398,016 Undistributed 0 $ -0- $ -0- Total 1,113 $2,138,639,954 $1,868,482,466 B. Budget Unit: Board of Postsecondary Vocational Education $ 74,636,618 Board of Postsecondary Vocational Education Budget: Personal Services $ 7,067,082 Regular Operating Expenses $ 1,376,718 Travel $ 108,699 Motor Vehicle Equipment Purchases $ 38,500 Publications and Printing $ 40,062 Equipment Purchases $ 884,689 Computer Charges $ 140,708 Real Estate Rentals $ 150,328 Telecommunications $ 81,432 Per Diem, Fees and Contracts $ 767,175 Utilities $ 913,500 Area School Construction $ 1,095,300 Area-School Program $ 68,212,873 Junior College Program $ 2,451,521 Quick Start $ 3,275,500 Capital Outlay $ 40,200 Total Funds Budgeted $ 86,644,287 State Funds Budgeted $ 74,636,618 Total Positions Budgeted 246 Board of Post Secondary Functional Budgets Pos. Total Funds State Funds State Operations 46 $ 77,911,345 $ 67,915,097 North Georgia Vocational-Technical School 107 $ 4,728,654 $ 3,552,704 South Georgia Vocational-Technical School 93 $ 4,004,288 $ 3,168,817 Undistributed $ -0- $ -0- $ -0- Total 246 $ 86,644,287 $ 74,636,618 Section 17. Employees' Retirement System . Budget Unit: Employees' Retirement System $ -0- Employees' Retirement System Budget: Personal Services $ 678,232 Regular Operating Expenses $ 11,675 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,150 Equipment Purchases $ 3,100 Computer Charges $ 155,119 Real Estate Rentals $ 74,046 Telecommunications $ 11,779 Per Diem, Fees and Contracts $ 538,500 Postage $ 65,000 Benefits to Retirees $ -0- Employer Contribution $ -0- Total Funds Budgeted $ 1,566,101 State Funds Budgeted $ -0- Total Positions Budgeted 27 Authorized Motor Vehicles 1 Section 18. Forestry Commission . Budget Unit: Forestry Commission $ 29,327,452 State Operations Budget: Personal Services $ 21,790,319 Regular Operating Expenses $ 5,573,378 Travel $ 130,113 Motor Vehicle Equipment Purchases $ 1,784,351 Publications and Printing $ 86,559 Equipment Purchases $ 2,472,223 Computer Charges $ 63,738 Real Estate Rentals $ 18,211 Telecommunications $ 575,055 Per Diem, Fees and Contracts $ 160,871 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant $ 90,000 Wood Energy Program $ 93,582 Capital Outlay $ 300,000 Total Funds Budgeted $ 33,688,400 State Funds Budgeted $ 29,327,452 Total Positions Budgeted 880 Authorized Motor Vehicles 763

Page 70

Forestry Commission Functional Budgets Pos. Total Funds State Funds Reforestation 55 $ 3,723,075 $ 1,567,175 Field Services 794 $ 28,011,443 $ 25,814,395 Wood Energy 1 $ 93,582 $ 93,582 General Administration and Support 30 $ 1,860,300 $ 1,852,300 Undistributed 0 $ -0- $ -0- Total 880 $ 33,688,400 $ 29,327,452 Section 19. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 25,420,415 Operations Budget: Personal Services $ 16,779,062 Regular Operating Expenses $ 1,665,906 Travel $ 525,000 Motor Vehicle Equipment Purchases $ 1,050,000 Publications and Printing $ 90,785 Equipment Purchases $ 838,370 Computer Charges $ 2,510,363 Real Estate Rentals $ 1,446,807 Telecommunications $ 1,219,524 Per Diem, Fees and Contracts $ 30,710 Evidence Purchased $ 380,000 Utilities $ 89,966 Postage $ 69,190 Capital Outlay $ 124,732 Total Funds Budgeted $ 26,820,415 Indirect DOAS Funding $ 1,400,000 Total State Funds Budgeted $ 25,420,415 Total Positions Budgeted 507 Authorized Motor Vehicles 320

Page 71

Georgia Bureau of Investigation Functional Budgets Pos. Total Funds State Funds Administration 23 $ 2,507,769 $ 2,507,769 Drug Enforcement 82 $ 4,930,203 $ 4,930,203 Investigative 206 $ 9,126,631 $ 9,126,631 Forensic Sciences 93 $ 4,218,601 $ 4,218,601 Georgia Crime Information Center 103 $ 6,037,211 $ 4,637,211 Undistributed 0 $ -0- $ -0- Total 507 $ 26,820,415 $ 25,420,415 Section 20. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 905,224 Regular Operating Expenses $ 29,275 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 2,325 Computer Charges $ 13,238 Real Estate Rentals $ 86,130 Telecommunications $ 11,100 Per Diem, Fees and Contracts $ 110,000 Total Funds Budgeted $ 1,167,492 Total Expenditures Authorized $ 1,167,492 State Funds Budgeted $ -0- Total Positions Budgeted 21

Page 72

Section 21. Office of the Governor . A. Budget Unit: Governor's Office $ 5,850,981 1. Governor's Office Budget: Cost of Operations $ 2,253,561 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,862,474 Intern Stipends and Travel $ 130,000 Total Funds Budgeted $ 5,286,035 State Funds Budgeted $ 5,286,035 2. Office of Fair Employment Practices Budget: Personal Services $ 472,801 Regular Operating Expenses $ 10,115 Travel $ 10,815 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,825 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 56,900 Telecommunications $ 11,740 Per Diem, Fees and Contracts $ 59,750 Total Funds Budgeted $ 624,946 State Funds Budgeted $ 564,946 Total Positions Budgeted $ 15 Budget Unit Object Classes : Cost of Operations $ 2,253,561 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,862,474 Intern Stipends and Travel $ 130,000 Personal Services $ 472,801 Regular Operating Expenses $ 10,115 Travel $ 10,815 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 2,825 Equipment Purchases $ -0- Computer Charges $ -0- Real Estate Rentals $ 56,900 Telecommunications $ 11,740 Per Diem, Fees and Contracts $ 59,750 Total Positions Budgeted 15 Authorized Motor Vehicles 0 B. Budget Unit: Office of Planning and Budget $ 3,668,539 Office of Planning and Budget Budget: Personal Services $ 3,105,917 Regular Operating Expenses $ 93,205 Travel $ 68,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 35,360 Equipment Purchases $ 5,000 Computer Charges $ 135,500 Real Estate Rentals $ 190,840 Telecommunications $ 55,000 Per Diem, Fees and Contracts $ 218,500 Total Funds Budgeted $ 3,907,322 State Funds Budgeted $ 3,668,539 Total Positions Budgeted 74 Authorized Motor Vehicles 0 C. Budget Unit: Units Attached for Administrative Purposes Only $ 4,986,720 Attached Units Budget: Personal Services $ 2,936,006 Regular Operating Expenses $ 129,660 Travel $ 90,834 Motor Vehicle Equipment Purchases $ 2,500 Publications and Printing $ 116,738 Equipment Purchases $ 16,370 Computer Charges $ 45,846 Real Estate Rentals $ 250,035 Telecommunications $ 143,585 Per Diem, Fees and Contracts $ 5,617,448 Art Grants - State Funds $ 1,809,971 Art Grants - Federal Funds $ 438,045 Art Grants - Donations $ 42,000 Total Funds Budgeted $ 11,639,038 State Funds Budgeted $ 4,986,720 Total Positions Budgeted 93 Authorized Motor Vehicles 0

Page 74

Attached Units Functional Budgets Pos. Total Funds State Funds Council for the Arts 13 $ 2,772,011 $ 2,200,588 Office of Consumer Affairs 45 $ 1,822,429 $ 1,629,429 State Energy Office 17 $ 6,159,355 $ 271,460 Governor's Committee on Post-Secondary Education 3 $ 152,292 $ 152,292 Consumers' Utility Counsel 9 $ 418,894 $ 418,894 Criminal Justice Coordinating Council 6 $ 314,057 $ 314,057 Undistributed 0 $ -0- $ -0- Total 93 $ 11,639,038 $ 4,986,720 Section 22. Grants to Counties and Municipalities . Budget Unit: Grants to Counties and Municipalities $ 6,800,000 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 6,800,000 State Funds Budgeted $ 6,800,000 Section 23. Department of Human Resources . A. Budget Unit: Departmental Operations $ 308,766,537 1. General Administration and Support Budget: Personal Services $ 30,208,228 Regular Operating Expenses $ 1,243,555 Travel $ 908,137 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 190,780 Equipment Purchases $ 204,530 Computer Charges $ 2,492,978 Real Estate Rentals $ 3,581,614 Telecommunications $ 621,701 Per Diem, Fees and Contracts $ 9,893,231 Utilities $ 180,100 Postage $ 663,580 Capital Outlay $ 70,000 Menninger Group Homes $ 387,000 Benefits for Child Care $ 1,349,160 Contract - Georgia Advocacy Office, Inc. $ 215,000 Total Funds Budgeted $ 52,209,594 Indirect DOAS Services Funding $ 638,300 Indirect GBA Funding $ -0- Agency Funds $ 26,955,849 Social Services Block Grant Funds $ 1,655,800 State Funds Budgeted $ 22,959,645 Total Positions Budgeted 982 Authorized Motor Vehicles 7 General Administration and Support Functional Budgets Pos. Total Funds State Funds Commissioner's Office 14 $ 698,574 $ 698,574 Administrative Appeals 25 $ 923,207 $ 923,207 Administrative Policy, Coordination, and Direction 5 $ 244,535 $ 244,535 Personnel 47 $ 5,451,771 $ 5,388,593 Support Services 59 $ 2,594,138 $ 2,327,866 Indirect Cost 0 $ -0- $ (5,405,300) Facilities Management 11 $ 4,008,002 $ 2,868,555 Public Affairs 12 $ 381,328 $ 381,328 Community/Intergovernmental Affairs 9 $ 433,569 $ 433,569 Budget Administration 41 $ 1,448,486 $ 1,448,486 Accounting Services 148 $ 4,162,926 $ 3,962,926 Auditing Services 47 $ 1,620,838 $ 1,620,838 Special Projects 0 $ 284,600 $ 284,600 Children and Youth Planning 4 $ 184,046 $ 184,046 Troubled Children Benefits 0 $ 1,736,160 $ 1,736,160 Developmental Disabilities 7 $ 249,049 $ -0- Council on Maternal and Infant Health 3 $ 110,448 $ 110,448 Council on Family Planning 0 $ 13,500 $ 1,350 Community Services 9 $ 9,214,493 $ -0- Regulatory Services - Program Direction and Support 19 $ 653,272 $ 579,296 Child Care Licensing 58 $ 1,771,162 $ 1,754,719 Laboratory Improvement 18 $ 649,279 $ 475,873 Health Care Facilities Regulation 63 $ 2,309,531 $ 603,582 Compliance Monitoring 9 $ 311,235 $ 311,235 Radiological Health 21 $ 626,164 $ 465,999 Fraud and Abuse 52 $ 2,640,916 $ 245,513 Child Support Recovery 301 $ 9,488,365 $ 1,313,647 Undistributed 0 $ -0- $ -0- Total 982 $ 52,209,594 $ 22,959,645 2. Public Health Budget: Personal Services $ 32,114,570 Regular Operating Expenses $ 44,782,596 Travel $ 1,002,068 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 298,575 Equipment Purchases $ 190,398 Computer Charges $ 391,200 Real Estate Rentals $ 605,449 Telecommunications $ 563,863 Per Diem, Fees and Contracts $ 14,192,798 Utilities $ -0- Postage $ 86,375 Crippled Children Clinics $ 517,572 Grants for Regional Intensive Infant Care $ 4,002,400 Grants for Regional Maternal and Infant Care $ 1,767,000 Midwifery Program Benefits $ 800,000 Crippled Children Benefits $ 4,585,688 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,253,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 250,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,193,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract with Emory University for Cancer Research $ 117,000 Contract with Auditory Educational Clinic $ 89,000 Grant-In-Aid to Counties $ 43,979,754 Contract with Emory University for Arthritis Research $ 215,000 Contract for Scoliosis Screening $ 115,000 Family Planning Benefits $ 301,530 Grants to Counties for Teenage Pregnancy Prevention $ 257,500 Grant to Counties for Metabolic Disorders Screening and Treatment $ 45,000 Contract - Macon-Bibb County Hospital Authority $ 4,000,000 Total Funds Budgeted $ 162,273,336 Indirect DOAS Services Funding $ 549,718 Agency Funds $ 73,811,674 State Funds Budgeted $ 87,911,944 Total Positions Budgeted 1,105 Authorized Motor Vehicles 6 Public Health Functional Budgets Pos. Total Funds State Funds Director's Office 8 $ 665,328 $ 468,103 Employee's Health 8 $ 295,547 $ 260,547 Health Program Management 29 $ 873,254 $ 788,254 Vital Records 62 $ 1,386,175 $ 1,323,892 Health Services Research 12 $ 559,532 $ 336,714 Primary Health Care 15 $ 620,148 $ 620,148 Stroke and Heart Attack Prevention 23 $ 1,640,611 $ 1,110,611 Epidemiology 19 $ 1,157,819 $ 581,043 Immunization 10 $ 412,514 $ -0- Sexually Transmitted Diseases 33 $ 1,438,920 $ 369,226 Community Tuberculosis Center 26 $ 1,267,367 $ 1,145,037 Family Health Management 22 $ 7,107,569 $ 1,928,505 Infant and Child Health 15 $ 6,609,936 $ 6,480,421 Maternal Health - Perinatal 4 $ 224,948 $ -0- Family Planning 180 $ 8,225,740 $ 3,311,589 Malnutrition 34 $ 48,813,625 $ -0- Dental Health 21 $ 1,414,371 1,204,196 Children's Medical Services 84 $ 8,197,829 $ 5,425,214 Chronic Disease 14 $ 1,335,260 $ 1,335,260 Diabetes 4 $ 455,502 $ 361,671 Cancer Control 8 $ 3,105,780 $ 3,105,780 Environmental Health 9 $ 903,496 $ 364,724 Laboratory Services 118 $ 3,857,118 $ 3,722,118 Emergency Health 22 $ 2,301,967 $ 1,241,467 Minimum Foundation 191 $ 8,237,708 $ 8,108,033 Newborn Follow Up Care 22 $ 648,279 $ 465,329 Sickle Cell, Vision and Hearing 15 $ 1,063,797 $ 1,063,797 High-Risk Pregnant Women and Infants 19 $ 5,460,755 $ 5,460,755 Grant in Aid to Counties 0 $ 40,391,279 $ 35,493,324 Teenage Pregnancy Prevention 0 $ 257,500 $ 257,500 Community Health Management 8 $ 1,272,658 $ 716,112 Community Care 70 $ 2,071,004 $ 862,574 Undistributed 0 $ -0- $ -0- Total 1,105 $ 162,273,336 $ 87,911,944 3. Mental Health - Program Direction and Support Budget: Personal Services $ 4,598,054 Regular Operating Expenses $ 118,525 Travel $ 124,450 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 61,300 Equipment Purchases $ 8,500 Computer Charges $ 1,372,193 Real Estate Rentals $ -0- Telecommunications $ 249,000 Per Diem, Fees and Contracts $ 210,150 Utilities $ -0- Postage $ 750 Contract with Housing Alternatives $ 70,000 Total Funds Budgeted $ 6,812,922 Social Services Block Grant Funds $ 15,000 Indirect DOAS Services Funding $ 779,100 Agency Funds $ 462,316 State Funds Budgeted $ 5,556,506 Total Positions Budgeted 127 Mental Health - Program Direction and Support Functional Budgets Pos. Total Funds State Funds Administration 126 $ 6,770,196 $ 5,809,320 Indirect Cost 0 $ -0- $ (295,540) MH/MR Advisory Council 1 $ 42,726 $ 42,726 Undistributed 0 $ -0- $ -0- Total 127 $ 6,812,922 $ 5,556,506 4. Youth Services - Program Direction and Support: Personal Services $ 1,411,545 Regular Operating Expenses $ 31,682 Travel $ 30,650 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 6,200 Equipment Purchases $ 4,190 Computer Charges $ 75,000 Real Estate Rentals $ -0- Telecommunications $ 37,860 Per Diem, Fees and Contracts $ 3,500 Utilities $ -0- Postage $ -0- Benefits for Child Care $ -0- Total Funds Budgeted $ 1,600,627 Indirect DOAS Services Funding $ -0- Agency Funds $ -0- State Funds Budgeted $ 1,600,627 Total Positions Budgeted 40 Authorized Motor Vehicles 0 5. Services to the Aged Budget: Personal Services $ 1,973,651 Regular Operating Expenses $ 46,980 Travel $ 56,300 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 27,000 Equipment Purchases $ 2,860 Computer Charges $ 210,000 Real Estate Rentals $ 3,600 Telecommunications $ 52,641 Per Diem, Fees and Contracts $ 23,239,428 Utilities $ -0- Payments to DMA $ 4,782,801 Postage $ 920 Total Funds Budgeted $ 30,396,181 Social Services Block Grant Funds $ 2,998,100 Agency Funds $ 18,319,711 State Funds Budgeted $ 9,078,370 Total Positions Budgeted 64 Authorized Motor Vehicles 224 Services to the Aged Functional Budgets Pos. Total Funds State Funds Administration and Planning $ 64 $ 2,837,737 $ 1,563,817 Aging Services 0 $ 22,775,643 $ 2,731,752 Alternative Health Services 0 $ 4,782,801 $ 4,782,801 Undistributed 0 $ -0- $ -0- Total 64 $ 30,396,181 $ 9,078,370 6. Rehabilitation Services Budget: Personal Services $ 24,145,180 Regular Operating Expenses $ 1,179,992 Travel $ 615,090 Motor Vehicle Equipment Purchases $ 65,736 Publications and Printing $ 85,310 Equipment Purchases $ 414,153 Computer Charges $ 926,350 Real Estate Rentals $ 1,006,495 Telecommunications $ 595,189 Per Diem, Fees and Contracts $ 1,431,675 Utilities $ 303,250 Capital Outlay $ 175,000 Postage $ 92,050 Institutional Repairs and Maintenance $ 349,900 Grants for Nephrology Centers $ 245,000 Contract with Vocational Rehabilitation Community Facilities $ 4,429,000 Contract for Epilepsy $ 67,000 Case Services $ 9,487,500 E.S.R.P. Case Services $ 50,000 Contract with the Affirmative Industries $ 110,000 Contract with RCW Industries, Inc. $ 146,000 Total Funds Budgeted $ 45,919,870 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 32,039,665 State Funds Budgeted $ 13,830,205 Total Positions Budgeted 809 Authorized Motor Vehicles 24 Rehabilitation Services Functional Budgets Pos. Total Funds State Funds Program Direction and Support 50 $ 2,901,225 $ 1,237,014 Grants Management 2 $ 561,381 $ 464,377 Atlanta Rehabilitation Center 71 $ 2,318,039 $ 467,033 Rehabilitation Center for the Deaf - Cave Spring 17 $ 578,308 $ 116,289 Central Rehabilitation Center 18 $ 600,717 $ 120,143 Georgia Vocational Adjustment Center - Gracewood 17 $ 416,752 $ 83,350 Ireland Rehabilitation Center 13 $ 380,128 $ 76,590 Rome Rehabilitation Center 6 $ 330,612 $ 66,420 J. F. Kennedy Center 15 $ 407,750 $ 81,310 Production Workshop 1 $ 1,055,031 $ -0- District Field Services 577 $ 30,489,380 $ 6,038,867 Independent Living 7 $ 297,592 $ 147,592 Sheltered Employment 15 $ 1,153,955 $ 502,220 Community Facilities 0 $ 4,091,500 $ 4,091,500 Bobby Dodd Workshop 0 $ 337,500 $ 337,500 Undistributed 0 $ -0- $ -0- Total 809 $ 45,919,870 $ 13,830,205 7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 10,501,964 Regular Operating Expenses $ 1,724,090 Travel $ 58,000 Motor Vehicle Equipment Purchases $ 13,500 Publications and Printing $ 15,000 Equipment Purchases $ 96,653 Computer Charges $ 178,940 Real Estate Rentals $ 10,800 Telecommunications $ 163,885 Per Diem, Fees and Contracts $ 1,453,000 Utilities $ 550,000 Postage $ 15,500 Case Services $ 25,000 Capital Outlay $ -0- Institutional Repairs and Maintenance $ 152,000 Total Funds Budgeted $ 14,958,332 Indirect DOAS Services Funding $ 50,000 Agency Funds $ 11,092,503 State Funds Budgeted $ 3,815,829 Total Positions Budgeted 434 Authorized Motor Vehicles 24 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Pos. Total Funds State Funds Administration 145 $ 5,783,970 $ 2,750,536 Rehabilitation Services 289 $ 9,174,362 $ 1,065,293 Undistributed 0 $ -0- $ -0- Total 434 $ 14,958,332 $ 3,815,829 8. Georgia Factory for the Blind Budget: Personal Services $ 4,122,884 Regular Operating Expenses $ 7,710,870 Travel $ 16,500 Motor Vehicle Equipment Purchases $ 82,000 Publications and Printing $ 8,500 Equipment Purchases $ 318,500 Computer Charges $ 66,900 Real Estate Rentals $ 61,500 Telecommunications $ 28,353 Per Diem, Fees and Contracts $ 44,200 Utilities $ 125,000 Postage $ 6,000 Capital Outlay $ -0- Total Funds Budgeted $ 12,591,207 Agency Funds $ 12,091,247 State Funds Budgeted $ 499,960 Total Positions Budgeted 30 Authorized Motor Vehicles 14 Georgia Factory for the Blind Functional Budgets Pos. Total Funds State Funds Operations 12 $ 12,090,518 $ -0- Supervision 18 $ 500,689 $ 499,960 Undistributed 0 $ -0- $ -0- Total 30 $ 12,591,207 $ 499,960 9. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 11,318,806 Regular Operating Expenses $ 362,878 Travel $ 78,098 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 43,991 Equipment Purchases $ 21,810 Computer Charges $ 419,605 Real Estate Rentals $ 660,927 Telecommunications $ 470,559 Per Diem, Fees and Contracts $ 1,035,076 Utilities $ -0- Postage $ 325,000 Case Services $ 10,998,200 Total Funds Budgeted $ 25,734,950 Agency Funds $ 25,734,950 State Funds Budgeted $ -0- Total Positions Budgeted 425 10. Family and Children Services Budget: Personal Services $ 11,156,152 Regular Operating Expenses $ 15,926,964 Travel $ 462,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 786,130 Equipment Purchases $ 12,160 Computer Charges $ 10,724,605 Real Estate Rentals $ 202,350 Per Diem, Fees and Contracts $ 31,546,163 Telecommunications $ 874,200 Utilities $ 8,200 Postage $ 942,385 AFDC Benefits $ 213,211,869 Grants to County DFACS - Operations $ 134,711,282 WIN Benefits $ 479,964 Benefits for Child Care $ 18,435,108 SSI - Supplement Benefits $ 1,500 Total Funds Budgeted $ 439,481,032 Agency Funds $ 239,388,934 Indirect DOAS Services Funding $ 2,339,882 Social Services Block Grant Funds $ 34,238,765 State Funds Budgeted $ 163,513,451 Total Positions Budgeted 359 Authorized Motor Vehicles 112 Family and Children Services Functional Budgets Pos. Total Funds State Funds Refugee Benefits 0 $ 979,000 $ -0- AFDC Payments 0 $ 213,211,869 $ 71,640,841 SSI - Supplement Benefits 0 $ 1,500 $ 1,500 Energy Benefits 0 $ 15,201,469 $ -0- County DFACS Operations - Social Services 0 $ 42,672,465 $ 19,893,916 County DFACS Operations - Eligibility 0 $ 56,311,796 $ 28,020,411 County DFACS Operations - Joint and Administration 0 $ 35,501,980 $ 17,171,483 Food Stamp Issuance 0 $ 2,312,000 $ -0- Grants to Fulton County for 24-hour Emergency Services 0 $ 225,041 $ 225,041 Director's Office 6 $ 506,701 $ 506,701 Administration and Management 118 $ 4,788,542 $ 3,459,665 District Administration 84 $ 3,214,766 $ 3,214,766 Program Planning, Development, and Training 75 $ 7,094,149 $ 3,678,989 Management Information Systems 50 $ 12,853,156 $ 5,181,635 Child Development Administration 26 $ 1,008,623 $ 1,008,623 Indirect Cost 0 $ -0- $ (7,204,467) Work Incentive Benefits 0 $ 4,399,242 $ 439,924 Legal Services 0 $ 658,000 $ 433,000 Family Foster Care 0 $ 14,618,592 $ 9,109,491 Institutional Foster Care 0 $ 2,070,886 $ 1,397,295 Specialized Foster Care 0 $ 324,725 $ 95,432 Adoption Supplement 0 $ 1,080,030 $ 1,047,705 Liability Insurance 0 $ 28,600 $ 28,600 Day Care 0 $ 19,342,100 $ 3,719,948 Psychiatric, Psychological and Speech Therapy 0 $ 130,000 $ 128,500 Maternity Care 0 $ 50,000 $ 50,000 Return of Runaways - County 0 $ 7,000 $ 7,000 Home Management - Contracts 0 $ 166,000 $ 37,816 Outreach - Contracts 0 $ 684,300 $ 181,136 Special Projects 0 $ 38,500 $ 38,500 Undistributed 0 $ -0- $ -0- Total 359 $ 439,481,032 $ 163,513,451 Budget Unit Object Classes : Personal Services $ 131,551,034 Regular Operating Expenses $ 73,128,132 Travel $ 3,351,293 Motor Vehicle Equipment Purchases $ 171,236 Publications and Printing $ 1,522,786 Equipment Purchases $ 1,273,754 Computer Charges $ 16,857,771 Real Estate Rentals $ 6,132,735 Telecommunications $ 3,657,251 Per Diem, Fees and Contracts $ 83,049,221 Utilities $ 1,166,550 Postage $ 2,132,560 Capital Outlay $ 245,000 Grants for Regional Intensive Infant Care $ 4,002,400 Grants for Regional Maternal and Infant Care $ 1,767,000 Crippled Children Benefits $ 4,585,688 Crippled Children Clinics $ 517,572 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,253,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,193,000 Family Planning Benefits $ 301,530 Benefits for Midwifery Program $ 800,000 Grant-In-Aid to Counties $ 43,979,754 Work Incentive Benefits $ 479,964 Benefits for Child Care $ 19,784,268 Grants for Nephrology Centers $ 245,000 Case Services $ 20,510,700 E.S.R.P. Case Services $ 50,000 SSI-Supplement Benefits $ 1,500 AFDC Benefits $ 213,211,869 Grants to County DFACS - Operations $ 134,711,282 Contract with Vocational Rehabilitation Community Facilities $ 4,429,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 250,000 Contract with the Affirmative Industries $ 110,000 Institutional Repairs and Maintenance $ 501,900 Contract with Emory University for Arthritis Research $ 215,000 Grant for Epilepsy Program $ 67,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract for Scoliosis Screening $ 115,000 Menninger Group Homes $ 387,000 Contract - Georgia Advocacy Office, Inc. $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 257,500 Contract - Cancer Research at Emory $ 117,000 Contract - Macon-Bibb County Hospital Authority $ 4,000,000 Contract with RCW Industries, Inc. $ 146,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 45,000 Payments to DMA $ 4,782,801 Contract with Housing Alternatives $ 70,000 Contract with Auditory Educational Clinic $ 89,000 Total Positions Budgeted 4,375 B. Budget Unit: State Health Planning and Development $ 667,606 State Health Planning and Development Budget: Personal Services $ 761,356 Regular Operating Expenses $ 46,200 Travel $ 5,500 Publications and Printing $ 2,500 Equipment Purchases $ 3,406 Computer Charges $ 44,000 Real Estate Rentals $ 86,851 Telecommunications $ 26,500 Per Diem, Fees and Contracts $ 102,764 Postage $ 7,600 Total Funds Budgeted $ 1,086,677 Indirect DOAS Services Funding $ -0- Agency Funds $ 419,071 State Funds Budgeted $ 667,606 Total Positions Budgeted 21 Authorized Motor Vehicles 0 C. Budget Unit: Community Mental Health Mental Retardation Youth Services and Institutions $ 347,132,642 Departmental Operations: Personal Services $ 275,313,870 Regular Operating Expenses $ 29,032,375 Travel $ 612,167 Motor Vehicle Equipment Purchases $ 641,255 Publications and Printing $ 69,907 Equipment Purchases $ 3,121,225 Computer Charges $ 2,559,352 Real Estate Rentals $ 510,260 Telecommunications $ 2,413,066 Per Diem, Fees and Contracts $ 10,748,622 Utilities $ 15,756,500 Postage $ 232,860 Capital Outlay $ 2,707,578 Authority Lease Rentals $ 2,679,000 Institutional Repairs and Maintenance $ 3,042,699 Grants to County-Owned Detention Centers $ 2,318,115 Reserve for Thomasville RYDC $ 2,367 Reserve for Claxton RYDC $ 2,368 Drug Abuse Contracts $ 1,015,960 Day Care Centers for the Mentally Retarded $ 58,237,826 MR Day Care Center Motor Vehicle Purchases $ 2,839,376 Supportive Living Staff $ 1,556,506 Supportive Living Benefits $ 7,347,923 Georgia State Foster Grandparent/Senior Companion Program $ 562,960 Community Mental Health Center Services $ 69,214,726 Project Rescue $ 325,390 Project ARC $ 243,600 Project Friendship $ 266,700 Group Homes for Autistic Children $ 232,123 Contract with Clayton County Board of Education for Autistic Children $ 68,000 Uniform Alcoholism Projects $ 2,245,899 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 3,646,719 Community Mental Retardation Residential Services $ 13,657,537 Lumpkin Area Individual Living, Inc. $ 32,346 Total Funds Budgeted $ 513,273,177 Agency Funds $ 136,793,606 Indirect DOAS Services Funding $ 1,625,000 Social Services Block Grant Funds $ 27,721,929 State Funds Budgeted $ 347,132,642 Total Positions Budgeted 12,756/12,740 Authorized Motor Vehicles 1,555 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Pos. Total Funds State Funds Southwestern State Hospital 1,099 $ 28,589,929 $ 18,211,647 Georgia Retardation Center 900 $ 25,208,501 $ 14,417,084 Georgia Mental Health Institute 539 $ 18,146,223 $ 16,301,539 Georgia Regional Hospital at Augusta 504 $ 13,329,645 $ 11,999,533 Northwest Regional Hospital at Rome 709 $ 20,671,209 $ 15,768,544 Georgia Regional Hospital at Atlanta 660 $ 17,584,062 $ 14,378,217 Central State Hospital 3,828 $ 102,311,727 $ 71,766,593 Georgia Regional Hospital at Savannah 510 $ 13,777,889 $ 12,090,815 Gracewood State School and Hospital 1,531/1,515 $ 39,601,154 $ 23,847,863 West Central Georgia Regional Hospital 430 $ 12,021,355 $ 10,206,104 Regional Youth Development Centers 489 $ 13,527,678 $ 13,240,393 State Youth Development Centers 743 $ 19,480,371 $ 18,926,419 Court Services 269 $ 7,583,177 $ 7,583,177 Community Treatment Centers 73 $ 2,044,578 $ 2,044,578 Day Centers 24 $ 731,283 $ 731,283 Group Homes 19 $ 575,616 $ 575,616 Runaway Investigations 15 $ 503,956 $ 503,956 Interstate Compact 3 $ 89,437 $ 89,437 Purchased Services 16 $ 2,431,374 $ 2,379,874 Assessment and Classification 10 $ 313,172 $ 313,172 Outdoor Therapeutic Program 50 $ 2,234,120 $ 2,001,295 Mental Health Community Assistance 221 $ 6,857,823 $ 6,800,923 Mental Retardation Community Assistance 62 $ 2,292,756 $ 2,030,256 Central Pharmacy 3 $ 133,072 $ 133,072 Day Care Centers for the Mentally Retarded 0 $ 61,077,202 $ 27,682,534 Supportive Living 0 $ 8,904,429 $ 4,921,150 Georgia State Foster Grandparent/Senior Companion Program 0 $ 562,960 $ 562,960 Project Rescue 0 $ 325,390 $ 162,390 Drug Abuse Contracts 0 $ 1,015,960 $ 1,015,960 Community Mental Health Center Services 0 $ 69,214,726 $ 31,431,409 Uniform Alcoholism Projects 0 $ 2,245,899 $ 1,583,492 Project ARC 0 $ 243,600 $ 243,600 Metro Drug Abuse Centers 43 $ 1,459,200 $ 761,110 Group Homes for Autistic Children 0 $ 232,123 $ 232,123 Project Friendship 0 $ 266,700 $ 266,700 Central Laboratory 6 $ 280,279 $ -0- Community Mental Retardation Staff 0 $ 3,646,719 $ 2,627,458 Community Mental Retardation Residential Services 0 $ 13,657,537 $ 9,200,020 Lumpkin Area Individual Living, Inc. 0 $ 32,346 $ 32,346 Contract with Clayton County Board of Education for Autistic Children 0 $ 68,000 $ 68,000 Undistributed 0 $ -0- $ -0- Total 12,756/12,740 $ 513,279,177 $ 347,132,642 Section 24. Department of Industry and Trade . A. Budget Unit: Department of Industry and Trade $ 13,262,996 State Operations Budget: Personal Services $ 5,187,474 Regular Operating Expenses $ 714,286 Travel $ 314,100 Motor Vehicle Equipment Purchases $ 12,720 Publications and Printing $ 284,650 Equipment Purchases $ 27,100 Computer Charges $ 161,260 Real Estate Rentals $ 436,415 Telecommunications $ 161,041 Per Diem, Fees and Contracts $ 204,150 Postage $ 180,800 Local Welcome Center Contracts $ 165,000 Advertising $ 2,945,000 Cooperative Advertising $ 425,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 5,413,213 Historic Chattahoochee Commission Contract $ 60,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 50,000 Georgia Music Week Promotion $ 30,000 Georgia World Congress Center Operating Expenses $ -0- Contract - Georgia Association of Broadcasters $ 51,500 Southern Center for International Studies $ 25,000 Contract - Lanier Regional Committee $ 12,500 Total Funds Budgeted $ 19,621,209 State Funds Budgeted $ 13,262,996 Total Positions Budgeted 195 Authorized Motor Vehicles 21 Department of Industry and Trade Functional Budgets Pos. Total Funds State Funds Industry 18 $ 812,088 $ 812,088 Research 14 $ 597,579 $ 597,579 Tourism Promotional 27 $ 2,144,020 $ 2,144,020 Tourist Welcome Centers 94 $ 2,427,934 $ 2,282,934 Internal Administration 25 $ 9,483,404 $ 3,270,191 International 17 $ 1,211,184 $ 1,211,184 Advertising 0 $ 2,945,000 $ 2,945,000 Undistributed 0 $ -0- $ -0- Total 195 $ 19,621,209 $ 13,262,996 B. Budget Unit: Authorities $ -0- Administration Budget: Personal Services $ 30,537,506 Regular Operating Expenses $ 12,869,089 Travel $ 524,088 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 154,919 Equipment Purchases $ 50,000 Computer Charges $ 532,856 Real Estate Rentals $ 109,343 Telecommunications $ 414,856 Per Diem, Fees and Contracts $ 1,667,740 G.O. Bonds and Lease Rentals - G.P.A. $ 7,233,576 Other Debt Service Payments - G.P.A. $ 820,000 Capital Outlay - Internal Operations - G.P.A. $ 4,373,713 Atlanta Convention and Visitors Bureau - G.W.C.C. $ -0- Total Funds Budgeted $ 59,287,686 State Funds Budgeted $ -0- Total Positions Budgeted 995 Authorized Motor Vehicles 37 Authorities Functional Budgets Pos. Total Funds State Funds Georgia World Congress Center 215 $ 10,416,126 $ -0- Georgia Ports Authority 780 $ 48,871,560 $ -0- Undistributed 0 $ -0- $ -0- Total 995 $ 59,287,686 $ -0- Section 25. Department of Insurance . Budget Unit: Office of Insurance Commissioner $ 7,835,118 Operations Budget: Personal Services $ 7,102,903 Regular Operating Expenses $ 366,491 Travel $ 189,900 Motor Vehicle Equipment Purchases $ 68,400 Publications and Printing $ 158,716 Equipment Purchases $ 129,983 Computer Charges $ 230,339 Real Estate Rentals $ 469,325 Telecommunications $ 121,012 Per Diem, Fees and Contracts $ 31,250 Total Funds Budgeted $ 8,868,319 State Funds Budgeted $ 7,835,118 Total Positions Budgeted 254 Authorized Motor Vehicles 57 Department of Insurance Functional Budgets Pos. Total Funds State Funds Internal Administration 22 $ 1,265,157 $ 1,265,157 Insurance Regulation 56 $ 1,968,545 $ 1,862,551 Industrial Loans Regulation 13 $ 516,234 $ 516,234 Information and Enforcement 45 $ 1,431,518 $ 1,431,518 Fire Safety and Mobile Home Regulations 118 $ 3,686,865 $ 2,759,658 Undistributed 0 $ -0- $ -0- Total 254 $ 8,868,319 $ 7,835,118 Section 26. Department of Labor . Budget Unit: Department of Labor $ 5,527,676 State Operations: Personal Services $ 56,977,529 Regular Operating Expenses $ 2,551,300 Travel $ 1,356,395 Motor Vehicle Equipment Purchases $ 22,500 Publications and Printing $ 101,766 Equipment Purchases $ 316,002 Computer Charges $ 4,088,618 Real Estate Rentals $ 2,194,591 Telecommunications $ 1,120,525 Per Diem, Fees and Contracts (JTPA) $ 56,387,955 Per Diem, Fees and Contracts $ 1,744,151 Capital Outlay $ 600,000 W.I.N. Grants $ 260,000 Payments to State of Georgia General Obligation Debt Sinking Fund $ 400,000 Total Funds Budgeted $ 128,121,332 State Funds Budgeted $ 5,527,676 Total Positions Budgeted 1,971 Authorized Motor Vehicles 16 Department of Labor Functional Budgets Pos. Total Funds State Funds Executive Offices 102 $ 5,271,139 $ 1,279,849 Administrative Services 248 $ 12,501,777 $ 760,803 Unemployment Insurance 208 $ 7,571,424 $ 4,041 Employment Services 98 $ 4,020,099 $ 317,347 Field Services 1,285 $ 45,461,080 $ 3,165,636 Job Training Partnership 30 $ 53,295,813 $ -0- Undistributed 0 $ -0- $ -0- Total 1,971 $ 128,121,332 $ 5,527,676 Section 27. Department of Law . Budget Unit: Department of Law $ 5,992,548 Attorney General's Office Budget: Personal Services $ 5,311,702 Regular Operating Expenses $ 317,912 Travel $ 120,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 44,491 Equipment Purchases $ 12,191 Computer Charges $ 60,000 Real Estate Rentals $ 314,607 Telecommunications $ 91,982 Per Diem, Fees and Contracts $ 45,000 Books for State Library $ 96,000 Capital Outlay $ -0- Total Funds Budgeted $ 6,414,835 State Funds Budgeted $ 5,992,548 Total Positions Budgeted 122 Authorized Motor Vehicles 1 Section 28. Department of Medical Assistance . Budget Unit: Medicaid Services $ 271,628,916 Departmental Operations Budget: Personal Services $ 7,223,092 Regular Operating Expenses $ 410,600 Travel $ 148,790 Motor Vehicle Equipment Purchases $ 6,500 Publications and Printing $ 97,400 Equipment Purchases $ 99,380 Computer Charges $ 6,102,356 Real Estate Rentals $ 771,620 Telecommunications $ 343,038 Per Diem, Fees and Contracts $ 10,177,000 Postage $ 150,000 Medicaid Benefits $ 859,500,843 Payments to Counties for Mental Health $ 10,619,200 Audits Contracts $ 1,284,991 Total Funds Budgeted $ 896,934,810 State Funds Budgeted $ 271,628,916 Total Positions Budgeted 274 Authorized Motor Vehicles 3 Medical Assistance Functional Budgets Pos. Total Funds State Funds Commissioner's Office 10 $ 644,885 $ 322,443 Program Management 86 $ 12,615,652 $ 1,905,223 Administration 37 $ 2,765,345 $ 1,570,725 Operations 53 $ 7,890,371 $ 2,130,835 Program Integrity 88 $ 2,898,514 $ 1,256,103 Benefits 0 $ 870,120,043 $ 264,443,587 Undistributed 0 $ -0- $ -0- Total 274 $ 896,934,810 $ 271,628,916 Section 29. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration Agency Assessments $ 6,247,667 Departmental Operations Budget: Personal Services $ 4,807,511 Regular Operating Expenses $ 107,327 Travel $ 63,545 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 189,289 Equipment Purchases $ 23,810 Computer Charges $ 1,553,842 Real Estate Rentals $ 685,737 Telecommunications $ 101,565 Per Diem, Fees and Contracts $ 25,238,224 Postage $ 143,360 Health Insurance Payments $ 230,002,649 Total Funds Budgeted $ 262,916,859 Agency Assessments $ 6,247,667 Employee and Employer Contributions $ 256,637,408 Deferred Compensation $ 31,784 Total Positions Budgeted 175 Authorized Motor Vehicles 0 Merit System Functional Budgets Pos. Total Funds State Funds Applicant Services 39 $ 1,790,595 $ -0- Classification and Compensation 19 $ 794,013 $ -0- Program Evaluation and Audit 13 $ 633,285 $ -0- Employee Training and Development 23 $ 952,253 $ -0- Health Insurance Administration 36 $ 6,991,705 $ -0- Health Insurance Claims 0 $ 249,412,619 $ -0- Internal Administration 37 $ 1,174,372 $ -0- Commissioner's Office 8 $ 1,168,017 $ -0- Undistributed 0 $ -0- $ -0- Total 175 $ 262,916,859 $ -0- Section 30. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 59,394,155 Operations Budget: Personal Services $ 40,810,421 Regular Operating Expenses $ 8,055,370 Travel $ 455,990 Motor Vehicle Equipment Purchases $ 1,108,243 Publications and Printing $ 489,743 Equipment Purchases $ 2,071,345 Computer Charges $ 414,301 Real Estate Rentals $ 1,179,033 Telecommunications $ 794,115 Per Diem, Fees and Contracts $ 1,157,645 Postage $ 345,085 Land and Water Conservation Grants $ 2,500,000 Recreation Grants $ 965,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 275,000 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,021,993 Capital Outlay - Shop Stock - Parks $ 300,000 Capital Outlay - Heritage Trust $ 75,000 Authority Lease Rentals $ 1,238,000 Cost of Material for Resale $ 1,042,500 Payments to Lake Lanier Islands Development Authority $ 603,821 Contract - Special Olympics, Inc. $ 206,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 430,912 Capital Outlay - User Fee Enhancements - Parks $ 963,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 337,220 Technical Assistance Contract $ 125,000 Capital Outlay $ 1,643,000 Contract - Georgia Rural Water Association $ 10,000 Grant - The Hay House $ 50,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 130,000 Contract - Corps of Engineers (Tybee Island) $ -0- Advertising and Promotion $ 100,000 Payment to Georgia Agricultural Exposition Authority $ 500,000 Historic Preservation Grant $ 40,000 Payment to Jekyll Island State Park - Capital Outlay $ 212,000 Payment to Stone Mountain Memorial Association - Capital Outlay $ -0- Environmental Facilities Grants $ 8,000,000 Non-Game Wildlife Habitat Fund $ 25,000 Georgia Boxing Commission $ 4,150 Total Funds Budgeted $ 77,873,887 Receipts from Jekyll Island State Park Authority $ 53,750 Receipts from Stone Mountain Memorial Association $ 315,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 59,394,155 Total Positions Budgeted 1,285 Authorized Motor Vehicles 1,032 Department of Natural Resources Functional Budgets Pos. Total Funds State Funds Internal Administration 81 $ 5,386,751 $ 5,018,001 Game and Fish 479 $ 22,732,622 $ 19,456,342 Parks, Recreation and Historic Sites 383 $ 26,041,879 $ 14,721,177 Environmental Protection 316 $ 22,479,743 $ 19,030,743 Coastal Resources 26 $ 1,232,892 $ 1,167,892 Undistributed 0 $ -0- $ -0- Total 1,285 $ 77,873,887 $ 59,394,155 B. Budget Unit: Authorities $ -0- Operations Budget: Personal Services $ 5,450,821 Regular Operating Expenses $ 3,096,500 Travel $ 60,300 Motor Vehicle Equipment Purchases $ 51,000 Publications and Printing $ 109,000 Equipment $ 115,000 Computer Charges $ 18,000 Real Estate Rentals $ 8,000 Telecommunications $ 107,200 Per Diem, Fees and Contracts $ 455,000 Capital Outlay $ 100,000 Promotion Expense $ -0- Campground Sinking Fund $ -0- Payments to the Department of Natural Resources $ 53,750 Mortgage Payments $ -0- Total Funds Budgeted $ 9,624,571 State Funds Budgeted $ -0- Total Positions Budgeted 468 Authorized Motor Vehicles 100 Authorities Functional Budgets Pos. Total Funds State Funds Lake Lanier Islands Development Authority 64 $ 3,255,821 $ -0- Jekyll Island State Park Authority 157 $ 5,868,750 $ -0- Georgia Agricultural Exposition Authority 2 $ 500,000 $ -0- Stone Mountain Memorial Association 245 $ -0- $ -0- Total 468 $ 9,624,571 $ -0- Section 31. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 57,961,984 Operations Budget: Personal Services $ 43,042,404 Regular Operating Expenses $ 6,001,869 Travel $ 120,356 Motor Vehicle Equipment Purchases $ 3,712,900 Publications and Printing $ 535,422 Equipment Purchases $ 518,397 Computer Charges $ 2,746,029 Real Estate Rentals $ 8,508 Telecommunications $ 702,109 Per Diem, Fees and Contracts $ 163,125 Postage $ 716,039 Conviction Reports $ 218,016 State Patrol Posts Repairs and Maintenance $ 150,000 Driver License Processing $ 929,977 Capital Outlay $ 80,000 Total Funds Budgeted $ 59,645,151 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 57,961,984 Total Positions Budgeted 1,492 Authorized Motor Vehicles 1,109 Public Safety Functional Budgets Pos. Total Funds State Funds Administration 170 $ 6,776,607 $ 6,776,607 Driver Services 342 $ 12,731,037 $ 11,197,870 Field Operations 980 $ 40,137,507 $ 39,987,507 Undistributed 0 $ -0- $ -0- Total 1,492 $ 59,645,151 $ 57,961,984 B. Budget Unit: Units Attached for Administrative Purposes Only $ 6,857,096 Attached Units Budget: Personal Services $ 3,147,172 Regular Operating Expenses $ 694,989 Travel $ 119,750 Motor Vehicle Equipment Purchases $ 131,400 Publications and Printing $ 45,450 Equipment Purchases $ 139,350 Computer Charges $ 202,820 Real Estate Rentals $ 126,564 Telecommunications $ 96,099 Per Diem, Fees and Contracts $ 527,337 Postage $ 28,750 Peace Officers Training Grants $ 1,963,680 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 10,723,361 State Funds Budgeted $ 6,857,096 Total Positions Budgeted 111 Authorized Motor Vehicles 49 Attached Units Functional Budgets Pos. Total Funds State Funds Office of Highway Safety 8 $ 3,879,313 $ 192,023 Georgia Peace Officers Standards and Training 26 $ 3,227,866 $ 3,216,071 Police Academy 18 $ 1,219,955 $ 1,174,955 Fire Academy 14 $ 835,292 $ 747,296 Georgia Firefighters Standards and Training Council 5 $ 295,402 $ 295,402 Organized Crime Prevention Council 3 $ 288,739 $ 288,739 Georgia Public Safety Training Facility 37 $ 976,794 $ 942,610 Undistributed 0 $ -0- $ -0- Total 111 $ 10,723,361 $ 6,857,096 Section 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 13,310,975 Departmental Operations Budget: Payments to Employees' Retirement System $ 185,975 Employer Contributions $ 13,125,000 Total Funds Budgeted $ 13,310,975 State Funds Budgeted $ 13,310,975 Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 6,911,332 Departmental Operations Budget: Personal Services $ 4,136,030 Regular Operating Expenses $ 225,616 Travel $ 133,400 Motor Vehicle Equipment Purchases $ 66,405 Publications and Printing $ 23,375 Equipment Purchases $ 47,128 Computer Charges $ 148,649 Real Estate Rentals $ 237,021 Telecommunications $ 106,850 Per Diem, Fees and Contracts $ 2,142,500 Total Funds Budgeted $ 7,266,974 State Funds Budgeted $ 6,911,332 Total Positions Budgeted 133 Authorized Motor Vehicles 29 Public Service Commission Functional Budgets Pos. Total Funds State Funds Administration 18 $ 1,023,809 $ 1,023,809 Transportation 56 $ 2,058,290 $ 1,784,190 Utilities 59 $ 4,184,875 $ 4,103,333 Undistributed 0 $ -0- $ -0- Total 133 $ 7,266,974 $ 6,911,332 Section 34. Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 550,499,221 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $4 574,356,875 Sponsored Operations $ 71,550,818 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 151,001,309 Sponsored Operations $ 76,135,060 Office of Minority Business Enterprise $ 338,902 Special Desegregation Programs $ 322,487 Authority Lease Rentals $ 15,582,666 Research Consortium $ 3,500,000 Eminent Scholars Program $ 2,000,000 Total Funds Budgeted $ 894,788,117 Departmental Income $ 23,326,954 Sponsored Income $ 147,685,878 Other Funds $ 170,248,764 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 550,499,221 Total Positions Budgeted 17,496 B. Budget Unit: Regents Central Office and Other Organized Activities $ 127,280,935 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 151,862,364 Sponsored Operations $ 46,997,452 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 66,110,233 Sponsored Operations $ 20,013,465 Fire Ant and Environmental Toxicology Research $ 249,308 Agricultural Research $ 1,366,003 Advanced Technology Development Center $ 874,054 Capitation Contracts for Family Practice Residency $ 2,267,000 Residency Capitation Grants $ 2,137,500 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 356,175 Capital Outlay - ETMH Renovations $ 3,300,000 SREB Payments $ 6,284,950 Medical Scholarships $ 587,000 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Grants to Junior Colleges $ 5,680,444 Rental Payments to Georgia Military College $ 225,000 Total Funds Budgeted $ 309,268,948 Departmental Income $ 1,810,817 Sponsored Income $ 67,010,917 Other Funds $ 112,610,579 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 127,280,935 Total Positions Budgeted 6,165 Regents Central Office and Other Organized Activities Functional Budgets Pos. Total Funds State Funds Marine Resources Extension Center 32 $ 1,516,646 $ 965,175 Skidaway Institute of Oceanography 38 $ 3,416,321 $ 1,254,017 Marine Institute 20 $ 1,058,560 $ 718,560 Georgia Tech Research Institute 528 $ 76,018,994 $ 8,675,935 Engineering Extension Division 113 $ 3,349,708 $ 1,792,114 Agricultural Experiment Station 906 $ 42,651,500 $ 27,200,855 Cooperative Extension Service 997 $ 40,713,488 $ 27,100,788 Eugene Talmadge Memorial Hospital 3,266 $ 109,795,557 $ 33,464,185 Veterinary Medicine Experiment Station 67 $ 2,503,551 $ 2,503,551 Veterinary Medicine Teaching Hospital 55 $ 1,980,769 $ 477,458 Family Practice Residency Program 7 $ 4,857,216 $ 4,857,216 Georgia Radiation Therapy Center 33 $ 1,354,897 $ 184,549 Athens and Tifton Veterinary Laboratories 2 $ 2,052,348 $ 87,139 Regents Central Office 101 $ 17,999,393 $ 17,999,393 Undistributed 0 $ -0- $ -0- Total 6,165 $ 309,268,948 $ 127,280,935 C. Budget Unit: Georgia Public Telecommunications Commission $ 5,246,493 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 3,814,825 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 4,798,847 Total Funds Budgeted $ 8,613,672 State Funds Budgeted $ 5,246,493 Total Positions Budgeted 149 Authorized Motor Vehicles 14 Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 52,297,868 Operations Budget: Personal Services $ 33,115,680 Regular Operating Expenses $ 1,115,210 Travel $ 1,326,398 Motor Vehicle Equipment Purchases $ 45,700 Publications and Printing $ 2,068,732 Equipment Purchases $ 1,187,363 Computer Charges $ 6,723,106 Real Estate Rentals $ 1,753,806 Telecommunications $ 633,285 Per Diem, Fees and Contracts $ 352,150 County Tax Officials/Retirement and FICA $ 1,644,000 Grants to Counties/Appraisal Staff $ 1,663,187 Motor Vehicle Tag Purchases $ 1,772,600 Motor Vehicle Decal Purchases $ 495,000 Postage $ 2,246,651 Total Funds Budgeted $ 56,142,868 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 52,297,868 Total Positions Budgeted 1,231 Authorized Motor Vehicles 65 Department of Revenue Functional Budgets Pos. Total Funds State Funds Departmental Administration 48 $ 4,248,317 $ 4,248,317 Internal Administration 78 $ 6,889,174 $ 6,789,178 Electronic Data Processing 49 $ 2,488,904 $ 2,488,904 Field Services 363 $ 11,363,154 $ 11,273,154 Income Tax 148 $ 6,644,279 $ 5,244,287 Motor Vehicle 253 $ 12,614,132 $ 10,559,132 Central Audit 111 $ 4,539,527 $ 4,539,527 Property Tax 56 $ 3,773,027 $ 3,773,027 Sales Tax 125 $ 3,582,354 $ 3,382,342 Undistributed 0 $ -0- $ -0- Total 1,231 $ 56,142,868 $ 52,297,868 Section 36. Secretary of State . A. Budget Unit: Secretary of State $ 16,668,795 Personal Services $ 10,428,508 Regular Operating Expenses $ 1,427,788 Travel $ 196,350 Motor Vehicle Equipment Purchases $ 101,800 Publications and Printing $ 359,416 Equipment Purchases $ 178,460 Computer Charges $ 667,359 Real Estate Rentals $ 1,814,119 Telecommunications $ 291,760 Per Diem, Fees and Contracts $ 441,700 Election Expenses $ 500,000 Postage $ 321,635 Total Funds Budgeted $ 16,728,895 State Funds Budgeted $ 16,668,795 Total Positions Budgeted 375 Authorized Motor Vehicles 74 Secretary of State Functional Budgets Pos. Total Funds State Funds Internal Administration 58 $ 2,473,115 $ 2,471,015 Archives and Records 86 $ 3,877,225 $ 3,827,225 Corporations Regulation 44 $ 1,503,244 $ 1,501,244 Elections and Campaign Disclosure 14 $ 1,216,999 $ 1,216,999 Securities Regulation 23 $ 1,003,557 $ 997,557 Drugs and Narcotics 15 $ 654,948 $ 654,948 State Campaign and Financial Disclosure 3 $ 138,697 $ 138,697 Occupational Certification 132 $ 5,861,110 $ 5,861,110 Undistributed 0 $ -0- $ -0- Total 375 $ 16,728,895 $ 16,668,795 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 184,908 $ 341,315 Architect $ 47,942 $ 118,563 Athletic Trainers $ 1,242 $ 3,043 Auctioneers $ 6,242 $ 31,275 Barbers $ 11,473 $ 140,719 Chiropractic $ 11,095 $ 105,883 Construction Industry $ 54,563 $ 327,706 Cosmetology $ 37,092 $ 636,089 Dentistry $ 56,467 $ 273,255 Dieticians $ 11,500 $ 30,000 Engineers $ 51,468 $ 273,429 Forestry $ 3,139 $ 30,840 Funeral Service $ 17,463 $ 170,228 Geology $ 3,331 $ 17,502 Hearing Aid $ 4,987 $ 19,842 Landscape Architect $ 13,523 $ 23,896 Librarians $ 2,331 $ 17,995 Marriage and Family Therapists $ 30,080 $ 147,485 Medical Examiners $ 205,418 $ 956,652 Nursing Home Administrators $ 12,069 $ 32,222 Board of Nursing $ 59,775 $ 670,816 Dispensing Opticians $ 5,218 $ 26,810 Optometry $ 15,285 $ 37,426 Occupational Therapy $ 2,179 $ 8,662 Pharmacy $ 67,179 $ 378,707 Physical Therapy $ 11,791 $ 39,703 Podiatry $ 3,722 $ 9,462 Polygraph Examiners $ 5,734 $ 16,224 Practical Nursing $ 56,001 $ 468,838 Private Detective $ 11,915 $ 277,840 Psychologists $ 15,374 $ 66,489 Recreation $ 4,871 $ 23,164 Sanitarian $ 3,405 $ 18,520 Speech Pathology $ 4,520 $ 19,196 Used Car Dealers $ 12,019 $ 210,360 Used Car Parts $ 9,523 $ 34,301 Veterinary $ 35,027 $ 95,266 Wastewater $ 4,932 $ 107,713 Well Water $ 4,606 $ 13,541 Total $ 1,099,409 $ 6,220,977 B. Budget Unit: Real Estate Commission $ 1,182,779 Real Estate Commission Budget: Personal Services $ 685,741 Regular Operating Expenses $ 107,748 Travel $ 12,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 26,000 Equipment Purchases $ 5,350 Computer Charges $ 192,740 Real Estate Rentals $ 40,450 Telecommunications $ 18,250 Per Diem, Fees and Contracts $ 94,000 Total Funds Budgeted $ 1,182,779 State Funds Budgeted $ 1,182,779 Total Positions Budgeted 28 Authorized Motor Vehicles 12 Real Estate Commission Functional Budget Pos. State Funds Cost of Operations Real Estate Commission 28 $ 1,182,779 $ 1,223,229

Page 118

Section 37. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 16,593,641 Administration Budget: Personal Services $ 2,727,947 Regular Operating Expenses $ 185,120 Travel $ 52,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 78,654 Equipment Purchases $ 12,775 Computer Charges $ 910,926 Telecommunications $ 84,590 Per Diem, Fees and Contracts $ 41,500 Payment of Interest and Fees $ 430,000 Guaranteed Educational Loans $ 3,113,550 Tuition Equalization Grants $ 10,700,000 Student Incentive Grants $ 4,443,122 Law Enforcement Personnel Dependents' Grants $ 35,000 North Georgia College ROTC Grants $ 111,000 Osteopathic Medical Loans $ 162,400 Georgia Military Scholarship Grants $ 140,500 Academic Scholarships $ -0- Total Funds Budgeted $ 23,229,084 State Funds Budgeted $ 16,593,641 Total Positions Budgeted 105 Authorized Motor Vehicles 1 Georgia Student Finance Commission Functional Budgets Pos. Total Funds State Funds Internal Administration 105 $ 4,093,512 $ -0- Higher Education Assistance Corporation 0 $ 430,000 $ 205,000 Georgia Student Finance Authority 0 $ 18,705,572 $ 16,388,641 Undistributed 0 $ -0- $ -0- Total 105 $ 23,229,084 $ 16,593,641 Section 38. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 908,944 Soil and Water Conservation Central Office Budget: Personal Services $ 599,139 Regular Operating Expenses $ 56,380 Travel $ 52,212 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,670 Equipment Purchases $ 2,620 Computer Charges $ 3,000 Real Estate Rentals $ 32,867 Telecommunications $ 17,970 Per Diem, Fees and Contracts $ 123,086 Total Funds Budgeted $ 908,944 State Funds Budgeted $ 908,944 Total Positions Budgeted 20 Authorized Motor Vehicles 1 Section 39. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 2,798,000 Departmental Operations Budget: Personal Services $ 1,967,069 Regular Operating Expenses $ 74,400 Travel $ 24,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,000 Equipment Purchases $ 12,215 Computer Charges $ 644,346 Real Estate Rentals $ 185,115 Telecommunications $ 102,406 Per Diem, Fees and Contracts $ 274,000 Postage $ 88,000 Cost-of-Living Increases for Local Retirement System Members $ 1,630,000 Floor Fund for Local Retirement Systems $ 1,168,000 Total Funds Budgeted $ 6,223,551 State Funds Budgeted $ 2,798,000 Total Positions Budgeted 67 Authorized Motor Vehicles 1 Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 454,518,256 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 159,459,089 Regular Operating Expenses $ 46,179,642 Travel $ 1,633,112 Motor Vehicle Equipment Purchases $ 1,000,000 Publications and Printing $ 825,147 Equipment Purchases $ 2,442,058 Computer Charges $ 2,362,670 Real Estate Rentals $ 1,086,778 Telecommunications $ 1,722,399 Per Diem, Fees and Contracts $ 8,991,102 Capital Outlay $ 584,950,487 Grants to Counties $ 9,317,013 Authority Lease Rentals $ 12,145,821 State of Georgia General Obligation Debt Sinking Fund $ 3,458,506 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Development $ 1,270,000 Capital Outlay - Airport Approach Aid and Operational Improvement $ 1,383,000 Mass Transit Grants $ 8,796,429 Savannah Harbor Maintenance Payments $ 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 3,000,000 Fall Line Freeway and Golden Isles Parkway $ 1,500,000 Total Funds Budgeted $ 861,470,253 State Funds Budgeted $ 454,518,256 Total Positions Budgeted 6,946 Authorized Motor Vehicles 4,800 Department of Transportation Functional Budgets Pos. Total Funds State Funds Motor Fuel Tax Budget Planning and Construction 2,998 $ 601,405,151 $ 213,263,028 Maintenance and Betterments 3,547 $ 173,112,701 $ 167,527,881 Facilities and Equipment 0 $ 4,608,247 $ 3,408,247 Assistance to Counties 0 $ 9,317,013 $ 9,317,013 Administration 362 $ 31,121,907 $ 30,671,907 Undistributed 0 $ -0- $ -0- Total 6,907 $ 819,565,019 $ 424,188,076 General Funds Budget Grants to Municipalities 0 $ 9,317,000 $ 9,317,000 Paving at State and Local Schools and State Institutions 0 $ 848,500 $ 848,500 Paving at State Parks and Historic Sites 0 $ 500,000 $ 500,000 Air Transportation 16 $ 1,347,153 $ 957,153 Inter-Modal Transfer Facilities 23 $ 13,162,581 $ 4,977,527 Harbor Maintenance Facilities 0 $ 3,630,000 $ 630,000 Fall Line Freeway and Golden Isles Parkway 0 $ 1,500,000 $ 1,500,000 Planning and Construction 0 $ 1,600,000 $ 1,600,000 Local Assistance Road Program and Savannah Harbor Widening Project 0 $ 10,000,000 $ 10,000,000 Total 39 $ 41,905,234 $ 30,330,180 Section 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 15,051,960 Departmental Operations Budget: Personal Services $ 3,735,585 Regular Operating Expenses $ 56,290 Travel $ 82,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 71,964 Computer Charges $ -0- Real Estate Rentals $ 194,766 Telecommunications $ 56,500 Per Diem, Fees and Contracts $ 9,360 Capital Outlay $ -0- Postage $ 32,500 Operating Expense/Payments to Central State Hospital $ 8,662,847 Operating Expense/Payments to Medical College of Georgia $ 4,606,408 Regular Operating Expenses for Projects and Insurance $ 725,980 Total Funds Budgeted $ 18,255,200 State Funds Budgeted $ 15,051,960 Total Positions Budgeted 141 Authorized Motor Vehicles 1 Veterans Service Functional Budgets Pos. Total Funds State Funds Veterans Assistance 141 $ 4,202,541 $ 3,941,850 Veterans Home and Nursing Facility - Milledgeville 0 $ 9,088,752 $ 7,262,552 Veterans Nursing Home - Augusta 0 $ 4,963,907 $ 3,847,558 Undistributed 0 $ -0- $ -0- Total 141 $ 18,255,200 $ 15,051,960 Section 42. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 5,763,223 Operations Budget: Personal Services $ 4,426,252 Regular Operating Expenses $ 121,052 Travel $ 57,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 85,400 Equipment Purchases $ 15,350 Computer Charges $ 245,292 Real Estate Rentals $ 507,092 Telecommunications $ 82,485 Per Diem, Fees and Contracts $ 178,300 Postage $ 80,000 Total Funds Budgeted $ 5,798,223 State Funds Budgeted $ 5,763,223 Total Positions Budgeted 146 Authorized Motor Vehicles 1 Workers' Compensation Board Functional Budgets Pos. Total Funds State Funds Administration 129 $ 5,264,251 $ 5,229,251 Vocational Rehabilitation 17 $ 533,972 $ 533,972 Undistributed 0 $ -0- $ -0- Total 146 $ 5,798,223 $ 5,763,223 Section 43. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 189,169,521 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 20,500,000 Section 44. Provisions Relative to Section 3, Supreme Court . The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, 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.

Page 125

Section 45. Provisions Relative to Section 4, Court of Appeals . The appropriations in Section 4 (Court of Appeals) of this Act are 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. Section 46. Provisions Relative to Section 5, Superior Courts . The appropriations in Section 5 (Superior Courts) of this Act for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for 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, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 47. Provisions Relative to Section 6, Juvenile Courts . The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4. Section 48. Provisions Relative to Section 7, Institute of Continuing Judicial Education . The appropriations in Section 7 (Institute of Continuing Judicial Education) are 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 49. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council.

Page 126

Section 50. Provisions Relative to Section 10, Department of Administrative Services . Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity 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: General Services $ 512,821 Data Processing Services $ 45,501,134 Motor Vehicle Services $ 2,267,469 Communication Services $ 34,007,611 Printing Services $ 4,578,652 The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. 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. Section 51. Provisions Relative to Section 11, Department of Agriculture . From the appropriation in Section 11 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for `on-farm' testing for brucellosis in cattle to be transported out of Georgia. The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers. The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable.

Page 127

No expenditure from the appropriation in Section 11 relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets). Section 52. Provisions Relative to Section 16, State Board of Education - Department of Education . From the appropriation in Section 16 (State Board of Education - Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School; $80,000 of the staff development funds is designated and committed to fund a State-level staff development program specifically for special education teachers 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; and $18,601,401 of the compensatory education funds is designated 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 remediating those students who have failed, or who are at risk of failing, the fourth or eighth grade Georgia Criterion Referenced Test 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. Compensatory Education 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. None of the State funds appropriated in Section 16 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.

Page 128

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 systems which do not elect to implement the full day kindergarten program, the allotment of instructional units shall be made on the basis of one teacher and one aide for each 40 students or major fraction thereof in average daily attendance, except in the case of mentally, physically or emotionally handicapped children, the ratio shall be one teacher and one aide for 24 students or major fraction thereof in average daily membership. Provided, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allotments shall not exceed the actual cost of mid-day transportation by the local system. State funds appropriated to local systems for classroom teacher salaries on the basis of average daily attendance in grades 1 through 7 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. 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. No payments from funds appropriated for Maintenance and Operation, Sick and Personal Leave and Instructional Media for special education teachers shall be made prior to such teaching unit being filled. Teaching units allocated under Code Section 20-2-152 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.

Page 129

From the appropriation in Section 16 (State Board of Education - Department of Education) 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. 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. From appropriations in Section 16 (State Board of Education - Department of Education) for salaries relative to APEG Code Sections 20-2-152, 20-2-153, 20-2-157, 20-2-181, and 20-2-181(d)(2), 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. The funds appropriated in Sections 16 and 90 (State Board of Education - Department of Education) for local school construction shall be used to complete the funding of those projects for which S.F.Y. 1987 entitlements were sufficient to cover eligible projects (pursuant to Code Section 20-2-250), based on a total State entitlement of $100 million for S.F.Y. 1987. Comprehensive High Schools or Vocational Schools may use funds appropriated for the High School Program for the purpose of repairing existing equipment in lieu of purchasing new equipment without prior approval of the Department of Education. The Board is hereby directed to establish a postsecondary vocational education program at Georgia Southern College in conjunction with the other two postsecondary vocational education programs to be established in the Altamaha APDC area. None of the State funds appropriated in Section 16 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.

Page 130

The Department is authorized to utilize up to $4,100,000 of available funds appropriated for the purpose of local school construction to continue an asbestos abatement program in local school systems. Section 53. Provisions Relative to Section 17, Employees' Retirement System . The Employees' Retirement System is authorized to increase the employer contribution rate by forty-five one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1985, and January 1, 1986, and to fund continuation of increases provided on January 1 and July 1 of 1984, and January 1, 1985. Section 54. Provisions Relative to Section 18, Forestry Commission . From the Appropriation in Section 18 (Forestry Commission), $30,000 of the Ware County Grant is intended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance. Section 55. Provisions Relative to Section 21, Office of the Governor . 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. Not less than 95% of the appropriation in Section 21 (Office of the Governor) relative to Art GrantsState Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia. Section 56. Provisions Relative to Section 23, Department of Human Resources . From the appropriation in Section 23 (Department of Human Resources), $100,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $250,000 is designated and committed for the purchase of clotting factor for the hemophilia program.

Page 131

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. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 70% of the standards of need, effective April 1, 1986; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $202 $141 2 306 214 3 366 256 4 432 302 5 494 346 6 536 375 7 580 406 8 616 431 9 648 454 10 694 486 11 742 519 Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally. Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise.

Page 132

From the appropriation in Section 23 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc. Provided, that of the above appropriation relating to Computer Charges, the Department is authorized to utilize up to $31,197 from existing funds for the purpose of purchasing personal computers for Financial Services and Budget Services. From the appropriation in Section 23, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources. 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 Warm Springs Hospital. 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. From the appropriation in Section 23 (Department of Human Resources) relating to the Public HealthFamily Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire 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. The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program. The Department of Human Resources may 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.

Page 133

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, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years. From the appropriation in Section 23 (Department of Human Resources), not less than $156,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program. From the appropriation in Section 23 (Department of Human Resources) 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. From the appropriation in Section 23 (Department of Human Resources), $40,775 is designated and committed for a program of screening and treatment of diabetes in the Columbus area. Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for foster children over age twelve, not to exceed $300. 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. It is the intent of this General Assembly that no money designated for Mental Retardation programs be used in any manner in connection with the statewide alcohol and drug treatment services plan.

Page 134

All Federal funds received for alcohol and drug abuse treatment above the amounts contemplated in this Act shall be used to implement an alcohol and drug treatment services program in Middle Georgia. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program. From the appropriation in Section 23 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $406, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program. The Department shall have flexibility in the Community Mental Retardation Residential Services 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 that these residential services be available to clients residing in the community as well as those returning to their communities from institutions. The Department shall have flexibility in Supportive Living Benefits to contract with private home providers 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. No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia. From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia Mental Health Institute,

Page 135

$20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. From the appropriation in Section 23 (Department of Human Resources) 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. From the appropriation in Section 23 (Department of Human Resources) relating to the Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program. 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. Section 57. Provisions Relative to Section 24, Department of Industry and Trade . From the appropriation in Section 24 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers. To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues. Section 58. Provisions Relative to Section 26, Department of Labor . It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of effort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees concerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency. Section 59. Provisions Relative to Section 28, Department of Medical Assistance . Any reserve created by the

Page 136

State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health. Provided, that of the appropriation in Section 28, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals. Section 60. Provisions Relative to Section 29, Merit System of Personnel Administration . 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. The Department is authorized to assess no more than $120.29 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1986 shall not exceed five and seventy-five one hundredths percent (5.75%). Section 61. Provisions Relative to Section 30, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30. From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated

Page 137

in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities. Provided, further, of the funds appropriated to the Department of Natural Resources, $200,000 is designated and committed for the purpose of planning a recreational facility at Sandy Creek on Lake Walter F. George. Section 62. Provisions Relative to Section 14, Department of Corrections . Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. From the appropriation in Section 14 (Department of Corrections) relating to county workcamp construction, the State shall provide finding for no more than 50% of the total construction cost of any project. With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs. The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. Provided, that the Department is hereby authorized to redirect an amount not to exceed $319,000 from funds available to the Georgia State Financing and Investment Commission for storage warehouse, laundry, and dining expansion at the Georgia Women's Correctional Institution and the dining hall at the Rutledge Correctional Institution. Section 63. Provisions Relative to Section 31, Department of Public Safety . From the appropriation in Section 31 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report. To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 31, the Office of Planning

Page 138

and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants. 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. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. 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 64. Provisions Relative to Section 34, Regents, University System of Georgia . 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 by 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. Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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.

Page 139

The 1% Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 34 (Regents, University System of Georgia) shall be utilized to provide 2% merit-type increases. 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 Subcommittees. The payment of Grants to Junior Colleges shall be based on a rate of $850 per EFT student, and 50 quarter credit hours shall be used in the calculation of an equivalent full-time student. Section 65. Provisions Relative to Section 35, Department of Revenue . From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag purchases, $1,772,600 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production. Section 66. Provisions Relative to Section 37 . From the appropriation in Section 37 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 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 not to become agricultural teachers: Not to exceed $30,000

Page 140

E) Students who are to become mathematics or science teachers: Not to exceed $300,000 The appropriation in Section 37 relative to Tuition Equalization Grants provides for payment of grants of $775 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. Section 67. Provisions Relative to Section 40, Department of Transportation . In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services. Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation. Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget. Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 40 of this Bill.

Page 141

Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter. Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air-transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Of the above appropriation $975,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Fall Line Freeway, a multi-lane highway originating at Columbus and ending at Augusta. A route between Macon and Perry and a route through, or by way of, Macon shall be studied. Of the above appropriation $525,000 is designated and committed for preliminary engineering, location, environmental and traffic studies, and mapping for the Golden Isles Parkway, from I-75 along U.S. 341 to I-95. This Appropriations Act authorizes $82 million in General Obligation Bonds for construction of various projects or parts of projects on the State Highway system. It is the intent of the General Assembly that funds presently allocated to such projects or parts of projects shall be re-allocated to construction of four-lane highway segments in designated growth areas as follows: Corridor Z and Appalachian Highway $40 million Other Routes 40 million

Page 142

It is the further intent of the General Assembly that the remaining $2 million in such funds shall be re-allocated to LARP, and of the present appropriation of $10 million in Section 40 for LARP and Savannah Harbor, $2 million shall then be allocated to Savannah Harbor and $8 million shall be allocated to LARP. Section 68. Provisions Relative to Section 41, Department of Veterans Service . From the appropriation in Section 41 (Department of Veterans Service), the Department of Veterans Service is authorized to utilize up to $280,000 of operating funds to match Federal funding if it becomes available to design a veterans nursing home in Georgia. Section 69 . In addition to all other appropriations for the State fiscal year ending June 30, 1986, there is hereby appropriated $3,132,482 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,246,629 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit `A') and for State mental health/mental retardation institutions ($6,111,629 Budget Unit `C') in the Department of Human Resources. 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 70 . Appropriations to the object class `Authority Lease Rentals' shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of funds principal, interest and trustees fees, or for transfer to another sinking fund. Section 71 . Each State agency utilizing xerographic reproducing equipment shall 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. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.

Page 143

Section 72 . 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 73 . 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. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall 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.

Page 144

Section 74 . 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 and function contained in this Appropriations Act. Section 75 . 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 76 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 77. No State funds in this appropriation [Illegible Text] paid to or on behalf of Georgia Indigent Legal Service [Illegible Text] affiliates, nor shall any State facilities be made [Illegible Text] their use, including but not limited to the Georgia [Illegible Text] Statewide Telecommunications Network either [Illegible Text]. Section 78 . 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.

Page 145

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 79 . 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 Reports submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, functional budgets, 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 Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch 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, commisison, 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 80 . Wherever in this Act the term `Budget Unit Object Classes' is used, it shall mean that the object classification

Page 146

following such term shall apply to the total expenditures with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 81 . For the purposes of this Act, (1) Authorized motor vehicles are defined as sedans, pickup 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 82. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to [Illegible Text] total of the Federal grant funds available in excess [Illegible Text] amounts of such funds appropriated in the foregoing see of this Act, for the purpose of supplanting appropriated [Illegible Text] funds, which State funds shall thereupon be [Illegible Text] expenditure unless reappropriated by the Georgia [Illegible Text]. This provision shall not apply to project [Illegible Text] not appropriated in this Act. Section 83 . 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 amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Page 147

Section 84. Cost-of-Living Increases . This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $238,-582,477 for S.F.Y. 1986. Section 85. Provisions Relative to Section 43, State of Georgia General Obligation Debt Sinking Fund . Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $20,500.000 is specifically appropriated for the purpose of financing a highway construction program of the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, improvement, reconstruction and resurfacing of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $82,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 2 . Said Act is further amended by striking Section 93 in its entirety and by inserting in lieu thereof a new Section 93 to read as follows: Section 93. TOTAL STATE FUND APPROPRIATIONS State F. Y. 1986.....5,225,947,058. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 27, 1986.

Page 148

HEALTH PLANNING AGENCYSTATE HEALTH PLAN; RULES; CERTIFICATES OF NEED. Code Section 31-6-21.1 Amended. No. 796 (House Bill No. 1192). AN ACT To amend Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to rule-making procedures of the Health Planning Agency, so as to prohibit the applicability of the state health plan or rules of that agency to certain applications made prior to the effective date of that plan or those 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 . Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to rule-making procedures of the Health Planning Agency, is amended by adding at the end thereof a new subsection (i) to read as follows: (i) The state health plan or the rules establishing considerations, standards, or similar criteria for the grant or denial of a certificate of need pursuant to Code Section 31-6-42 shall not apply to any application for a certificate of need as to which, prior to the effective date of such plan or rules, respectively, the evidence has been closed following a full evidentiary hearing before the review board. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 4, 1986.

Page 149

SCHOOL BUSES4-H ACTIVITIES. Code Section 20-2-1074 Amended. No. 802 (House Bill No. 1560). AN ACT To amend Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regarding school buses, so as to authorize local school officials to allow the use of buses for 4-H activities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 22 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of state and local school officials regarding school buses, is amended by striking in its entirety Code Section 20-2-1074, relating to the transportation of the elderly and handicapped on school buses, and inserting in its place a new Code Section 20-2-1074 to read as follows: 20-2-1074. Notwithstanding any other provisions of law to the contrary, including Code Section 20-2-411, county and independent school systems may use school buses to provide transportation for the elderly, the handicapped, and 4-H activities if the cost of such transportation is reimbursed in full from federal, state, local, or other funds other than school funds. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 10, 1986.

Page 150

STATE OFFICERS AND EMPLOYEESLIABILITY INSURANCE AND SELF-INSURANCE; ABATEMENT AND REMOVAL OF ASBESTOS AND HAZARDOUS MATERIALS FROM STATE PROPERTY. Code Section 45-9-4 Amended. No. 812 (House Bill No. 1953). AN ACT To amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state liability insurance for public officers and employees, so as to provide for insuring and self-insuring liability of officers of the state for separate insurance and self-insurance in connection with abatement and removal of asbestos and other hazardous materials from state facilities; to provide for protection in certain circumstances; to provide for certain immunity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to state liability insurance for public officers and employees, is amended by striking Code Section 45-9-4, relating to state liability insurance and self-insurance, and inserting in lieu thereof a new Code Section 45-9-4 to read as follows: 45-9-4. (a) When the commissioner of administrative services determines that an adequate number of agencies, boards, bureaus, commissions, departments, or authorities of this state have requested him to do so, he shall have the authority to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the officers, officials, or employees of such agencies, boards, bureaus, commissions, departments, or authorities against personal liability for damages arising out of the performance of their duties or in any way connected therewith, under a master policy

Page 151

or on a blanket coverage basis with or without deductibles or excess coverage. In such event, the commissioner may alternatively retain all moneys paid to the Department of Administrative Services as premiums on such policies of liability insurance or contracts of indemnity, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve fund for the payment of such liability under, and the expenses necessary to administer properly, a self-insurance program. If the commissioner decides to institute a self-insurance program, he shall establish and maintain a reserve fund for the payment of liabilities arising out of claims against officers, officials, and employees of the state. The commissioner shall invest any such moneys in the same manner as other moneys in his possession. (b) The commissioner of administrative services shall establish and administer a program for insuring the officers and employees of agencies, boards, bureaus, commissions, departments, or authorities of this state, when such entities request him to do so, against liability in connection with abating or removing asbestos or other hazardous materials in public premises. For this purpose, the commissioner may purchase policies of liability insurance or contracts of indemnity insuring or indemnifying such officers and employees under a master policy or on a blanket coverage basis with or without deductibles or excess coverage. The commissioner may alternatively retain all premium moneys paid to the Department of Administrative Services for such purposes, all moneys received as interest, and all moneys received from other sources to establish and maintain a reserve fund for the payment of such liability and the expenses necessary to administer properly a program of self-insurance. The commissioner shall invest any such money in the same manner as other moneys in his possession. The funds for the insurance or self-insurance provided for in this subsection shall be designated the `Hazardous Materials Liability Reserve Fund,' and such fund and program shall be an undertaking separate and apart from the program of liability insurance and self-insurance provided for in subsection (a) of this Code section. (c) If the insurer of any liability policy purchased for the benefit of the officers and employees of the state or state

Page 152

authorities shall become or has become insolvent, be placed into receivership, be subject to any other delinquency or bankruptcy proceeding, cancel its policies, or take or have taken against it like actions, the commissioner of administrative services may protect such employees against loss by such means as he may determine, including without limitation, undertaking to cover, insure, or self-insure the corresponding liabilities and expenses, including without limitation claims, contingent claims, and incurred but unreported claims. However, the commissioner shall incur no obligation beyond funds available then for commitment to the obligation. For these purposes the commissioner may proceed against such insurer, its receiver, or other representative and any other appropriate person by means of the state's own claim or by assignment, subrogation, or otherwise. Section 2 . Said article is further amended by striking Code Section 45-9-5, relating to sovereign immunity, and inserting in lieu thereof a new Code Section 45-9-5 to read as follows: 45-9-5. Nothing in this article shall constitute a waiver of the immunity of the state from any action. The exercise of authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 12, 1986.

Page 153

HIGHWAYS, BRIDGES, AND FERRIESAWARD OF CONTRACTS BY THE DEPARTMENT OF TRANSPORTATION WHEN ONLY ONE BID IS RECEIVED. Code Section 32-2-69 Amended. No. 818 (House Bill No. 705). AN ACT To amend Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Department of Transportation, so as to provide procedures when only one bid is received on a project; to authorize the department to negotiate a contract under certain circumstances when only one bid is received; to authorize the department to negotiate a contract with the lowest reliable bidder under certain circumstances when the department made errors in the bidding documents; to authorize the department to award a contract to the next lowest reliable bidder if the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-2-69 of the Official Code of Georgia Annotated, relating to the award of contracts to the lowest reliable bidder by the Department of Transportation, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-2-69 to read as follows: 32-2-69. (a) The department shall award the contract to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project. (b) If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's

Page 154

cost estimate for the project as certified by the state highway engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is disclosed to the bidder prior to the beginning of the negotiations. (c) If the department made errors in the bidding documents which resulted in an unbalanced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed. (d) If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 12, 1986.

Page 155

CLAIMS ADVISORY BOARDMEMBERSHIP; QUORUM Code Section 28-5-60 Amended. No. 853 (House Bill No. 1314). AN ACT To amend Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, so as to provide that the commissioner of corrections serve on the board; to provide for a quorum necessary to transact official business; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 28-5-60 of the Official Code of Georgia Annotated, relating to creation of the Claims Advisory Board, is amended by striking in its entirety subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the commissioner of human resources, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the members shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 156

DEPARTMENT OF PUBLIC SAFETYDRIVERS' LICENSES; RECORDS; DISSEMINATION TO THE GEORGIA CRIME INFORMATION CENTER AND THE DEPARTMENT OF HUMAN RESOURCES; DELINQUENT CHILD SUPPORT RECOVERY. Code Section 40-5-2 Amended. No. 931 (Senate Bill No. 45). AN ACT To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to authorize the Department of Public Safety to disseminate certain information from its records to the Georgia Crime Information Center; to authorize the department to provide access to its records to the Department of Human Resources for the purpose of the enforcement of support obligations pursuant to Chapter 11 of Title 19 of the Official Code of Georgia Annotated; to restrict the use of such information; to authorize the Department of Public Safety to promulgate rules, regulations, or policies governing the means of affording access to such information; to authorize the Department of Public Safety to charge a reasonable fee to defray its expenses in providing access to its records; 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 . Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsections (f) and (g) in their entirety and substituting in lieu thereof new subsections (f), (g), and (h) to read as follows: (f) The department may, upon request, disseminate from its records to the United States Selective Service System

Page 157

and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information. (g) Notwithstanding any other provisions of this Code section, the department may, upon request, provide access to and disseminate information from its records, including compilations of the names and addresses of licensees or applicants for licenses, to the Department of Human Resources. Any information provided pursuant to this subsection shall be limited to only the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses and shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Chapter 11 of Title 19, known as the `Child Support Recovery Act.' Such information shall not be further disseminated for purposes other than the recovery of child support. The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information contained in its records. (h) Except as otherwise provided in this Code section, the department shall not furnish to any person any compilations of the names or addresses of licensees or applicants for licenses. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 158

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. CRIMINAL PROCEDURESTOLEN MOTOR VEHICLES; RETURN TO OWNERS. Code Section 17-5-50 Amended. No. 932 (Senate Bill No. 135). AN ACT To amend Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, so as to change the provisions relating to the return of stolen vehicles to persons evidencing ownership of such vehicles through certificates of title, tag receipts, bills of sale, or other such evidence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-5-50 of the Official Code of Georgia Annotated, relating to record of property alleged to be stolen, embezzled, or otherwise unlawfully obtained and return of property to rightful owner, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) If the person from whom custody of the property was taken fails to assert a claim to such property, upon any applicant furnishing satisfactory proof of ownership of such property and presentation of proper personal identification,

Page 159

the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered with the state revenue commissioner, any such stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. The stolen vehicle shall be returned to the person evidencing ownership within two days after such person makes application for the return of such vehicle unless a hearing on the ownership of such vehicle is required under this Code section or unless law enforcement needs the stolen vehicle for further criminal investigation purposes. Prior to such delivery, such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 160

NORTHEASTERN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 933 (Senate Bill No. 186). AN ACT To amend Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Northeastern Judicial Circuit; to provide for the initial appointment, election, and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Northeastern Judicial Circuit; to provide for the division of business among the three judges of the Northeastern Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for court-room and chamber space; to provide for an additional court reporter for said circuit; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (26) which reads as follows: (26) Northeastern Circuit..... 2, and inserting in its place a new paragraph (26) to read as follows: (26) Northeastern Circuit..... 3. Section 2 . The additional judge of the superior court for the Northeastern Judicial Circuit of Georgia shall be appointed

Page 161

by the Governor for a term beginning July 1, 1986, and expiring December 31, 1988. At the general election to be held in 1988, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1989, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia. Section 3 . The additional judge of the superior court for the Northeastern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the three judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. Section 4 . The compensation, salary, and contingent expense allowance of said additional judge of the superior court for the Northeastern Judicial Circuit of Georgia shall be the same as that of other judges of the superior courts of Georgia. The additional judge shall also be paid a county supplement by the counties composing said circuit in the same manner and to the same extent as the present superior court judges of said circuit are paid. Section 5 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Northeastern Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit. Section 6 . Upon and after qualifications of the additional judge of the superior court for the Northeastern Judicial Circuit of Georgia, the three judges of said court shall be authorized

Page 162

to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior court for the Northeastern Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling. Section 7 . The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided. Section 8 . The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. Section 9 . The three judges of the Northeastern Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensation as they see fit up to and including, but not exceeding, the remuneration of the present court reporters of the Northeastern Judicial Circuit as the same is now fixed or may hereafter be fixed. Section 10 . The governing authorities of the counties comprising the Northeastern Judicial Circuit are fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the three judges of the Northeastern Judicial Circuit upon the recommendation of said judges. Section 11 . An Act creating a second superior court judgeship for the Northeastern Judicial Circuit, approved April 4, 1967 (Ga. L. 1967, p. 290), is repealed in its entirety.

Page 163

Section 12 . For purposes of making the initial appointment of the third judge to fill the third judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective July 1, 1986. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. PIEDMONT JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 934 (Senate Bill No. 264). AN ACT To add one additional judge of the superior court for the Piedmont Judicial Circuit; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, so as to provide for such additional judge; to provide for the initial appointment and subsequent election of said judge; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges for each judicial circuit, is amended by striking paragraph (32) and inserting in its place a new paragraph to read as follows: (32) Piedmont Circuit..... 2.

Page 164

Section 2 . A second judge of superior court for the Piedmont Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 1986, and continuing until December 31, 1988, and until a successor is elected and qualified. Successors to such additional judge shall be elected in 1988 and quadrennially thereafter as provided by law. Section 3 . In transacting the business of the court and in performing their duties the two judges of Superior Court of Piedmont Judicial Circuit shall share, divide, and allocate the work and duties to be performed by them. In the event of any disagreement between the judges, the decision of the senior judge in time of service shall be controlling. Section 4 . This Act shall become effective July 1, 1986, except that the Governor may make the appointment called for by this Act at any time after this Act is approved by the Governor or becomes law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. GEORGIA PORTS AUTHORITYVENUE OF ACTIONS; SUPERIOR COURT OF CHATHAM COUNTY. Code Section 52-2-30 Amended. No. 935 (Senate Bill No. 338). AN ACT To amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Ports Authority Act, so as to change the provisions relating to venue; to provide that venue in all actions brought against the Georgia Ports Authority

Page 165

shall be in the Superior Court of Chatham County; 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 2 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Ports Authority Act, is amended by striking Code Section 52-2-30, relating to confirmation and validation of bonds of the Georgia Ports Authority and venue of actions to confirm and validate bonds or to enforce rights, and inserting in lieu thereof a new Code Section 52-2-30 to read as follows: 52-2-30. Bonds of the authority shall be confirmed and validated in accordance with the procedure of Chapter 82 of Title 36, the `Revenue Bond Law.' Any such action and any action to protect or enforce any rights under this chapter and any suit or action against the authority shall be brought in the Superior Court of Chatham County, which shall have exclusive original jurisdiction of such actions; provided however, the venue of an action for a tort shall be brought in the county wherein committed if the authority has a facility located therein, otherwise Chatham County. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to any suit or action filed on or after such date. The provisions of this Act shall not affect any suit or action filed prior to the effective date of this Act in the Superior Court of Fulton County. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 166

BAIL FOR CRIMINAL OFFENSESAGGRAVATED SODOMY. Code Section 17-6-1 Amended. No. 936 (Senate Bill No. 344). AN ACT To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail for criminal offenses, so as to add the offense of aggravated sodomy to the list of offenses which are bailable only before a judge of the superior court; to add aggravated sodomy to the list of offenses for which persons are not entitled to bail if they have previously been convicted of such an offense or are charged with such an offense; to add aggravated sodomy to the list of offenses for which no appeal bond shall be granted; 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 . Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail for criminal offenses, is amended by striking subsections (a) and (b) and inserting in their places new subsections to read as follows: 17-6-1. (a) The offenses of rape, aggravated sodomy, armed robbery, aircraft hijacking, treason, murder, and perjury and the offenses of giving, selling, offering for sale, bartering, trafficking, or exchanging of any Schedule I or II controlled substances are bailable only before a judge of the superior court; and the granting of bail is, in every case except as otherwise provided in subsection (b) of this Code section, a matter of sound discretion. All other offenses are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicated after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (b) (1) The following persons shall not be entitled to or released on bail:

Page 167

(A) Any person charged with committing a felony listed in paragraph (2) of this subsection who has previously been convicted of the commission of a felony listed in paragraph (2) of this subsection; (B) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on probation or parole with respect to a felony listed in paragraph (2) of this subsection; or (C) Any person charged with committing a felony listed in paragraph (2) of this subsection while such person is on bail or has been released on his own recognizance for a felony listed in paragraph (2) of this subsection. (2) The felonies to which paragraph (1) of this subsection apply are: (A) Murder; (B) Rape or aggravated sodomy; (C) Armed robbery; (D) Kidnapping; (E) Arson; (F) Burglary; (G) Aircraft hijacking; (H) Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or (I) Aggravated assault. Section 2 . Said Code section is further amended by striking subsection (d) and inserting in its place a new subsection to read as follows:

Page 168

(d) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, 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 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 3 . This Act shall become effective July 1, 1986, and shall apply to prosecutions commenced on or after said effective date. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. PUBLIC OFFICERSOATHS. Code Section 45-3-1 Amended. No. 937 (Senate Bill No. 347). AN ACT To amend Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, so as to provide that every public officer shall swear that he is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding; to repeal conflicting laws; and for other purposes.

Page 169

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-3-1 of the Official Code of Georgia Annotated, relating to oaths required of public officers, is amended by striking paragraph (4) of said Code section which reads as follows: (4) Swear that he is not the holder of any office of trust under the government of the United States except postmaster, nor of any one of the states, nor of any foreign state; , and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Swear that he is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he is by the laws of the State of Georgia prohibited from holding; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. GAME AND FISHDIP NETS; CAST NETS; THREADFIN SHAD; BLUEBACK HERRING; GIZZARD SHAD FOR BAIT. Code Section 27-4-5 Amended. No. 938 (Senate Bill No. 350). AN ACT To amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, so as

Page 170

to add threadfin shad and blueback herring as species that may be taken by dip net and to add cast nets as a means for taking certain species of fish; to 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 27-4-5 of the Official Code of Georgia Annotated, relating to methods for taking fish generally, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding subsection (a) of this Code section, dip nets and cast nets may be used to take threadfin shad, blueback herring, and gizzard shad for bait; and landing nets may be used to land fish legally caught. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 171

STATE COURTSSOLICITORS; RESIDENCY REQUIREMENTS. Code Section 15-7-24 Amended. No. 939 (Senate Bill No. 370). AN ACT To amend Code Section 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, so as to change the residency requirement for the office of solicitor of the state 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 15-7-24 of the Official Code of Georgia Annotated, relating to solicitors, is amended by striking subsection (b) which reads 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., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each solicitor of the state court shall, on the date he takes office, permanently reside in the geographic area in which he is selected to serve, shall as of such date be at least 25 years of age, and shall have been admitted to practice law in the State of Georgia for one year. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 172

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. GAME AND FISHFOOD FISH DEALERS; RESIDENT AND NONRESIDENT LICENSES; PENALTIES. Code Section 27-4-74.1 Enacted. No. 940 (Senate Bill No. 410). AN ACT To amend Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, so as to provide for a resident and nonresident food fish dealer license; to provide for definitions; to provide for the amount of such licenses; to provide that it shall be unlawful to engage in business as a food fish dealer without a license; to provide for certain exceptions; to provide for other matters relative to the foregoing; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to commercial fishing and fish dealers, is amended by adding between Code Section 27-4-74 and 27-4-75 a new Code Section 27-4-74.1 to read as follows: 27-4-74.1. (a) As used in this Code section, the term: (1) `Nonresident food fish dealer' means a person residing outside of the State of Georgia who at any time sells dead fish within this state for consumption as food,

Page 173

either directly to consumers as a retailer or to other persons for resale to consumers. (2) `Person' shall have the meaning specified by paragraph (50) of Code Section 27-1-2. (3) `Resident' shall have the meaning specified by paragraph (60) of Code Section 27-1-2. (4) `Resident food fish dealer' means a person residing within the State of Georgia who at any time sells dead fish within this state for consumption as food, either directly to consumers as a retailer or to other persons for resale to consumers. (b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to engage in business as a resident or nonresident food fish dealer without first obtaining an annual license from the department as follows: (1) Resident food fish dealer $ 50.00 (2) Nonresident food fish dealer 500.00 (c) A licensed commercial fish hatchery shall not be required to obtain the license required by this Code section to sell fish as authorized by Code Section 27-4-75. However, any person purchasing fish from a commercial fish hatchery under the authority of Code Section 27-4-75 who sells such fish for consumption as food within this state shall be required to obtain a license under this Code section. Any person shipping fish into this state under the authority of subsection (b) of Code Section 27-4-74 who sells such for consumption as food within this state shall be required to obtain a license under this Code section. Persons selling fish from fish ponds under the authority of subsection (c) of Code Section 27-4-74 shall not be required to obtain a license under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 174

GEORGIA COUNCIL FOR THE ARTSNAME CHANGED. Code Sections 50-1-3 and 50-12-20 through 50-12-26 Amended. No. 941 (Senate Bill No. 428). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to redesignate the Georgia Council for the Arts and Humanities as the Georgia Council for the Arts; to delete certain references to the humanities; to provide for related matters; 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 striking subsection (b) of Code Section 50-1-3, relating to the state poet laureate, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The poet laureate shall be appointed by the Governor from a list of three nominees submitted to him by the Georgia Council for the Arts. Section 2 . Said title is further amended by striking Article 2 of Chapter 12, relating to the Georgia Council for the Arts and Humanities, and inserting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 50-12-20. The General Assembly finds that the general welfare of the state will be promoted by giving recognition to the arts as a vital part of our culture and heritage; that with increasing leisure time, the practice and enjoyment of the arts are of increasing importance; and that many of our citizens lack the opportunity to view, enjoy, or participate in live theatrical performances, film making, photography,

Page 175

music, opera, dance, art exhibits, examples of fine architecture, and the performing and visual arts. The General Assembly finds that many of our citizens possess talents of an artistic and creative nature which are not currently utilized to the fullest extent; that broadened activity in the arts will increase employment in the state by encouraging additional cultural activity throughout the state, thus utilizing the talents and abilities of many more citizens; and that the standards of artistic performance will be further improved by continuing encouragement and support. The General Assembly, therefore, declares it to be the public policy of this state to encourage the development of the arts. 50-12-21. There is created an arts council to be known as the `Georgia Council for the Arts,' hereinafter referred to as the council. 50-12-22. (a) The council shall consist of 24 members to be appointed by the Governor. The members shall consist of two members from each congressional district and four members representing the state at large. All members shall have demonstrated an interest in the arts. Except for certain members who were appointed in 1979, the term of office of each member shall be three years. In 1979, eight members were appointed for terms of office of one year, eight members for terms of two years, and eight members for terms of three years. The initial appointments were made so that no more than one member from each congressional district or two state-at-large members' terms of office would expire in any one year. Vacancies shall be filled for unexpired terms in the same manner as the original appointment. Membership on the council shall be limited to two successive three-year terms, and a member may be reappointed after a lapse of one year. No member initially appointed to one-year or two-year terms of office shall be prohibited from serving two consecutive three-year terms of office. (b) Members shall be entitled to reimbursement for expenses incurred in the work of the council when authorized in advance by the director of the Office of Planning and Budget. (c) Active and continuing participation by members of the council is needed. Any member who fails to attend three

Page 176

regularly scheduled, consecutive meetings may be removed by the council. (d) A chairman shall be appointed annually by the Governor for a term ending on June 30 of the year following such appointment. (e) The council shall meet annually, or more often, on the call of the chairman. 50-12-23. The council shall advise the Governor through the Office of Planning and Budget concerning methods and programs to: (1) Stimulate and encourage the study and development of the arts as well as public interest and participation therein; (2) Encourage public interest in the cultural heritage of the state; (3) Expand the state's cultural resources; (4) Encourage and assist freedom of artistic expression essential for the well-being of the arts; (5) Assist the communities and organizations within the state in originating and creating their own cultural and artistic programs; and (6) Survey public and private institutions engaged within the state in cultural activities including, but not limited to, architecture, dance, folk arts and applied arts and crafts, literature, music, painting, photography, sculpture, and theater. 50-12-24. The council shall submit an annual report to the Governor concerning the appropriate methods to encourage participation in and appreciation of the arts in order to meet the legitimate needs and aspirations of persons in all parts of the state. 50-12-25. The Office of Planning and Budget shall have the powers and authority necessary to carry out the purposes

Page 177

established by this article, including, but not limited to, the powers: (1) To establish overall policy for grant awards, evaluations, and programs recommended by the council; (2) To hold hearings, make and sign any agreements, and do and perform any acts which may be necessary, desirable, or proper to carry out the purposes of this article; (3) To request from any department, division, board, bureau, commission, or other agency of the state such reasonable assistance and data as will enable it properly to carry out its powers and duties; (4) To accept, on behalf of the state, any federal funds granted by act of Congress or by executive order for all or any of the purposes of this article; and, upon appropriation by the General Assembly, to expend such funds for the purposes set forth in the appropriations Act; (5) To accept any grants, gifts, donations, or bequests for all or any of the purposes of this article; (6) To propose methods to encourage private initiative in the arts; and (7) To advise and consult with the Governor; the General Assembly; national foundations; and other local, state, and federal departments and agencies on methods to coordinate and assist existing resources and facilities, with the purpose of fostering artistic and cultural endeavors generally. 50-12-26. The director of the Office of Planning and Budget shall select and appoint such personnel as the director shall determine to be necessary to support the council and the programs undertaken pursuant to this article. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 178

GOVERNORAGREEMENTS WITH OTHER STATES TO FACILITATE IMPLEMENTATION AND ADMINISTRATION OF FEDERAL GRANT PROGRAMS. Code Section 45-12-40 Enacted. No. 942 (Senate Bill No. 429). AN ACT To amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to authorize the Governor or his designee to enter into agreements with officials from other states for the purpose of facilitating implementation and administration of federal grant programs administered by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, is amended by adding at the end thereof a new Code Section 45-12-40 to read as follows: 45-12-40. For the purpose of establishing and administering federal grant programs administered by the State of Georgia, the Governor or his designee is authorized to cooperate with or enter into agreements with any official of another state. The Governor or his designee is authorized to enter into contracts and perform all things necessary in his discretion to secure to this state and citizens of this state the benefits of federal grant programs. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 179

BOARD OF CORRECTIONSEXPENSES OF MEMBERS. Code Section 42-2-2 Amended. No. 943 (Senate Bill No. 437). AN ACT To amend Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, so as to provide to members of the Board of Corrections reimbursement for expenses incurred for travel to and attendance at authorized committee meetings out of the state; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-2-2 of the Official Code of Georgia Annotated, relating to members of the Board of Corrections, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) Each member of the Board of Corrections shall receive the sum provided for by Code Section 45-7-21 for each day of actual attendance at meetings of the board and for each day of travel as a member of a committee of the board. In addition, upon recommendation by the chairman or the board, each member shall receive for out-of-state travel actual expenses incurred in connection therewith and 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. Such sums, expenses, and costs shall be paid from funds appropriated or otherwise available to the Department of Corrections. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 180

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. AD VALOREM TAXATION OF MOTOR VEHICLESDRIVER EDUCATIONAL MOTOR VEHICLE REDEFINED. Code Section 48-5-440 Amended. No. 944 (Senate Bill No. 474). AN ACT To amend Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, so as to change the provisions of the definition of driver educational motor vehicle; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-440 of the Official Code of Georgia Annotated, relating to definitions used in connection with the ad valorem taxation of motor vehicles and motor homes, is amended by striking paragraph (1) in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this state for use by the school in a program of driver education when the assignment is authorized and approved by the local board of education. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986.

Page 181

MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAMDEFINITIONS; ADMINISTRATION; MOTORCYCLE SAFETY COORDINATOR; INSTRUCTOR TRAINING COURSE; EFFECTIVE DATES. Code Title 40, Chapter 15 Amended. No. 945 (Senate Bill No. 477). AN ACT To amend an Act amending Title 40 of the Official Code of Georgia Annotated and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), so as to change a certain definition; to change provisions relating to the administration of the program; to provide duties for the Board of Public Safety; to change provisions relating to the course on motorcycle operator safety; to provide qualifications for the Motorcycle Safety Coordinator; to change the provisions relating to the instructor training course; to provide an effective date; to provide for the applicability of such effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act amending Title 40 of the Official Code of Georgia Annotated and providing for a motorcycle operator safety training program, approved March 21, 1984 (Ga. L. 1984, p. 644), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: 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: (1) Board means the Board of Public Safety.

Page 182

(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 board, shall be authorized to set up, establish, and operate additional motorcycle operator safety training programs. (b) Any such programs shall provide courses on motorcycle operator safety. The programs 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 board 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,

Page 183

requirements, and conditions under which students may be received for instruction in any such program. 40-15-4. (a) The board 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. The coordinator must hold a valid Class 2 driver's license and be a certified Motorcycle Safety Foundation Instructor. (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 board 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 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 periodically based on the applications received and the need for instructors, and an examination fee prescribed by the coordinator shall be charged;

Page 184

(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 its approval by the Governor or upon its becoming law without such approval; provided, however, that no provision of this Act shall affect or supersede Section 2 of the said 1984 Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. MOTOR VEHICLE DRIVERS' LICENSESSUSPENSION FOR FAILURE TO RESPOND TO CITATIONS; REINSTATEMENT; PAYMENT OF FINES AND RESTORATION FEES. Code Section 40-5-56 Amended. No. 946 (Senate Bill No. 551). AN ACT To amend Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, so as to provide for the reinstatement of licenses; to provide for restoration fees; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 185

Section 1 . Code Section 40-5-56 of the Official Code of Georgia Annotated, relating to suspension of licenses or driving privileges for failure to respond to citations, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) The suspension provided for above shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $25.00 to the Department of Public Safety. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 18, 1986. DR. W. K. SMITH HIGHWAY DESIGNATED. No. 54 (Senate Resolution No. 339). A RESOLUTION Designating that portion of State Highway 67 in the unincorporated area of Bryan County as the Dr. W. K. Smith Highway; and for other purposes. WHEREAS, Dr. W. K. Smith of Pembroke, Georgia, served the people of his community throughout his professional career as a physician providing expert care and counseling regarding their physical health; and WHEREAS, in addition to his medical practice, Dr. Smith served as a member of the Georgia House of Representatives during the 1920's and again in the 1940's and 1950's; and

Page 186

WHEREAS, his public service also included serving as mayor of Pembroke, member of the aldermanic board, member of the board of education, and serving on the State Board of Medical Examiners and the State Board of Public Welfare; and WHEREAS, it is appropriate that his contributions as a civic and community leader be honored by designating that portion of State Highway 67 in unincorporated Bryan County as the Dr. W. K. Smith Highway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 67 in the unincorporated portion of Bryan County be dedicated in honor of Dr. W. K. Smith in memory of his service to the people of Bryan County and the State of Georgia. BE IT FURTHER RESOLVED that the Department of Transportation is directed to place and maintain appropriate markers along that portion of State Highway 67 in unincorporated Bryan County designating it as the Dr. W. K. Smith Highway. Approved March 18, 1986. JOHN C. BEASLEY BRIDGE DESIGNATED. No. 55 (Senate Resolution No. 436). A RESOLUTION Designating the John C. Beasley Bridge; and for other purposes. WHEREAS, John C. Beasley was a native of Tattnall County and served as a councilman and later as chairman of the board of commissioners of Tattnall County; and

Page 187

WHEREAS, his public service included serving as the mayor of Glennville, as a member of the House of Representatives for eight years, as a member of the Senate for two years, and as chairman of the Tattnall County Democratic Executive Committee; and WHEREAS, in addition to his active participation in the political affairs of Tattnall County, John Beasley was appointed to the position of superintendent of the Banking Department of Georgia, which he held for ten years, and he also was a former director of the Georgia State Highway Department; and WHEREAS, the replacement to the first wooden bridge across the Altamaha River was dedicated to John C. Beasley in 1955 and that bridge has been replaced by a new structure; and WHEREAS, it is only fitting that the new bridge on Georgia Highway 144 crossing the Altamaha River be named and designated as the John C. Beasley Bridge in recognition of the special contributions he made to improve the quality of life for the citizens of Tattnall County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Georgia Highway 144 which crosses the Altamaha River is named and designated the John C. Beasley Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating the bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to forward an appropriate copy of this resolution to Mr. John D. Kicklighter of Glennville, Georgia, the grandson of Mr. John C. Beasley. Approved March 18, 1986.

Page 188

GOVERNOR'S COMMISSION ON BLACK ON BLACK CRIMECREATION. No. 56 (Senate Resolution No. 334). A RESOLUTION Creating the Governor's Commission on Black on Black Crime; and for other purposes. WHEREAS, the number of crimes committed by black persons against other black persons is substantially higher than any other combination of crimes committed by one ethnic group against another; and WHEREAS, this pattern of excessive black on black crime has existed in the United States for many years and is continuing at an increasing rate; and WHEREAS, there should be a systematic study to determine the reasons for the high level of black on black crime to the end that once the reasons are understood, effective measures may be taken or encouraged by the state government to substantially reduce black on black crime. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Criminal Justice Coordinating Council is authorized and directed to gather statistics and other information relative to black on black crime and to prepare a report of its findings for presentation to the Governor's Commission on Black on Black Crime. The director of the Criminal Justice Coordinating Council shall notify the Governor when the report has been published for presentation to the Governor's Commission on Black on Black Crime. BE IT FURTHER RESOLVED that there is created the Governor's Commission on Black on Black Crime. The commission shall consist of 15 members appointed by the Governor. The Governor shall not appoint the members to such commission until the director of the Criminal Justice Coordinating Council has notified the Governor of the conclusion of the council's work as provided in the preceding paragraph. At least three members

Page 189

of the commission shall be professionals in the fields of criminal justice or social services with a special knowledge of the incidence of black on black crime. The Governor may appoint members of the General Assembly and state officers or employees to such commission. The Governor shall designate the chairperson of the commission, who shall call the organizational meeting of the commission. At the organizational meeting, the commission shall elect from its own membership such officers, in addition to the chairperson designated by the Governor, as the commission deems necessary. The commission may designate subcommittees of its membership in carrying out its duties. All members of the commission shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the commission shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. Members of the commission who are state officials or employees shall be reimbursed for such expenses from the funds of their respective state departments or agencies. All members of the commission except state officials and employees and members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the office of the Governor. The commission may meet at such times and places within the State of Georgia as the commission deems necessary. Any out-of-state travel or meeting of the commission or of any members of the commission must be approved by the Governor prior to such travel. BE IT FURTHER RESOLVED that it shall be the duty of the commission to make a study of factors relating to the high incidence of black on black crime to determine the reasons therefor. The commission may meet or consult with such persons as may be able to assist the commission in carrying out its duty. With the prior approval of the Governor, the commission may reimburse the travel and other expenses of persons from out-of-state who appear before or meet with the commission to provide information relative to the commission's study. BE IT FURTHER RESOLVED that the commission shall, upon completion of its study, issue its report thereon to the Governor and to the General Assembly, at which time the commission

Page 190

shall stand abolished. Any vacancy which occurs on the commission prior to the issuance of the commission's report shall be filled by appointment of the Governor. If any legislative member of the commission ceases to be a member of the General Assembly, a vacancy shall be created on the commission and the Governor shall appoint a successor from the General Assembly. BE IT FURTHER RESOLVED that the funds necessary to carry out the provisions of this resolution shall come from funds appropriated or available to the office of the Governor, except as otherwise provided by this resolution. Approved March 20, 1986. R. E. CHAMBERS MEMORIAL BRIDGE DESIGNATED. No. 57 (Senate Resolution No. 292). A RESOLUTION Designating the R. E. Chambers Memorial Bridge; and for other purposes. WHEREAS, Mr. R. E. Chambers was a distinguished citizen of Murray County and the State of Georgia; and WHEREAS, he served 12 years as the Clerk of County Court of Murray County, two years as mayor of the City of Chatsworth, and two years as clerk of that city; and WHEREAS, he presided over the Cohutta Bank beginning in 1936, became its chairman of the board in 1967, and became chairman emeritus in 1980; and WHEREAS, his civic activities included being a Shriner, a Fifty-year Mason, a charter member of the Chatsworth Lions

Page 191

Club, and involvement with Chatsworth Enterprises, a group which promoted tourism and industry in Murray County in the 1950's; and WHEREAS, he was the husband of the late Laura Worley Chambers and the father of two daughters, Mrs. Irene Greeson and Mrs. Louise Miller; and WHEREAS, in recognition of his many contributions to the business, civic, and political life of his community, it is fitting and proper to designate a bridge in his memory. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate that bridge on U. S. Highway 411 over Rock Creek and approximately five miles south of the City of Chatsworth in Murray County as the R. E. Chambers Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation. Approved March 20, 1986.

Page 192

JUVENILESDESIGNATED FELONY ACTS; DISCHARGE FROM CUSTODY OF THE DIVISION OF YOUTH SERVICES; MOTIONS; TIME LIMITS. Code Section 15-11-37 Amended. No. 947 (House Bill No. 14). AN ACT To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that certain discharges from the custody of the Division of Youth Services shall not be made prior to the expiration of one year of custody; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by striking in its entirety subparagraph (e)(2)(C) and inserting in its place a new subparagraph (e)(2)(C) to read as follows: (C) The juvenile shall not be discharged from the custody of the division unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 193

STATE PATROL DISCIPLINARY BOARDMEMBERSHIP. Code Section 35-2-48 Amended. No. 948 (House Bill No. 460). AN ACT To amend Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, so as to change the provisions relating to the composition of the State Patrol Disciplinary Board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-2-48 of the Official Code of Georgia Annotated, relating to the composition of the State Patrol Disciplinary Board and hearings by the board, is amended by striking in its entirety subsection (a), which reads as follows: (a) The State Patrol Disciplinary Board shall be composed of the commanding officer, a captain, a lieutenant, a sergeant, a corporal, and a trooper with those members below the rank of commanding officer being appointed by the commissioner to serve for a period of six months and being changed each six months. Where charges are preferred against a communications officer or a driver license examiner, the disciplinary board shall also include either one communications officer or one driver license examiner, depending upon the classification of the person against whom charges are preferred., and inserting in lieu thereof a new subsection (a) to read as follows: (a) The State Patrol Disciplinary Board shall be composed of the commanding officer as chairman and six sworn members of equal or greater rank than the individual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of

Page 194

the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the commanding officer as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be appointed as needed and the members of such board shall serve at the pleasure of the commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. RACCOON FUR SELLER'S LICENSE FEE. Code Section 27-2-23.1 Amended. No. 949 (House Bill No. 846). AN ACT To amend Code Section 27-2-23.1 of the Official Code of Georgia Annotated, relating to the raccoon fur seller's license, so as to change the amount of the annual license fee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-2-23.1 of the Official Code of Georgia Annotated, relating to the raccoon fur seller's license, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In addition to the fur dealers' licenses provided for in Code Section 27-2-23, the department shall issue a raccoon fur seller's license for an annual fee of $5.00. A person to

Page 195

whom a raccoon fur seller's license has been issued shall be authorized to sell the raw, undressed furs, hides, skins, or pelts of raccoons lawfully taken by any means other than by trapping. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. INTEREST AND USURYINTEREST RATE ON JUDGMENTS. Code Section 7-4-12 Amended. No. 950 (House Bill No. 1120). AN ACT To amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to change the rate 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 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 7-4-12 to read as follows: 7-4-12. All judgments in this state shall bear interest upon the principal amount recovered at the rate of 12 percent per year unless the judgment is rendered on a written contract or obligation providing for interest at a specified rate, in which case the judgment shall bear interest at the rate specified in such contract or obligation.

Page 196

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. GEORGIA SAFE DAMS ACT OF 1978EXEMPTION FROM COVERAGE OF CERTAIN DAMS EXTENDED. Code Section 12-5-372 Amended. No. 951 (House Bill No. 1143). AN ACT To amend Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, so as to extend the exemption from coverage under the article for certain dams; 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 5 of Title 12 of the Official Code of Georgia Annotated, relating to rivers and river basins, is amended by striking division (4)(B)(ii) of Code Section 12-5-372, relating to definitions under the Georgia Safe Dams Act of 1978, and inserting in lieu thereof a new division (4)(B)(ii) to read as follows: (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, 1990, for all such dams over

Page 197

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;. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. FOODADULTERATION OR MISBRANDING; TAGS OR MARKINGS. Code Section 26-2-38 Amended. No. 952 (House Bill No. 1171). AN ACT To amend Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, so as to change the provisions relating to affixing tags or markings to food which is suspected of being misbranded; to change the requirements of the misbranding of food; 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:

Page 198

Section 1 . Code Section 26-2-38 of the Official Code of Georgia Annotated, relating to detention or embargo of adulterated or misbranded food, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without permission. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. MAGISTRATE COURT CONSTABLESMINIMUM AGE. Code Section 15-10-101 Amended. No. 953 (House Bill No. 1220). AN ACT To amend Code Section 15-10-101 of the Official Code of Georgia Annotated, relating to constables of magistrate courts, so as to require that constables be at least 21 years of age prior to assuming the duties of a constable; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 199

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-10-101 of the Official Code of Georgia Annotated, relating to constables of magistrate courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-10-101 to read as follows: 15-10-101. (a) Except as provided in subsection (b) of this Code section, the eligibility for constable is the same as for magistrate. (b) Each constable shall have attained the age of at least 21 years prior to the date of his assuming the duties of constable. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 200

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESLETTERS OF ADMINISTRATION; SURVIVING SPOUSES. Code Section 53-6-24 Amended. No. 954 (House Bill No. 1228). AN ACT To amend Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules for granting letters of administration, generally, so as to provide an exception to a surviving spouse's entitlement to those letters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-6-24 of the Official Code of Georgia Annotated, providing for rules for granting letters of administration, generally, is amended by striking paragraph (1) thereof and inserting in its place a new paragraph to read as follows: (1) The surviving spouse, irrespective of age, shall be first entitled, unless an action for divorce or separate maintenance was pending between the deceased and the surviving spouse at the time of the death;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 201

MOTOR VEHICLE LICENSE PLATESWESLEYAN COLLEGE SESQUICENTENNIAL. Code Section 40-2-29.4 Enacted. No. 955 (House Bill No. 1258). 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 sesquicentennial of the founding of Wesleyan College; 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 immediately following Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows: 40-2-29.4 (a) By an Act approved December 23, 1836 (Ga. L. 1836, p. 101) by Governor William Schley, a charter having been granted to a college `by the name of the Georgia Female College, ' there shall be issued in 1987 special license plates to commemorate the sesquicentennial of the founding of that college which later became known as Wesleyan College. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the sesquicentennial of Wesleyan College. 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 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with

Page 202

the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 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, 1987, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 203

ASSISTANT DISTRICT ATTORNEYSCOMPENSATION; LL.M. DEGREES. Code Section 15-18-14 Amended. No. 956 (House Bill No. 1277). AN ACT To amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to provide a definition; to provide that any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified; to provide for the salary advance of an assistant district attorney who attains an LL.M. degree; 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 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by inserting immediately following paragraph (3) of subsection (a) a new paragraph, to be designated paragraph (3.1), to read as follows: (3.1) `LL.M. degree' means a masters in law awarded by a law school accredited by the American Bar Association and the Association of American Law Schools in a field of study which has been approved by the Prosecuting Attorneys' Council of Georgia. Section 2 . Said Code section is further amended by striking from the end of subparagraph (f)(2)(D) the word and, by replacing the period at the end of subparagraph (f)(2)(E) with the symbol and word; and, and by adding a new subparagraph (f)(2)(F) to read as follows: (F) Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to

Page 204

a J.D. or LL.B. degree, an LL.M. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified. Section 3 . Said Code section is further amended by striking in its entirety subsection (h) and inserting in its place a new subsection (h) to read as follows: (h) All salary advancements shall be based on quality of work, education, 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; provided, however, that any attorney who, subsequent to his appointment pursuant to this Code section, attains an LL.M. degree, may be advanced two salary steps effective on the first day of the calendar month following the award of the LL.M. degree. No attorney's salary shall be increased beyond the maximum of the salary range applicable to the attorney's class. Any reduction in salary shall be made in accordance with steps in the salary schedule provided for by subsection (e) of this Code section. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 205

LOCAL GOVERNMENT INVESTMENT POOLSBODIES CREATED FOR A PUBLIC PURPOSE; INVESTMENTS. Code Sections 36-83-2, 36-83-4, and 36-83-8 Amended. No. 957 (House Bill No. 1349). AN ACT To amend Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, so as to authorize certain other bodies created for a public purpose which obtain the approval of the State Depository Board to use the investment pool; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 83 of Title 36 of the Official Code of Georgia Annotated, relating to local government investment pools, is amended by striking paragraph (2) and paragraph (3) of subsection (b) of Code Section 36-83-2, relating to legislative purposes and findings, and inserting in lieu thereof a new paragraph (2), paragraph (3), and paragraph (4) to read as follows: (2) Establish a state administered pool for the investment of local government funds; (3) Authorize the investment of local public funds through the local government investment pool created by this chapter; and (4) Permit, upon approval by the State Depository Board, any body created for a public purpose to invest funds through the local government investment pool. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 36-83-4, relating to investments by public entities, generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Subject to the procedures set forth in this chapter, the governing authority of any local government

Page 206

may invest and reinvest any money subject to its control and jurisdiction in: (A) Obligations of this state or of other states; (B) Obligations issued by the United States government; (C) Obligations fully insured or guaranteed by the United States government or a United States government agency; (D) Obligations of any corporation of the United States government; (E) Prime bankers' acceptances; (F) The local government investment pool established by Code Section 36-83-8; (G) Repurchase agreements; and (H) Obligations of other political subdivisions of this state. (2) Subject to the procedures set forth in this chapter, any other body created for a public purpose may, upon obtaining prior approval of the State Depository Board, invest and reinvest any money subject to its control and jurisdiction in the local government investment pool established by Code Section 36-83-8. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 36-83-8, relating to the local government investment pool, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A local government investment pool is created, consisting of the aggregate of all funds from local governments and all funds from other bodies created for a public purpose which the State Depository Board has agreed to accept that are placed in the custody of the state for investment and reinvestment as provided in this chapter.

Page 207

Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACTBAD CHECKS, DRAFTS, OR ORDERS; FEES. Code Section 10-1-7 Amended. No. 958 (House Bill No. 1353). AN ACT To amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under The Retail Installment and Home Solicitation Sales Act, so as to change the fee that a retail seller may charge a buyer for checks, drafts, or orders which are not honored by the drawee for the payment of money on any bank or other depository; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under The Retail Installment and Home Solicitation Sales Act, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

Page 208

(b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a fee not to exceed $15.00 or 5 percent of the face amount of the check, draft, or order, whichever is greater, may be charged to the buyer and will be added to the unpaid balance on the buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 209

CRIMES AND OFFENSESBAD CHECKS; CHARGES. Code Section 16-9-20 Amended. No. 959 (House Bill No. 1354). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, so as to standardize the charges which may be imposed for the issuance of bad checks; 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 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, is amended by striking subsections (a) and (i) of said Code section in their entirety and substituting in lieu thereof new subsections (a), (i), and (j) to read as follows: (a) A person commits the offense of criminal issuance of a bad check when he makes, draws, utters, or delivers a check, draft, or order for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if: (1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered; (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, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:

Page 210

(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 $, 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 (3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within a reasonable time of dishonor to the address printed on the instrument or given by the accused at the time of issuance of the instrument. (i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives a check, draft, negotiable order of withdrawal, or like instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or

Page 211

other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad check charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state. (j) For purposes of this Code section, no service charge or bad check charge shall exceed $15.00 or 5 percent of the face amount of the check, whichever is greater. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. MOTOR VEHICLE LICENSE PLATESGEORGIA INSTITUTE OF TECHNOLOGY CENTENNIAL LICENSE PLATES. Code Section 40-2-29.2 Amended. No. 960 (House Bill No. 1360). AN ACT To amend Code Section 40-2-29.2 of the Official Code of Georgia Annotated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, so as to extend the time of issuance of such license plates; to provide for fees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 212

Section 1 . Code Section 40-2-29.2 of the Official Code of Georgia Annotated, relating to license plates commemorating the centennial of the Georgia Institute of Technology, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (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 special license plates to commemorate the centennial of the founding of the Georgia Institute of Technology. Section 2 . Said Code section is further amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) In calendar years 1985 through 1989, 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 $25.00 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. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 213

CLERKS OF SUPERIOR COURTSANNUAL TRAINING; REIMBURSEMENT BY COUNTIES OF EXPENSES. Code Section 15-6-50 Amended. No. 961 (House Bill No. 1368). AN ACT To amend Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, so as to change the number of hours of annual training for clerks; to provide for reimbursement by counties of expenses of training; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-50 of the Official Code of Georgia Annotated, relating to terms of office, qualifications, and training for clerks of superior courts, is amended by striking in its entirety paragraph (3) of subsection (c) and inserting in its place a new paragraph (3) to read as follows: (3) Effective July 1, 1983, after the initial year of training as required in paragraph (1) of this subsection, each clerk of the superior court shall complete 15 hours of additional training per annum during each year in which he serves as a clerk of the superior court and shall file a certificate of additional training issued by the Institute of Continuing Judicial Education of Georgia with the judge of the probate court in his county. For each year the training requirements of this paragraph are not completed and the certificate is not placed on file, the clerk of the superior court will not receive credit for that year of service for determining eligibility for retirement under the Superior Court Clerks' Retirement Fund of Georgia; provided, however, that, if a clerk fails to take the required training in any given year, he may, upon written notice to the Superior Court Clerks Training Council, make up such deficiency in the next succeeding year and file the appropriate certificate of additional training with the judge of the probate court.

Page 214

Section 2 . Said Code section is further amended by striking in its entirety paragraph (5) of subsection (c) and inserting in its place a new paragraph (5) to read as follows: (5) All reasonable expenses of training authorized or required by this subsection, including any tuition which may be fixed by the Institute of Continuing Judicial Education of Georgia, shall be paid by the clerk taking the training but shall be reimbursed from county funds by the county governing authority. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. BANKING AND FINANCEREPORTS OF CURRENCY TRANSACTIONS; DEFINITIONS; AMOUNTS; ENFORCEMENT. Code Sections 7-1-911 and 7-1-912 Amended. No. 962 (Senate Bill No. 330). AN ACT To amend Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, so as to change the definition of the term financial institution as it relates to records and reports of currency transactions; to change the amount of a deposit which a financial institution is required to notify the department of by telephone or wire; to authorize the commissioner in his discretion to exercise the authority granted in Code Section 7-1-64; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 215

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 11 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to records and reports of currency transactions, is amended by striking subparagraphs (D) and (E) and by adding a new subparagraph (F) at the end of paragraph (4) of Code Section 7-1-911, relating to definitions pertaining to records and reports of currency transactions, so that when so amended subparagraphs (D), (E), and (F) of paragraph (4) shall read as follows: (D) A state or federal credit union; (E) An international bank agency doing business in this state on April 1, 1975, pursuant to the former `International Bank Agency Act,' approved April 6, 1972 (Ga. L. 1972, p. 1140), or authorized to do business in this state pursuant to Article 5 of this chapter; or (F) A licensee under Article 4 of this chapter and such other persons as may be engaged in the business of cashing checks for a fee unless performed incidental to the sale of goods or services. Section 2 . Said article is further amended by striking Code Section 7-1-912, relating to records and reports of certain currency transactions and regulations by the department, in its entirety and substituting in lieu thereof a new Code Section 7-1-912 to read as follows: 7-1-912. (a) Every financial institution shall keep a record of currency transactions in excess of $10,000.00 and shall file with the department within 15 days of the date of the transaction pursuant to regulations prescribed by the commissioner a complete report of such currency transactions in excess of $10,000.00, provided the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $50,000.00. (b) The commissioner shall prescribe such regulations as he may deem appropriate to carry out the purposes of

Page 216

this article and to provide for exemption of such transactions as the commissioner determines are clearly of a legitimate nature for which mandatory reporting would serve no useful purpose. (c) The commissioner in his discretion may exercise the authority granted in Code Section 7-1-64 to assure that financial institutions subject to this article are in compliance herewith. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. EDUCATIONAPPEALS FROM DECISIONS OF LOCAL BOARDS OF EDUCATION; WRITTEN NOTICES OF DECISIONS AND RIGHT TO APPEAL. Code Section 20-2-1160 Amended. No. 963 (Senate Bill No. 416). AN ACT To amend Code Section 20-2-1160 of the Official Code of Georgia Annotated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, so as to provide for notification to the parties in writing of decisions and the right to appeal decisions and of the procedures and requirements of the appellate process; to provide for matters related to the foregoing; to repeal conflicting laws; and for other purposes.

Page 217

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-1160 of the Official Code of Georgia Annotated, relating to appeals from the decisions of a local school board regarding the construction and administration of school law, is amended by striking subsections (a) through (c) of said Code section and inserting in lieu thereof new subsections (a) through (c) to read as follows: (a) Every county, city, or other independent board of education shall constitute a tribunal for hearing and determining any matter of local controversy in reference to the construction or administration of the school law, with power to summon witnesses and take testimony if necessary. When such local board has made a decision, it shall be binding on the parties; provided, however, that the board shall notify the parties in writing of the decision and of their right to appeal the decision to the State Board of Education and shall clearly describe the procedure and requirements for such an appeal which are provided in subsection (b) of this Code section. (b) Any party aggrieved by a decision of the local board rendered on a contested issue after a hearing shall have the right to appeal therefrom to the State Board of Education. The appeal shall be in writing and shall distinctly set forth the question in dispute, the decision of the local board, and a concise statement of the reasons why the decision is complained of; and the party taking the appeal shall also file with the appeal a transcript of testimony certified as true and correct by the local school superintendent. The appeal shall be filed with the superintendent within 30 days of the decision of the local board, and within ten days thereafter it shall be the duty of the superintendent to transmit a copy of the appeal together with the transcript of evidence and proceedings, the decision of the local board, and other matters in the file relating to the appeal to the state board. The state board shall adopt regulations governing the procedure for hearings before the local board and proceedings before it. (c) Where an appeal is taken to the state board, the state board shall notify the parties in writing of its decision

Page 218

within 25 days after hearing thereon and of their right to appeal the decision to the superior court of the county wherein the local board of education is located and shall clearly describe the procedure and requirements for such an appeal which are provided in this subsection and in subsection (d) of this Code section. Any party aggrieved thereby may appeal to the superior court of the county wherein the local board of education is situated. Such appeal shall be filed in writing within 30 days after the decision of the state board. Within ten days after filing of such appeal, it shall be the duty of the State School Superintendent to transmit to the superior court a copy of the record and transcript sent up from the local board as well as the decision and any order of the state board, certified as true and correct. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. CRIMINAL PROCEDURESENTENCING OF FIRST OFFENDERS; ENTRY OF ADJUDICATIONS OF GUILT; REVIEW OF CRIMINAL RECORDS. Code Section 42-8-60 Amended. No. 964 (Senate Bill No. 442). AN ACT To amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to sentencing for first offenders, so as to provide for when a judge may enter an adjudication of guilt; to provide that the court shall not sentence a defendant as a first offender or discharge such defendant unless the court has reviewed the defendant's criminal record; to repeal conflicting laws; and for other purposes.

Page 219

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to sentencing for first offenders, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) and a new subsection (c) to read as follows: (b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself of this article on more than one occasion. (c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 220

ELECTIONSPRESIDENTIAL PREFERENCE PRIMARY; DATE. Code Sections 21-2-191 and 21-2-192 Amended. No. 965 (Senate Bill No. 455). AN ACT To amend Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Presidential Preference Primary Law, so as to change the provisions relating to the date of the presidential preference primary; to provide a date certain for the presidential preference primary; to change the provisions relating to the proclamation of the presidential preference primary by the Governor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Presidential Preference Primary Law, is amended by striking Code Section 21-2-191 in its entirety and inserting in lieu thereof a new Code Section 21-2-191 to read as follows: 21-2-191. As provided in this article, a presidential preference primary shall be held in 1988 and every four years thereafter for each political party or body which has cast for its candidates for President and Vice President in the last presidential election more than 20 percent of the total vote cast for President and Vice President in the state, so that the electors may express their preference for one person to be the candidate for nomination by his party or body for the office of President of the United States; provided, however, that no elector shall vote in the primary of more than one political party or body in the same presidential preference primary. Such primary shall be held on March 8, 1988, and on the second Tuesday in March every four

Page 221

years thereafter. A state political party or body may by rule choose to elect any portion of its delegates to that party's or body's presidential nominating convention in the primary; and, if a state political party or body chooses to elect any portion of its delegates, such state political party or body shall establish the qualifying period for those candidates for delegate and delegate alternate positions which are to be elected in the primary and for any party officials to be elected in the primary and shall also establish the date on which state and county party executive committees shall certify to the Secretary of State or the superintendent, as the case may be, the names of any such candidates who are to be elected in the primary. Section 2 . Said article is further amended by striking Code Section 21-2-192 in its entirety and inserting in lieu thereof a new Code Section 21-2-192 to read as follows: 21-2-192. It shall be the duty of the Governor to issue his proclamation for such presidential preference primary, a copy of which shall be transmitted promptly by the Secretary of State to the superintendent of each county. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 222

LIENSHOSPITALS AND NURSING HOMES. Code Section 44-14-470 Amended. No. 966 (Senate Bill No. 456). AN ACT To amend Code Section 44-14-470 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, so as to provide that the creation of such liens shall not be dependent upon the time elapsing from the date of injury to the date such care and treatment is provided; 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 . Code Section 44-14-470 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes for reasonable charges for the care and treatment of injured persons, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Any person, firm, hospital authority, or corporation operating a hospital or nursing home in this state shall have a lien for the reasonable charges for hospital or nursing home care and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of action and which necessitated the hospital or nursing home care, subject, however, to any attorney's lien. This subsection shall not be construed to interfere with the exemption from this part provided by Code Section 44-14-474. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to charges for care and treatment rendered on or after said effective date.

Page 223

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. MOTOR VEHICLE LICENSE PLATESMOREHOUSE COLLEGE; MERCER UNIVERSITY; MACON JUNIOR COLLEGE; VALDOSTA STATE COLLEGE. Code Sections 40-2-29.4, 40-2-29.5, 40-2-29.6, and 40-2-29.7 Enacted. No. 967 (Senate Bill No. 484). 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 founding of Morehouse College and for the issuance of a special license plate to commemorate the founding of Mercer University and for the issuance of a special license plate to commemorate the founding of Macon Junior College and for the issuance of a special license plate to commemorate the founding of Valdosta State College; 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 immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 and a new Code Section 40-2-29.6 and a new Code Section 40-2-29.7 to read as follows:

Page 224

40-2-29.4. (a) To commemorate the founding of Morehouse College there shall be issued in 1987 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Morehouse College. 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 years 1987 through 1989, 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 $25.00 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, 1987, 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. 40-2-29.5. (a) To commemorate the founding of Macon Junior College there shall be issued in 1987 special license plates to commemorate the founding of that university. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Macon Junior College. 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 years 1987 through 1989, 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 $25.00

Page 225

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, 1987, 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. 40-2-29.6. (a) To commemorate the founding of Mercer University there shall be issued in 1987 special license plates to commemorate the founding of that university (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Mercer University. 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 years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vihicle laws relating to registration and licensing of motor vehicles and upon the payment of a $25.00 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, 1987, 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.

Page 226

40-2-29.7. (a) To commemorate the founding of Valdosta State College there shall be issued in 1987 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Valdosta State College. 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 years 1987 through 1989, 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 $25.00 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, 1987, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986.

Page 227

SEPTIC TANKSINSTALLATION; BUILDING PERMITS; COUNTY BOARDS OF HEALTH; REGULATIONS. Code Section 31-3-5.1 Enacted. No. 969 (House Bill No. 1465). 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 authorize and require county boards of health to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated areas of counties; to provide requirements relative to county building permits and for certain county ordinances or resolutions in connection therwith; to provide for control over conflicting or inconsistent laws or rules or regulations of the Department of Human Resources; 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 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by adding immediately following Code Section 31-3-5 a new Code Section 31-3-5.1 to read as follows: 31-3-5.1. (a) In addition to the duties provided by Code Section 31-3-5, each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of septic tanks within the unincorporated area of the county. Such regulations shall include, but shall not be limited to, the following: (1) Specifying the locations within the unincorporated area of the county where septic tanks may be installed and the locations where such installation is prohibited; (2) Specifying the minimum lot size or land area which may be served by a septic tank;

Page 228

(3) The types of residences, buildings, or facilities which may be served by septic tanks; (4) Standards for the size and construction of septic tanks; (5) Permits for the installation of septic tanks prior to such installation; and (6) Inspection of septic tank installations prior to the completion of the installation. (b) No building permit for the construction of any residence, building, or other facility which is to be served by a septic tank shall be issued by or pursuant to the authority of a county governing authority unless the septic tank installation permit is in conformity with the rules and regulations of the county board of health adopted pursuant to the authority of subsection (a) of this Code section. No person, firm, corporation, or other entity shall install a septic tank in violation of the regulations of a county board of health adopted pursuant to the authority of subsection (a) of this section. Each county governing authority shall provide by ordinance or resolution for the enforcement of the provisions of this subsection. (c) The regulations of a county board of health adopted pursuant to the authority of subsection (a) of this Code section shall control over any conflicting or inconsistent rules or regulations of the Department of Human Resources adopted pursuant to Chapter 2 of this title or pursuant to any other law. To the extent that the provisions of this Code section are inconsistent or in conflict with the provisions of Chapter 2 of this title or any other law, the provisions of this Code section shall control over such inconsistent or conflicting laws. Section 2 . This Act shall be effective upon its approval by the Governor or upon its otherwise becoming law for the administrative purpose of county boards of health and county governing authorities adopting regulations and ordinances or resolutions pursuant to quoted Code Section 31-3-5.1 of Section 1 of this Act to become effective on July 1, 1986. This Act shall be effective for all purposes on July 1, 1986.

Page 229

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1986. ACT PROVIDING COMPENSATION OF OFFICERS OF COUNTIES OF 190,000-210,000 REPEALED. No. 1107 (House Bill No. 1554). AN ACT To repeal an Act entitled An Act to provide for the compensation of certain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1982 (Ga. L. 1982, p. 4382); to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act entitled An Act to provide for the compensation of certain officers of counties of this state having a population of not less than 190,000 nor more than 210,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 12, 1982 (Ga. L. 1982, p. 4382), is repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 230

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1986. APPLACHIAN JUDICIAL CIRCUITTERMS OF COURT. Code Section 15-6-3 Amended. No. 1110 (House Bill No. 1589). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the superior courts of the Appalachian Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, is amended by striking paragraph (2.1) thereof in its entirety and substituting in lieu thereof a new paragraph (2.1) to read as follows: (2.1) Appalachian Circuit : (A) Fannin CountySecond Monday in May and second Monday in November. (B) Gilmer CountySecond Monday in April and second Monday in October. (C) Pickens CountySecond Monday in March and second Monday in September.

Page 231

Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1986. WESTERN AND ATLANTIC RAILROADAMENDMENT OF LEASE TO SEABOARD SYSTEM RAILROAD, INC. No. 58 (House Resolution No. 500). A RESOLUTION Relating to the acceptance of the offer of the lessee, Seaboard System Railroad, Inc., successor by merger to the Louisville and Nashville Railroad Company, to amend the lease of the Western and Atlantic Railroad dated March 4, 1968, and approved by the General Assembly on March 4, 1968 (Ga. L. 1968, p. 54); to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on March 4, 1968, the State of Georgia executed an agreement to lease (lease) the Western and Atlantic Railroad to the Louisville and Nashville Railroad Company, for a term which commenced December 27, 1969, and which is scheduled to expire December 31, 1994; and WHEREAS, said lease was duly proposed by the State Properties Control Commission, successfully bid upon by the Louisville and Nashville Railroad Company as lessee, and approved for execution by the General Assembly on March 4, 1968 (Ga. L. 1968, p. 54), all of which was done in accordance with the then State Properties Control Code; and WHEREAS, Section 22 of said lease provides that the General Assembly may appoint such other authority as it may designate

Page 232

to perform duties on behalf of the state in connection with the lease; and WHEREAS, by action of the General Assembly, the State Properties Commission (Commission) has succeeded to the responsibilities of the former State Properties Control Commission with modified power and authority as provided particularly in paragraph (12) of Code Section 50-16-34 of Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code; and WHEREAS, Seaboard Railroad Systems, Inc. (Seaboard) by corporate merger is the successor in law and interest to the Louisville and Nashville Railroad Company as lessee under the lease; and WHEREAS, the Commission and Seaboard have together determined that amendments to said lease would be of mutual benefit to both the state and the lessee, including in part an extension of the term of said lease, an increase in rent, formal recognition of Seaboard as successor of the Louisville and Nashville Railroad Company, and otherwise; and WHEREAS, the State Properties Code empowers the State Properties Commission to negotiate and prepare for submission to the General Assembly amendments to an existing lease and further provides procedures to be followed in connection therewith; and WHEREAS, the Western and Atlantic Railroad is not needed in any way for the operations of the various departments of state government; and WHEREAS, pursuant to the aforesaid provisions of law, the State Properties Commission at a duly called meeting on September 26, 1985, approved a proposed amendment to said lease; and WHEREAS, pursuant to the aforesaid provisions of law, Seaboard has tendered four original counterparts of the amendment, properly signed and attested in the manner required for recording, thereby making to the state its binding offer to enter into said agreement; and

Page 233

WHEREAS, an exact copy of said amendment is annexed as an Appendix to this resolution. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the offer of Seaboard to enter into the proposed amendment annexed hereto is accepted, and the chairman of the State Properties Commission in his capacity as Governor of the state shall execute and deliver to said lessee the amendment for and on behalf of and in the name of the state, as provided by law. Section 2 . This resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this resolution are repealed. AMENDMENT OF LEASE CONTRACT WESTERN AND ATLANTIC RAILROAD December 28, 1969-December 31, 1994 AMENDMENT for January 1, 1986-December 31, 2019 THIS AGREEMENT, dated thisday of, 1986, between the STATE OF GEORGIA (hereafter referred to as the State) and the SEABOARD SYSTEM RAILROAD, INC., a corporation incorporated in the Commonwealth of Virginia (hereinafter sometimes referred to as Lessee or Seaboard); WITNESSETH THAT: WHEREAS, on March 4, 1968, the State of Georgia leased the Western and Atlantic Railroad to the Louisville and Nashville Railroad Company by an agreement entitled, Lease Contract Western and Atlantic Railroad, the term of which commenced December 28, 1969, and was then scheduled to expire December 31, 1994 (the Lease);

Page 234

AND, WHEREAS, said Lease was duly proposed by the State Properties Control Commission, successfully bid upon by the Louisville and Nashville Railroad Company as Lessee, and approved for execution by the resolution of the General Assembly approved March 4, 1968, and reported at Ga. Laws 1968, pp. 54-112, all of which was done in accordance with the then State Properties Control Code, Georgia Laws, 1964, pp. 146, as amended, Ga. Laws, 1965, pp. 249 and 663 [former Georgia Code Annotated Sections 91-101a et seq .] repealed, Ga. Laws 1973, pp. 857; AND, WHEREAS, section twenty-two of said Lease provides that the General Assembly may appoint such other authority as it may designate to perform duties on behalf of the State in connection with the Lease; AND, WHEREAS, by act of the General Assembly, the State Properties Commission (Commission) has succeeded to the responsibilities of the former State Properties Control Commission with modified power and authority as provided in the State Properties Code, O.C.G.A. 50-16-30 et seq. , as amended and in particular O.C.G.A. 50-16-34 as amended by Act No. 721, of the 1985 session of the General Assembly, approved April 10, 1985 [Ga. Laws 1985, pp. 1408]; AND, WHEREAS, Seaboard by corporate merger is the successor to the Louisville and Nashville Railroad Company as Lessee under the Lease; AND, WHEREAS, the Commission and Seaboard have together determined upon amendments to said Lease of mutual benefit to the State and the Lessee, including in part an extension of the term (period of time) of said Lease, an increase in rent, formal recognition of Seaboard as successor through merger of the Louisville and Nashville Railroad Company, and otherwise; AND, WHEREAS, the State Properties Code empowers the State Properties Commission in part to: ..... (12) Negotiate and prepare for submission to the General Assembly amendments to any existing lease,

Page 235

which amendments shall not, for the purposes of paragraph (4) of this Code section and Code Section 50-16-39, be interpreted as lease proposals or proposals to lease, provided: (A) That the lessee of the lease as it is to be amended shall be either the lessee, a successor, an assignee, or a sublessee as to all or a portion of the property described in the lease as first executed or as heretofore amended; (B) That unless otherwise provided in the lease as first executed or as heretofore amended; (i) The Commission shall prepare each amendment in at least four counterparts all of which shall immediately be signed by the lessee, whose signature shall be witnessed in the manner required by the applicable law for public recording of conveyances of real estate. The signing shall constitute an offer by the lessee and shall not be subject to revocation by the lessee unless it is rejected by the General Assembly or the Governor as provided in this Code section. A resolution containing an exact copy of the amendment, or to which an exact copy of the amendment is attached, shall be introduced in the General Assembly in either the House of Representatives, the Senate, or both, if then in regular session, or, if not in regular session at such time, at the next regular session of the General Assembly. The resolution, in order to become effective, shall receive the same number of readings and, in both the House of Representatives and the Senate, go through the same processes and procedures as a bill; (ii) If either the House of Representatives or the Senate fails to adopt (pass) the resolution during the regular session, by a constitutional majority vote in each house, the offer shall be considered rejected by the General Assembly; (iii) If the resolution is adopted (passed) during the regular session by a constitutional majority

Page 236

vote of both the House of Representatives and the Senate but is not approved by the Governor, the offer shall be considered rejected by the Governor; and (iv) If the resolution is adopted (passed) during the regular session by a constitutional majority vote of both the House of Representatives and the Senate and is approved by the Governor, whenever in the judgment of the chairman of the commission all of the precedent terms and conditions of the amendment and the resolution, if there are any, have been fulfilled or complied with, the chairman of the commission in his capacity as Governor of the state, shall execute and deliver to the lessee the amendment for and on behalf of and in the name of the state. The Governor's signature shall be attested by the secretary of the commission in his capacity as Secretary of State. The Secretary of State shall also affix the seal of the state to the amendment; and (v) On or before December 31 in each year the Executive Director of the State Properties Commission shall submit a report describing all amendments negotiated during that year or under negotiation at the date of the report, to the Chairman of the Public Utilities Committee of the Senate and that State Institutions and Property Committee of the House. O.C.G.A. 50-16-34 (12), as amended by Act No. 721 of the 1985 Session of the General Assembly, approved April 10, 1985 [Ga. Laws 1985, pp. 1408]; AND, WHEREAS, in accord with said procedure, such an amendment (this Amendment) has been agreed upon between Seaboard and the Commission, duly executed in four counterparts as an offer by the Lessee, and submitted to the General Assembly pursuant to Commission resolution of September, 1985; AND, WHEREAS, in further accord with said procedure, the General Assembly has approved the Amendment as proposed and authorized its execution by the Chairman of the State

Page 237

Properties Commission, acting in his capacity as Governor and on behalf of the State of Georgia, Resolution Act No.of the 1986 Session of the General Assembly, approved , 1986. NOW, THEREFORE, THIS INDENTURE, as an Amendment to said Lease is made and entered into on thisday of, in the year of our Lord One Thousand Nine Hundred and Eighty-six, by and between the said STATE OF GEORGIA (hereinafter referred to as State), acting through its State Properties Commission, and the said SEABOARD SYSTEM RAILROAD, INC. WITNESSETH: In consideration of increased rent in favor of the State and an extended term in favor of Seaboard, and in consideration of other changes, be it agreed that the Lease shall be amended to read as follows as of the 1st day of January, 1986: ARTICLE ONE: The State, under and by authority of the State Properties Code, O.C.G.A. 50-16-30 et seq ., as amended, and subject to, upon and in consideration of the premises and of the terms, conditions, covenants and stipulations herein set forth, does hereby extend the term of the Lease for an additional twenty-five years so that the term of this Amendment shall be 34 years beginning on the 1st day of January, 1986, and ending on December 31, 2019, and does hereby lease to said Lessee, viz; to SEABOARD SYSTEM RAILROAD, INC., as successor to Louisville and Nashville Railroad Company, the State-owned property known as the Western and Atlantic Railroad (a railroad running from the City of Atlanta, in the State of Georgia, to the City of Chattanooga, in the State of Tennessee), as more fully shown outlined in red on maps filed in the office of the Commission in Atlanta, Georgia, which maps have been duly endorsed by the Secretary of that Commission, for identification purposes, as being those referred to herein (including the railroad properties more specifically enumerated on the Sidetrack Facilities List, such list to be updated annually on or before April 20, attached to said maps and similarly endorsed); said lease to include the property so delineated on said maps and in said list and all tracks, bridges, culverts, signals, buildings, communication lines, depots and all other structures located on said property, subject to the following Exceptions:

Page 238

Except to the extent that air rights were, as of December 28, 1969, occupied by any structure used for railroad purposes, and except to the extent that Lessee may reasonably require the use of subsurface space for railroad operating purposes, this Lease does not include air rights, mineral rights or sub-surface easements, the State reserving the air rights (including the right of necessary supports and appurtenances), mineral rights and sub-surface easements and, except as provided below, the exclusive right to grant the same but agreeing that it will not, without the written consent of Lessee, which consent may not be unreasonably withheld, grant any such rights to any others or itself use air space or subsurface easements or exploit minerals (i) if such grant or the exercise of rights granted thereby or such use or exploitation will result in loss of support to or unreasonable interference with the leased property, including tracks or structures located thereon, or (ii) if such grant or the exercise of rights granted thereby or such use or exploitation will otherwise unreasonably interfere with the enjoyment of the leased property, including tracts and structures, for railroad purposes or with the enjoyment of the operation thereof for railroad purposes, or (iii) if such grant or the exercise of rights granted thereby or such use or exploitation will reduce the clearance to a distance of less than 23 feet vertically above the top of the rails of said tracks or alongside any track to a distance less than 18 feet from the centerline thereof, the said 18 foot clearance to extend uniformly from a vertical extension upward of the said center line for a distance of twenty-three feet, provided that (1) in those areas where, as of July 1, 1966, there were structures limiting vertical clearances to less than twenty-three feet or there were horizontal clearances of less than eighteen feet, the clearances existing on July 1, 1966 shall govern; (2) in those areas where, as of July 1, 1966, there were grants of air rights providing for a lesser clearance than the said twenty-three foot and eighteen foot clearances, such lesser clearances shall govern, and, provided further, that if in any of said areas, additional clearance shall become available, whether by reconstruction, modification, or demolition of any such structures, or otherwise, said additional clearance shall accrue to the benefit of the Lessee to a maximum of twenty-three feet above the top of the rails and of eighteen feet horizontally from

Page 239

the centerline of the nearest track, except that where existing viaducts over the rails have a clearance of less than 23 feet, adjoining air space structures may be so constructed as to have viaduct level access, provided no part of said structures (except necessary supports and appurtenances) shall extend below the lowest point of said viaduct, which structures the State shall require to be so designed and constructed as to allow, as nearly as practicable, a clearance of at least 23 feet above the top of the rail, and, provided further, that should any additional clearance become available by reason of any track being lowered, such additional clearance shall accrue in toto to the benefit of Lessee. Notwithstanding the foregoing provisions, the minimum clearances in the event that power lines or communications lines, whether those of Lessee, the State or other persons, firms or corporations, shall intrude into the air space above the leased property, shall be not less than those specified from time to time by the Association of American Railroads for its member roads, or, for power lines or communications lines installed on or after the date of this Amendment, the National Electrical Safety Code. The State and the Lessee agree that in the event of exploitation of air, mineral, or sub-surface easement or rights, the State may require a relocation of tracks, but only if (1) such relocation is necessary to permit the placement of any pillar or column providing support to a structure constructed in the use of air rights described in this Article One and (2) there is no point at which said pillar or column can be placed consistent with sound engineering practices without necessitating the relocation of any track, and (3) neither such relocated track nor the work of relocation will unreasonably interfere with the use by Lessee of the properties leased herein, or unreasonably reduce the operating capacity or operating convenience of said properties, whether only in the immediate vicinity of said relocated track or elsewhere on the said properties, and

Page 240

(4) such relocation, including acquisition of additional land, and all other work and modifications of other tracks and structures necessitated by such relocation are to be performed without cost to Lessee or any sublessee of Lessee and at such reasonable times and in accordance with such reasonable standards and specifications as may be established by Lessee. Notwithstanding the vertical clearance limits specified hereinabove, Lessee and its sublessees may erect such structures (including any structures erected pursuant to a subletting qualifying under clause (3) of the first literary paragraph of Article Eleven of this lease) as they may from time to time deem necessary or desirable for railroad operating purposes and such structures may extend and continue to extend into the then unoccupied air space above the clearance limits referred to in this Article One so long as necessary or desirable or until such time or times as the State exercises the power to clear such air space as reseved to it in the next succeeding paragraph of this Article. Lessee agrees that it will, within a reasonable time prior to erecting such structures fully consult with the Commission to determine what, if any, plans are being considered which may be affected by such work and structures and that due consideration will be given to such plans. The State, in granting air rights, may provide for the removal of structures then occupying any part of the air space contained within such grant, such removal to take place not before the grantee of such air rights commences the work of construction in exploitation of such rights, provided that such removal shall be performed without cost to Lessee or any sublessee of Lessee and at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee and provided, further, that adequate replacement structures reasonably satisfactory to Lessee (and a sublessee, if one be affected) as to location, design, physical condition and facilitation of its operations (including those of a sublessee, if one be affected) shall be provided without cost to Lessee or any sublessee of Lessee, the work of replacement to be performed at such reasonable time or times and in accordance with such reasonable standards and specifications as may be established by Lessee, provided that any replacement structures provided under this section (or structures provided as temporary substitute for such replacement structures) shall be completed and available for use prior to commencing the

Page 241

work of removal or relocation of the existing structures being replaced. The State also agrees that, at the request of the Lessee, it will negotiate with the Lessee the need in such air rights areas for increased clearances for railroad operations and if it finds the proposed adjustments to be in the best interest of the State and the Western and Atlantic Railroad, this lease shall be reopened, amended or supplemented, for the purpose only of providing such increased clearances as are found reasonable, upon such terms and conditions as may be agreed to by the State, the decision of the State as to such reopening, amending or supplementing to be final. Lessee agees that it will, within a reasonable time prior to erecting such structures fully consult with the Commission to determine what, if any, plans are being considered which may be affected by such work and structures and that due consideration will be given to such plans. If any air, mineral or sub-surface easement or other rights shall be granted by the State, the State shall confer with the Lessee a reasonable time prior to making such grant and there shall be included in the agreements by which said rights are granted or made from time to time such reasonable conditions, consistent with the provisions of this lease, on the use, exercise and exploitation of said rights as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. If the State shall itself use, exercise, or exploit any such rights it shall do so consistently with such reasonable conditions as may be required. Except to the extent the State has the power under such grants to impose such restrictions, none of the air rights restrictions hereinabove contained shall apply to those air rights grants made by the State prior to July 1, 1966. However, in approving plans and specifications relating to, and in establishing or imposing conditions and standards upon, the use, exercise and exploitation of any air, mineral or other rights, that may have been granted by the State prior to December 28, 1969, the State shall likewise confer with the Lessee a reasonable time prior to such approval, establishment or imposition and shall, to the extent the State has the power under such grants so to do, establish or impose on the use, exercise and exploitation of said air, mineral or sub-surface easement or other rights such

Page 242

reasonable conditions and standards, consistent with the provisions of this lease, as may be required for the purpose of assuring to Lessee operation of the leased properties in a safe, convenient, expeditious, economical and healthful manner. With the prior written concurrence of the Commission, in its reasonable discretion both as to form and substance, and subject to the foregoing reservations and exceptions including the reservation of mineral rights, Lessee may grant easements or make subleases, which provide non-exclusive, subsurface use of the property. Such an easement may be permanent or for any term, and such a sublease may be for any term, including a term beyond the term of this Lease. The recipient of such an easement or sublease may be Lessee, an affiliate of Lessee or any third party not an affiliate of Lessee. Without limiting the Commission's reasonable discretion to determine other terms upon which it will concur, when the recipient is a third party not an affiliate of Lessee, the transaction is a bona fide arms-length transaction solely for monetary consideration, and neither Lessee nor an affiliate of Lessee shall or might receive any separate consideration or benefit (including return on investment) for the easement or sublease or in connection with or as a result of the activity for which it is granted or made, Lessee shall pay to the State as its share of the consideration an amount equal to one-half of the sale price where an easement is granted or one-half of the rental where a sublease is made as provided in Article Eleven. In any other circumstance and without limiting the Commission's reasonable discretion to determine other terms upon which it will concur, the Commission may determine the consideration upon which it will concur in the sublease or easement. All consideration to be paid for such an easement or sublease after December 31, 2019, shall be paid solely to the State. Again, without limiting the reasonable discretion of the Commission to determine or fix the terms of its concurrence, i.e. by way of illustration only, the Commission may determine the relationships of privity and estate among the State, Lessee, and the recipient of an easement or sublease granted or made under this paragraph. This paragraph, in creating a qualified power in Lessee (subject to concurrence by the Commission) does not qualify the State's foregoing reservation of subsurface rights and the power to grant them. For purposes of this paragraph, an affiliate shall mean any corporation, individual, person, partnership, joint venture or other entity or association,

Page 243

which directly or indirectly controls or is controlled by or is under common control with Lessee. For this purpose, control shall mean the possession, directly or indirectly, shared or unshared, of the power to direct or cause the direction of the management and policies of such affiliate, whether through the ownership of voting securities or by contract or otherwise, or to participate in its return on investment or business enterprise. Nothing in this lease shall operate to prevent Lessee from recovering from any person, firm or corporation compensation for and reimbursement of any loss, expenses or damage suffered by Lessee by reason of the action or omission of any such person, firm or corporation or its employees, agents or servants in the use or exploitation of any air, mineral or sub-surface rights. No action for such loss, expenses or damage shall lie against the State except on the grounds of breach of contract. All being the property of the State of Georgia, and which the General Assembly of the State of Georgia, by authority hereinbefore mentioned, authorized the Commission to lease. ARTICLE TWO: Subject to and in accordance with the terms, limitations and provisions of this contract of Lease and of the several Acts of the General Assembly authorizing the same, the State, as lessor, hereby grants to Lessee the right to possess and enjoy the use of said properties leased herein and further covenants that the State will not interfere in the quiet and peaceable possession and enjoyment of all the property herein leased to the Lessee. ARTICLE THREE: In view of the participation of each in the preparation of this lease, the State and Lessee agree that if it becomes necessary to construe any of the provisions of this lease, there shall be no presumption for or against either party on the ground of its participation in such preparation. ARTICLE FOUR: The said Lessee covenants and agrees that as rent for the said Western and Atlantic Railroad during the term of this Amendment it will pay into the treasury of the State a base annual rental of FOUR MILLION TWO HUNDRED NINETY THREE THOUSAND DOLLARS ($4,293,000.00). Said base annual rental shall be the rental for the first calendar

Page 244

year of this Lease as amended (this Amendment), commencing January 1, 1986. Each succeeding calendar year of this lease Lessee shall pay, in addition to said base annual rental, an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of 2.5 per cent times the number of calendar years the lease has run through the end of the preceding year. Such annual rentals are to be paid in equal monthly installments in advance, on or before the first day of each and every month during the period of the lease. Lessee shall also pay additional rent annually to the State in such an amount, if any, as may be necessary to cause the total annual rent for the then-current year to the State under this Article Four of the Lease to equal 0.1627 percent of Lessee's railway operating revenues for the then-current year. The additional annual rental, if any, so computed shall be paid to the State on or before April 1 of the year following the year for which due. If Lessee defaults on payment of said additional annual rental by that date and if said additional annual rental is not paid within 30 days after notice of said default is given to Lessee by the State, the State may, at its option, declare this lease forfeited with all the penalties of forfeiture as provided in this Article Four. The parties recognize that Lessee or a successor lessee may, after the date of execution of this lease, be a party to a corporate merger, consolidation or other transaction, whether or not subject to the approval of and authorization by the Interstate Commerce Commission (ICC), by which the properties producing railway operating revenues of Lessee (or those of a successor lessee) during the term of this lease may be materially enlarged or increased. It is the intention of the parties that, in case of any such corporate merger, consolidation or other transaction, an adjustment be made in the 0.1627 percent factor used to compute the additional rental provided for in the second paragraph of this Article Four, the purpose of the adjustment being to allow such additional rental thereafter to be so computed as to be related only to the railway operating revenues produced by SEABOARD SYSTEM RAILROAD, INC., lines as those lines were constituted on December 31, 1985, including the lines of the Western and Atlantic Railroad as those lines were constituted on December 31, 1985. To that end, in the event of such a merger, consolidation or acquisition, the Lessee or a successor

Page 245

Lessee, shall promptly notify the Commission at the time it files any application for approval or notice of exemption with the ICC, for approval or exemption of any future merger, consolidation or acquisition or, if none is required, then 90 days before such a transaction is consummated. The adjustment in the said factor shall be made by relating the railway operating revenues of Lessee or successor lessee, as the case may be, including those of the Western and Atlantic Railroad, for the fifth year prior to the year of the effective date of merger, consolidation or other transaction, to the sum of the railway operating revenues of Lessee or successor lessee, as the case may be (including those of the Western and Atlantic Railroad) plus the railway operating revenues of the other company or companies which are parties to the merger, consolidation or other transaction or of the properties merged, consolidated or acquired for the said fifth year, and therefrom deriving a new percentage which shall, for the years of the lease term subsequent to the year of the effective date of such merger, consolidation or other transaction, or to the year of the request of Lessee for such adjustment, whichever is later, be applied to the railway operating revenues of Lessee or successor lessee, as the case may be, in such manner as to fulfill the purpose of said adjustment, or by such other method, prescribed by the ICC or acceptable to the parties, as shall permit the computation of said additional rental so that it shall thereafter be related only to the railway operating revenues produced by the SEABOARD SYSTEM RAILROAD, INC., lines as those lines were constituted on December 31, 1985, including the lines of the Western and Atlantic Railroad as those lines were constituted on December 31, 1985. The railway operating revenues referred to in this Article Four shall be determined by reference to the pertinent annual reports to the ICC, and those reports and revenues of Lessee shall include railway operating revenues from Lessee's operation of the Western and Atlantic Railroad. If reports to the ICC are no longer provided for by law, the Lessee shall compile said reports as if said most recent ICC provision remained in effect. The adjustment to the factor shall be applied subsequent to the time and date of any future merger, consolidation or acquisition to the extent, and in the manner necessary to reflect the effect of such merger, consolidation or acquisition, and Lessee or successor Lessee shall request such adjustment prior to the effective time and date of such future merger, consolidation

Page 246

or acquisition. If the Commission shall question the correctness of the adjustment to the factor, and it shall fail to come to agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner now provided in the laws of the State of Georgia. O.C.G.A. 9-9-30 through 9-9-51. The said Lessee further agrees to deposit with the Commission a surety bond or bonds issued by an insurer or insurers having a certificate of authority to act as surety in the State of Georgia in the amount of one half of one year's base rental. Either by rider to the existing bond or by new bond, Lessee shall provide such surety so as to continue under bond Lessee's obligations under the Lease prior to this Amendment in the amount then provided and to establish and continue under bond Lessee's obligations under and as of this Amendment in the amount newly provided. The surety bond(s) so deposited by the Lessee shall be regarded merely as collateral security for the faithful performance by the Lessee of the terms of this Lease Contract, including this Amendment, and shall not be held as exhaustive of other rights of the State, as Lessor. And after said bond(s) have been applied, in whole or in part, as damage penalty or forfeiture, for any act done, or omitted to be done, or any violation of the term of the Lease as herein provided, the Lessee shall be liable further to the State for any damage caused by any breach or forfeiture under such contract by such Lessee and not compensated for by such application. In the event the Lessee shall fail or refuse to pay the aforesaid monthly rental to the State within twenty days after the time named in this Article for the payment of such monthly rental, the State may collect out of the security on deposit with it the amount of such unpaid rental. If at any time the Lessee shall be in default in an amount as much as six months' rental, or if the Lessee fails or refuses to comply with this Lease Contract or breaches any of the covenants or conditions thereof, the State, at its option, may declare this Lease forfeited and take such steps as required by law for approval of lease to such other party or for such other method of operation as the State may elect. And after execution of such action the State may apply the remaining security deposited as damages on account of the forfeiture, as far as the same may go.

Page 247

ARTICLE FIVE: (1) The Lessee agrees that it will at all times during the continuance of this Lease keep and maintain the main track(s) of said railroad at least to Class III standards as designated by the Federal Railroad Administration's track safety standards in effect on October 1, 1984; (2) Lessee further agrees that it will at all times during the continuance of this Lease keep and maintain all other property of said railroad, including the buildings, structures and appurtenances of the properties and including facilities added to the property of the State under Articles One and Six in a reasonably safe and sound condition for the use intended. Lessee further agrees that it will exert its best efforts in good faith to obtain the location of new industries, as well as the expansion of existing industries, upon the Western and Atlantic Railroad to the same extent that it solicits the locations and/or expansion of industries along the lines of railroad which it owns, operates or controls. Lessee shall furnish to the Commission, not later than April 20 of the following year, a written report for the preceding calendar year of industries located or expanded on both the Western and Atlantic Railroad and any competing lines of railroad which it owns, operates or controls. Lessee further agrees that it will comply fully and in all respects, except for emergency detours, with routing instructions received from shippers requesting or directing that their shipment be forwarded in whole or in part over the Western and Atlantic Railroad and will not prefer its own competing lines in the movements of traffic not routed by shippers. ARTICLE SIX: It is further agreed as a part of the consideration of this Lease agreement that, in addition to and exclusive of such expenditures as may be required for the proper repair and maintenance of said railroad and its properties, the Lessee shall during the period of this Amendment debit an account called Additions and Betterments of the Western and Atlantic Railroad not less than $12,500.000. (An addition is new construction for railroad purposes and includes also right of way acquired as access to shippers and receivers of freight. A betterment is an improvement in the quality of track or line of road, including reduction or elimination of curves and grades, elimination of tunnels or bridges, removal of tracks from an unstable grade to a more stable grade, and projects whereby tracks,

Page 248

switches, signals or other facilities are relocated for the purpose of improving the operating or maintenance characteristics of the railroad and the enlargement or enhancement of existing buildings and structures used for railroad purposes.) It is intended that $7,000,000 of said Additions and Betterments shall be expended (and debited to said account) at a rate of not less than $1,000,000 per five-year period beginning on January 1, 1986, (the final period being the balance of four years duration). The remaining $5,500,000 of said $12,500,000 may be expended by the Lessee as and when deemed by it expedient and desirable during the term of the Amendment. At the end of each such five-year period, any expenditures in excess of $1,000,000 charged to said account during that period shall be preserved and carried over to the new five year period, and any unexpended portion of the $1,000,000 scheduled to be expended and debited to said account during that period shall be expended during the subsequent five-year period and failing to be spent during this period will be paid over to the State at the expiration of said subsequent period at the time that the report hereinafter in this Article Six required is made. If, at the termination of the Lease by maturity or for any cause prior to maturity, the Lessee shall have expended and debited to said Additions and Betterments account less than an average of $367,647.06 per year during the term the Lease has run when terminated, the amount of any deficiency not so expended and debited shall be paid over to the State, less such sums as shall theretofore have been paid over to the State under the terms of the next preceding paragraph. Should the amount debited to such account be greater than the amount determined by multiplying $367,647.06 by the number of years the lease has run, the State does not agree to make, nor does the Lessee expect to receive, any payment by reason of such difference, except in the event that due to unforeseen circumstances or technological improvements in the railroad transportation industry conditions would indicate that extraordinary expenditures for additions and betterments should prudently be made, the conditions above will not preclude the Lessee from seeking the permission and the participation of the State in making and paying for such extraordinary additions and betterments, nor preclude the State from granting such permission and so participating.

Page 249

Amounts so debited to the Additions and Betterments account shall be as determined by the Uniform System of Accounts for Railroad Companies, as currently or most recently prescribed by the ICC at the time of the respective charges. All additions and betterments so made and charged to said account and all other lands, tracks and structures so acquired or constructed and debited to said account, shall thereupon be and become the property of the State of Georgia, and shall become subject to the provisions of this Lease, and without offset of any kind and character whatsoever. For purposes of this lease, improvements to line of road shall include, but not be limited to, projects whereby tracks, switches, signals or other facilities are relocated for the purpose of improving the operating or the maintenance characteristics of the railroad, reduction or elimination of curves and grades, elimination of tunnels or bridges and removal of tracks from an unstable subgrade to a more stable subgrade. The Lessee shall annually, on or before the 20th day of April in each and every year, prepare and file with the Commission, a statement showing in detail the character and extent of the improvements, betterments and additions claimed to have been made and taken into account by the Lessee during the preceding calendar year ended December 31, which statement shall show the specific character of each expenditure and the amount thereof for which credit is claimed by the Lessee. The Commission shall examine such statement and account, and if found correct shall endorse approval thereon within sixty (60) days after submission thereof and file the same with the records of the Western and Atlantic Railroad. In addition, the Lessee will supply the State with one complete set of valuation maps of the Western and Atlantic Railroad with such maps to be kept current by the filing of revisions thereto of changes made in the railroad property and tracks. Such revised maps shall be filed not later than April 20 of each year. If the said Commission shall question the correctness or propriety of the statement or of any item or charge contained therein or any revision of valuation maps, and if it shall fail

Page 250

to come to an agreement with the Lessee with respect thereto, the matter in dispute shall be submitted to arbitration in the manner as is now provided in the laws of the State of Georgia in O.C.G.A. 9-9-30 through 9-9-51. ARTICLE SEVEN: It is understood and agreed that in making improvements and betterments for the use and operation of the Western and Atlantic Railroad the Lessee shall, insofar as it properly may, construct and maintain the same upon the property of the State, to the end that the integrity of the Western and Atlantic Railroad for the uses of transportation shall be preserved and facilitated. ARTICLE EIGHT: The State will give its consent to the revision and double-tracking of the line as deemed desirable by Lessee, and will cooperate in securing the land necessary therefor, at the expense of Lessee. It is understood and agreed that no substantial departure in the route or direction of the line of railroad, nor abandonment or discontinuance of any part of the line as now constructed and operated, shall be made or permitted without the previous consent of the State. ARTICLE NINE: To the fullest extent permitted by law, Lessee hereby agrees to indemnify and hold the State harmless for any costs, liability or expense incurred by the State as owner of the Western and Atlantic Railroad and arising out of Lessee's use or maintenance of the railroad properties except for any cost, liability or expense resulting from the State's gross negligence or willful misconduct. ARTICLE TEN: It is hereby determined and declared by the State and the Lessee that nothing contained in this agreement is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interests of Lessee created by this agreement. In the event said properties or any interests therein are declared subject to ad valorem taxation of whatsoever nature in Georgia, by a final decision of a court of competent jurisdiction, then any such sums or taxes, including any interest and penalties occasioned by the actions or defaults of the State, shall be the responsibility of the State and be paid by the State. Lessee agrees it will defend against any effort to levy ad valorem taxes on said property and interests therein, and that Lessee will prosecute and defend any necessary appeals to the highest State

Page 251

Court having jurisdiction in the matter. Lessee agrees that it will promptly notify the State upon receipt of notice of any intention to impose ad valorem taxes and the State may, at its option, elect to join Lessee in defending against such imposition, to intervene in any proceedings related thereto, or take such other action with respect thereto as it deems necessary or proper. In the event said property or any interests therein are once declared to be subject to ad valorem taxation by a decision of a court of competent jurisdiction, Lessee agrees that it will promptly notify the Governor and the General Assembly if then in session, and if not then in session, will notify the Governor, of such decision, and the State shall have until ten days after the conclusion of the next succeding regular annual meeting of the General Assembly, or thirty days after the entry of such final decision, whichever occurs later, to pay such sums or taxes, or to settle, adjust, compromise, or provide for by legislation, such sums or taxes, and if not so paid or resolved within such time, then thereafter any such sums or taxes, whether for that or any subsequent period, may be paid by the Lessee and shall be deemed a payment, pro tanto, of rent, and the rent provided for in Article Four of this lease shall be reduced by the amount of such sums or taxes paid by the Lessee. It is further understood, covenanted and agreed that the Lessee shall, during the entire term of this agreement, pay all taxes (other than the ad valorem taxes referred to hereinabove), specifically including, but not limited to, income taxes, and governmental charges, on or for the operation of said property. In addition the Lessee shall pay all tax assessments and governmental charges as may be imposed during the term of said agreement by the Government of the United States, and Lessee shall be required, and hereby obligates itself, to pay on all of that portion of the properties covered by this agreement and lying within the State of Tennessee all taxes and assessments that may be legally levied under the laws of said State. It is specifically agreed further that the rolling stock, equipment and other property owned by the Lessee and used in connection with the operation of the properties herein conveyed, shall all be subject to taxation as other like property is taxable in the State of Georgia. It is further understood, agreed and declared, that where the words grant, grantee, grantor, lease, sublease,

Page 252

sublet, lessor, lessee, sublessee, tenant, rent, rental, and words of similar nature are used in this agreement, they are used for purposes of identification and convenience of expression. ARTICLE ELEVEN: The Lessee shall not sublet the property leased hereby, or any part thereof, except (1) such as is not needed for railroad purposes, (2) for use as a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965 as amended, or in a similar law or ordinance, or (3) where said subletting is made for a railroad purpose of the Lessee, including the location on said property or part thereof of a business or industry utilizing the subleased property in whole or in part for the shipping or receiving of freight moving over the Western and Atlantic Railroad; Where any property is so sublet pursuant to the provisions of this Article Eleven, a copy of such sublease and any subsequent amendments thereto shall be promptly supplied to the Commission for its records. Except as to subsurface rights no such subletting shall extend beyond the term of this lease, whether by expiration of time, forfeiture or other cause; nor except as to subsurface rights shall any sublease give rise to any privity of contract as between the sublessee and the State; nor introduce a new party to this contract, nor relieve the Lessee of any duty, obligation or requirement imposed upon it by law or by this contract of lease. The Lessee shall pay to the State an amount equal to one-half of the net rental received (being the gross rental, less those reasonable expenses directly attributable to the property and which the contract of sublease provides shall be paid by Lessee) by the Lessee for each sublease made by Lessee and this payment shall be considered as an additional rental to that amount required by Article Four of this lease. All permanent improvements, betterments or additions in, to or on the property so subleased made by the Lessee or its tenants shall become, upon the expiration of this lease, the property of and belong to the State, except as provided otherwise in agreements granting or subleasing subsurface easements or rights. Should the Lessee elect to sublease all or any part of (1) the space over the tracks below the level of 23 feet above the

Page 253

top of rails of any track or (2) within 18 feet in a horizontal distance of the centerline of any track south of the Magnolia Street viaduct in Atlanta or (3) within 18 feet in a horizontal distance of the centerline of any main track north of the Magnolia Street viaduct in Atlanta, the Lessee agrees to pay to the State all of the rental received for that portion of the space so sublet. This paragraph does not apply to the grant or sublease of subsurface rights. ARTICLE TWELVE: The granting by Lessee to other carriers of trackage rights over the Western and Atlantic Railroad or any part thereof, shall not be construed as a subleasing of the property such as is forbidden by Article Eleven of this lease and Lessee agrees to grant trackage rights to other railroads over the tracks of the Western and Atlantic Railroad at all points where such rights were in effect on December 27, 1969. Except as provided above, Lessee shall not grant trackage rights over the Western and Atlantic Railroad or any part thereof without the prior consent in writing of the Commission. The Lessee agrees to pay to the State one-half of that portion of the rentals received from the grant of any and all trackage rights over the Western and Atlantic Railroad or any part thereof which are computed on the basis of a percentage return on capital investment in the railroad and facilities so utilized, or similar basis; such payment to be considered as an additional rental to that amount required in Article Four of this Lease. The Lessee is to retain all of that portion of the rentals received from the grant of such trackage rights which are computed on a wheelage or other use basis, where such rental payments are designed and designated to reimburse the Lessee for a fair proportion of amounts paid or incurred by it in conformity with accounting principles contained in the Uniform System of Accounts for Railroad Companies, as prescribed by the ICC at the time of the respective charges, for maintenance, operating and other expenses. Such trackage rights for use of the tracks and property of the Western and Atlantic Railroad shall always be subject to all of the duties, obligations and liabilities of Lessee to the State under this contract of lease; and it is further understood and agreed that no contract or agreement for any servient use of

Page 254

the tracks or railway facilities of the Western and Atlantic Railroad, granted by Lessee to any other person, shall be construed as introducing a new party to the contract between Lessee and the State; and every such servient use shall be subject in all respects to this Contract of Lease, and as between the State and Lessee such servient use shall be regarded as being the use by Lessee through its agent or tenant. ARTICLE THIRTEEN: There is hereby expressly reserved to the State the power, exercisable on reasonable notice to the Lessee, to authorize the laying out, building and construction by others or by itself (hereinafter in this section referred to as grantees) of such ways, streets, roads, bridges, viaducts, pipe lines, sewers, electric or communication lines and other utilities (except that no such authorization shall be granted for a crossing which would intersect any railroad tracks on the property and which is intended for use by a carrier, other than by highway, of freight or passengers), across or along (hereinafter called crossings) the property herein leased as may be deemed by it to be in the interest of the people of Georgia, without liability on the part of the State over to the Lessee by abatement of lease money or otherwise, provided that the Lessee may establish, except as against the State, reasonable standards for terms of existence, compensation (except that no compensation shall be charged in the case of road crossings), service charges to Lessee and indemnity of Lessee. The Lessee may establish for all grantees reasonable standards for construction, clearances, maintenance and safety of said crossings, and other provisions necessary to assure the safe, convenient, expeditious, economical and healthful operation of the railroad, which standards shall be embodied within a written contract between such grantee and Lessee in the usual form of contract from time to time used by Lessee for such crossings elsewhere on its railroad lines and provided further that all crossings (with the exception below as to road crossings) and all equipment and structures used in conjunction therewith will be constructed and maintained without cost to the Lessee. Where road crossings are involved the Lessee will participate in the cost of construction and maintenance of grade crossing protection devices but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. Where such road crossings involve grade separation structures the State shall be responsible for any portion

Page 255

of the cost of construction of such grade separation structures chargeable to the Western and Atlantic Railroad and the Lessee shall participate in the cost of maintenance thereof, but to no greater extent than required by law from time to time of other railroads in the State of Georgia in like situations on their lines in Georgia. The reservation to the State of said power of authorization shall not be exclusive, and Lessee may, as it may from time to time deem proper, authorize such laying out, building and construction of such crossings. Lessee will within sixty (60) days following final approval thereof by Lessee furnish to the Commission for its records a copy of each contract so entered into by the Lessee and any grantee. Nothing herein or in any authorization given by the State shall operate to prevent Lessee from recovering from any such grantee (which term grantee for the purposes of this sentence only shall not include the State) or other person, firm or corporation compensation for and reimbursement of any loss, expense or damage suffered by Lessee by reasons of any such authorization or by reason of the actions or omissions of such grantee or their employees, agents or servants or by reasons of the actions or omissions of any other person, firm or corporation or their employees, agents, or servants, following the grant of such authorization. It is the intention of the parties that this Section Thirteen shall provide only for crossings giving access across the railroad right-of-way. It is not intended that longitudinal encroachments be allowed on the right-of-way except as they may be required in the proper design of a transverse crossing. ARTICLE FOURTEEN: Lessee may remove and cause to be discontinued, as permitted by law, any or all encroachments and other adverse uses and occupancies in and upon the right-of-way or upon other properties of the Western and Atlantic Railroad, or any part thereof, whether maintained under claim of lawful right or otherwise. The Lessee in its own name and behalf, may undertake to remove and cause the discontinuance of such encroachments, uses and occupancies, acting therein in its own name. It is further understood and agreed that Lessee will, if and when so requested, join with the State and become

Page 256

a party to any proceeding, judicial or otherwise, that may be instituted by and on behalf of the State for the purpose of freeing the right-of-way and property of the Western and Atlantic Railroad from all adverse uses and occupancies. Lessee shall have no cause of action against the State for any such encroachment, its sole recourse being the right it may have as a Lessee against the third party. It is understood and agreed that when such adverse uses and occupancies shall have been removed by judicial proceedings or otherwise the use of the same for the remaining period of the lease shall inure to the benefit of Lessee to the same extent as the other portions of the right-of-way and properties herein conveyed shall inure to it under the terms and provisions of this contract. ARTICLE FIFTEEN: Should, during the term of this Lease, any building or other structure now upon the property of the State included in this Lease, or any building or other structure hereafter constructed thereon, be damaged or destroyed by fire or other casualty, the Lessee shall advise the Commission in writing within sixty (60) days following such damage or destruction and if such building or structure be then reasonably needed for railroad operating purposes, Lessee binds and obligates itself to restore such building or structure, within a reasonable time, in substantially as good condition as previous to said damage or destruction, provided, that Lessee shall not be required to replace or restore any building or structure which may have been built wholly or partially on said State property by parties other than Lessee, prior lessees or the State. ARTICLE SIXTEEN: It is expressly agreed that this Lease is made subject to the aforesaid Acts and Resolutions of the General Assembly of Georgia, and the Official Code of Georgia Annotated, authorizing the making of this Lease and that if any of the terms or conditions in this Lease are found to be deficient or in conflict or inconsistent with any of the terms or provisions of them in such event their terms and provisions of shall govern and control, and all other terms, conditions and provisions of this Lease shall continue in full force and effect the same as if such statutory terms and provisions had been expressed herein.

Page 257

ARTICLE SEVENTEEN: The Lessee shall continue in possession of the road and roadbed, stations and other property of the Western and Atlantic Railroad in their condition at the time this Amendment is executed, accepts them in said condition, as maintained by Lessee, and shall thereafter maintain them as provided herein. ARTICLE EIGHTEEN: The Lessee shall keep adequate records and books of account, classified in accordance with the ICC rules and regulations governing the accounting of Class I carriers by railroad, showing all items of whatever nature that are material to this Lease Contract in connection with the performance thereof. The Lessee shall also maintain such other adequate records as will be sufficient to allow determination of compliance with the provisions of this lease, and where ICC reporting requirements cease or become inapplicable, the most recent ICC provision shall be used. ARTICLE NINETEEN: The Western and Atlantic Railroad may be operated as a part of Lessee's railroad system. However, Lessee shall preserve the physical integrity of the Western and Atlantic Railroad and upon expiration or earlier termination of this Lease, shall cause it to be capable of independent operation. Lessee also shall maintain a registered agent within the limits of the State of Georgia, which agent shall be amenable to service of process on behalf of the Lessee as provided by law. Where provision for a registered agent for service of process is not made by law, Lessee shall appoint such an agent and give the Commission continuous notice of his name, title, affiliation, and address for service, by mail and by delivery, which address shall be in the City of Atlanta, Georgia. ARTICLE TWENTY: The Lessee shall permit inspection of the Western and Atlantic Railroad by the authorized representatives of the State, identified by writing delivered or exhibited to the Lessee, at reasonable times. The Lessee shall be notified in writing of any deficiencies noted under the terms of this lease contract. ARTICLE TWENTY-ONE: Where delegation is made herein to the Commission for the performance of any duties in connection with this Lease, the State reserves the right through appropriate action by the General Assembly of the State of Georgia

Page 258

to appoint such other authority as it may designate to perform such duties. ARTICLE TWENTY-TWO: It is recognized by the parties hereto that Metropolitan Atlanta Rapid Transit Authority, or other public transit entities or offices, hereinafter called Transit, may wish, during the term of this Lease, to occupy, to the extent consistent with safe, efficient and economical railroad service, for purposes of a public rapid transit system, a portion of the property herein leased or to make other arrangements respecting it. For example only, the parties hereto recognize that the Metropolitan Atlanta Rapid Transit Authority may wish to use certain portions of the subject railroad properties in the corporate limits of the City of Atlanta and in the counties of Fulton and Cobb, other than those specifically provided for originally in the Lease, for the purpose of a rapid transit project or projects as defined in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended. The State may desire to cooperate with it or any such other Transit in planning, designing and constructing a rapid transit system, and if such is the desire of the State, Lessee agrees to undertake to give its prompt, full and good faith cooperation to said Transit, consistent with the maintenance of safe, efficient and economical railroad service to the public, as Transit undertakes to establish and operate a rapid transit system. Nothing in this Lease shall be construed to authorize Transit to use any portion of the properties without the previous express permission of the State and Lessee following payment by Transit to the State and Lessee of such compensation, relocation and/or other damages as may hereafter be determined to be due the State and Lessee by reason of such proposed use. Lessee agrees that it will allow Transit access at reasonable times to said property for the purpose of surveying, making soils analysis, and performing necessary engineering and design efforts, so long only as such access shall not, in the judgment of Lessee, interfere with the operations and convenience of the Lessee or other occupants of the parcel. ARTICLE TWENTY-THREE: The original Lease dated March 4, 1968 shall apply through December 31, 1985, and the

Page 259

terms and conditions of this Amendment are applicable and determine the rights and obligations of the State and the Lessee thereafter. It is the intention of the parties that the Lessee remain in full possession of the properties hereof, that the term of the Lease of March 4, 1968 be effectively extended for an additional twenty-five years or until December 31, 2019, that the Lease Contract be amended as restated herein, and that actions taken in connection with the properties prior to January 1, 1986, be governed by the March 4, 1968, Lease contract and after December 31, 1985, actions taken in connection with the properties be governed by the terms and conditions of this Amendment. ARTICLE TWENTY-FOUR: The State and the Lessee recognize that the consummation, terms, conditions, covenants and performance of this lease will be subject to the applicable provisions of the Interstate Commerce Act and to other applicable provisions of the law. It is specifically agreed that all provisions contained in this Lease as of the date of execution by Lessee are so entirely acceptable to the State and to the Lessee that the only terms and conditions that either the State or the Lessee has the right to consider further shall be those terms and conditions imposed by any order of the ICC in proceedings instituted seeking authorization and approval or exemption of this lease or which are changed, altered, deleted, added or affected directly or indirectly by any such order of the ICC in such proceedings or which shall impose on the State or the Lessee any additional conditions or requirements beyond those contained in this Lease. As used in this paragraph, the word affected shall not be deemed to include authorization and approval of this Lease as a whole by the ICC. It is further agreed that if either party hereto is of the opinion that any such order of the ICC does so change, alter, delete from, add to, or affect, directly or indirectly, any provision of this Lease, or impose on the State or on the Lessee any additional conditions or requirements beyond those contained in this Lease, then such party shall, within thirty days after receipt of such an order, so advise the other party. The notice of such advice shall also contain a notice stating whether such advising party wishes to negotiate with the other party to the end of reaching

Page 260

agreement as to the continued effectiveness of this Lease as it may have been required to be changed, altered, diminished by deletions, added to or otherwise affected. In the event the advising party wishes so to negotiate, and gives notice to that effect, the parties shall promptly commence such negotiations. If agreement shall be reached, this lease shall be appropriately amended, and a supplemental application, pleading or other document appropriate in the circumstances shall be promptly submitted by Lessee to the ICC. IN WITNESS WHEREOF, JOE FRANK HARRIS, as Governor of the State of Georgia and as Chairman of the State Properties Commission, has hereunto attached his official signature and caused to be affixed the great seal of the State of Georgia and the seal of the State Properties Commission, in behalf of said State, in duplicate, and Lessee, SEABOARD SYSTEM RAILROAD, INC., has signed and executed this contract and has affixed its seal thereto, also in duplicate, on the day and year above written. STATE OF GEORGIA

Page 261

Page 262

My Commission Expires: Approved March 25, 1986. CITY OF CAVE SPRINGCONVEYANCE OF STATE PROPERTY TO THE CITY. No. 59 (Senate Resolution No. 289). A RESOLUTION Authorizing the conveyance of certain state owned property in the City of Cave Spring, Floyd County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, a portion of the property presently utilized by the Georgia School for the Deaf in the City of Cave Spring is not required for the purposes of said school and is, therefore, surplus property to the State of Georgia; and WHEREAS, said property is described as follows: A parcel of the property of the Georgia School for the Deaf separated from the main campus, lying and being in the 3rd District, Floyd County, Georgia, containing approximately 3 acres. Said property shall be more particularly described by a plat of survey and a legal description prepared by a Georgia Registered Land Surveyor and furnished to the state by the City of Cave Spring; and WHEREAS, the custody and management of said property is in the Department of Education; and WHEREAS, the City of Cave Spring is desirous of obtaining said tract of land for municipal purposes.

Page 263

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described 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 Department of Education declaring this property surplus to its needs and upon the City of Cave Spring providing a plat of survey and a legal description to the State Properties Commission. Section 3 . That the above-described real property may be sold and conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such further conditions and provisions as directed by the State Properties Commission. Section 4 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the Official Code of Georgia Annotated requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the property, the conveyance of which is authorized by this resolution, approved by 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 such approval and in accordance with the provisions hereof. Section 6 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 26, 1986.

Page 264

RESPIRATORY CARE PRACTICES ACTENACTED; REGULATION OF RESPIRATORY CARE PROFESSIONALS, CERTIFIED RESPIRATORY THERAPY TECHNICIANS, AND REGISTERED RESPIRATORY THERAPISTS. Code Sections 43-34-140 through 43-34-151 Enacted. No. 1196 (Senate Bill No. 32). AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, so as to provide for the certification and regulation of certain individuals engaged in respiratory care; to provide for a short title and legislative intent; to provide definitions; to provide for the powers, duties, and responsibilities of the Composite State Board of Medical Examiners as such relate to respiratory care; to provide for an advisory committee; to provide for the certification and regulation of respiratory care professionals, therapists, and technicians; to provide for qualifications; to provide conditions and procedures for certificate renewal and for certificate revocation or suspension; to prohibit a person from holding oneself out to be a certified respiratory care professional, therapist, or technician unless such person is certified; to provide penalties; to provide for related matters; to provide for the repeal of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, osteopaths, and orthotists, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 43-34-140. This article shall be known and may be cited as the `Respiratory Care Practices Act.'

Page 265

43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control. 43-34-142. As used in this article, the term: (1) `Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (2) `Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist' means a health care professional who is employed in the therapy, management, rehabilitation, diagnostic evaluation, education, and care of patients with deficiencies and abnormalities which affect the pulmonary and cardiac systems. 43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to: (1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification; (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 article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist applicants and certificate holders under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;

Page 266

(5) Establish application, examination, and certification fees; (6) Request and receive the assistance of state educational institutions or other state agencies; (7) 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 (8) Establish continuing education requirements. 43-34-144. At any time prior to July 1, 1987, the board may grant, upon application and payment of proper fees, a certificate without examination to a person who at the time of application holds a valid certificate as a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist issued by another state or any political territory or jurisdiction acceptable to the board if in the board's opinion the requirements for that certification are substantially the same as the requirements of this article or to a person who at the time of application is a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist registered or certified by the National Board for Respiratory Care, Inc., or who otherwise meets the qualifications established by the board. 43-34-145. (a) Each applicant for certification as a respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist 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 successfully passed the entry level examination given by the National Board for Respiratory Care,

Page 267

Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board. (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter. 43-34-146. 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. 43-34-147. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand. (b) The certificate holder shall display the document evidencing certification in an appropriate and public manner. (c) The certificate holder shall inform the board of any change of his address. (d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article 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 certified under this article is responsible for renewing his certificate before the expiration date. (f) Under procedures and conditions established by the board, a certificate holder may request that his certification be declared inactive. The certificate holder may apply for

Page 268

active status at any time and upon meeting the conditions set by the board shall be declared active. 43-34-148. (a) The board, in consultation with the advisory committee, may: (1) Refuse to grant or renew certification to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the certificate holder; (3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate; (4) Limit or restrict any certificate as the board deems necessary for the protection of the public; (5) Revoke any certificate; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has: (1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification 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 certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires;

Page 269

(2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified 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 certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken

Page 270

against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful 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 certificate holder or applicant to practice a business or profession certified under this article, 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 certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession certified under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, 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, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder 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 certification reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any

Page 271

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 certified under this article with reasonable skill and safety to the public or has become unable to practice the certified 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. 43-34-149. The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary medicine, and such members as the board as its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. 43-34-150. (a) After July 1, 1986, it shall be unlawful for any person who is not certified under this article to use the title respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist or the letters RCP, CRTT, or RRT in any words, letters, abbreviations, or insignia so as to indicate or imply orally or in writing or in any other way that the person is certified under this article. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. 43-34-151. Proceedings under this article shall be governed by Chapter 13 of Title 50, the `Georgia Administrative Procedure ' Section 2 . This Act shall become effective upon necessary appropriations being specifically made by the Georgia General Assembly to fund this Act. If the General Assembly shall ever thereafter fail to appropriate fully the funds necessary to implement

Page 272

the provisions of this Act, this Act shall stand repealed in its entirety. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. TORTSLIBEL; RELEVANT AND COMPETENT EVIDENCE; REQUESTS FOR AND PUBLICATION OF RETRACTIONS. Code Section 51-5-11 Amended. No. 1197 (Senate Bill No. 77). AN ACT To amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to change the nature of relevant and competent evidence in libel actions; to provide that evidence of a plaintiff's request for retraction shall be relevant and competent if the request is made in writing at least seven days prior to the filing of the action; to provide that evidence of a plaintiff's failure to request retraction in this manner shall also be relevant and competent; to provide that the defendant may allege and give proof that a retraction was published within seven days after receipt of such a demand or was published in the next regular publication if no regular publication was made within such seven-day period; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended

Page 273

by striking Code Section 51-5-11, relating to admissibility of evidence and damages in libel actions, and inserting in its place a new Code section to read as follows: 51-5-11. (a) In any civil action for libel which charges the publication of an erroneous statement alleged to be libelous, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction in writing at least seven days prior to the filing of the action or omitted to request retraction in this manner. (b) In any such action, the defendant may allege and give proof of the following matters, as applicable: (1) (A) That the matter alleged to have been published and to be libelous was published without malice; (B) That the defendant, in a regular issue of the newspaper or other publication in question, within seven days after receiving written demand, or in the next regular issue of the newspaper or other publication following receipt of the demand if the next regular issue was not published within seven days after receiving the demand, corrected and retracted the allegedly libelous statement in as conspicuous and public a manner as that in which the alleged libelous statement was published; and (C) That, if the plaintiff so requested, the retraction and correction were accompanied, in the same issue, by an editorial in which the allegedly libelous statement was specifically repudiated; or (2) That no request for correction and retraction was made in writing by the plaintiff. (c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the publication of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.

Page 274

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. REVENUE AND TAXATIONCHECKS OR MONEY ORDERS FOR PAYMENT OF TAXES PAYABLE TO THE OFFICE OF TAX COLLECTOR; INAPPLICABILITY TO COUNTIES OF 550,000 OR MORE OR MUNICIPALITIES THEREIN. Code Section 48-5-165 Amended. No. 1198 (Senate Bill No. 273). AN ACT To amend Code Section 48-5-165 of the Official Code of Georgia Annotated, relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, so as to provide that said Code section shall not apply to 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 or to the collection of taxes on behalf of any municipality located wholly or partially within any such 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 48-5-165 of the Official Code of Georgia Annotated, relating to the requirement for tax collectors to instruct taxpayers that checks or money orders for the payment of taxes shall be payable to the tax office, 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:

Page 275

(b) This Code section shall not apply to any county within this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census or to the collection of taxes on behalf of any municipality located wholly or partially within any such county by the tax collector or tax commissioner of any such county. Section 2 . This Act shall become effective January 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. MOTOR VEHICLE LICENSE PLATESYOUNG HARRIS COLLEGE. Code Section 40-2-29.4 Enacted. No. 1199 (Senate Bill No. 293). 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 Young Harris College; 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

Page 276

of motor vehicles in general, is amended by adding immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows: 40-2-29.4. (a) Founded by the Methodist Church in 1886 as a school for mountain youth, chartered in 1888 as Young Harris Institute at the March Term of the Superior Court of Towns County (Minute Book C, pages 581-620) with Judge C. J. Wellborn presiding, changed to Young L. G. Harris College by a charter amendment in 1891, there shall be issued in 1987 special license plates to commemorate the centennial of the founding of that college which later became Young Harris College. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the centennial of Young Harris College. 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 years 1987 through 1989, 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 $25.00 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, 1987, 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 such approval.

Page 277

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. JUVENILE PROCEEDINGSJUVENILES COMMITTING DESIGNATED FELONY ACTS; SERVICES AND TREATMENTS; DISPOSITION OF CHILDREN UNDER 17 SENTENCED IN THE SUPERIOR COURTS UPON BECOMING 17 YEARS OF AGE. Code Sections 15-11-37 and 49-5-7 Amended. No. 1200 (Senate Bill No. 308). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a juvenile found to have committed a designated felony act and placed in a youth development center may be eligible for certain services and treatment and to participate in certain programs; to amend Code Section 49-5-7 of the Official Code of Georgia Annotated, relating to development and administration of public child welfare and youth services under the Children and Youth Act, so as to provide that any child under 17 years of age who is sentenced in the superior court and committed to the Department of Human Resources may be eligible to participate in certain programs; to provide for the disposition of any child under 17 years of age who has been sentenced in the superior court and committed to the Department of Human Resources upon such child becoming 17 years of age; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 278

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 subparagraph (B) of paragraph (2) of subsection (e) of Code Section 15-11-37, relating to designated felony acts, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) While in a youth development center, the juvenile may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a juvenile may be eligible to participate in youth development center sponsored programs including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Vocational Rehabilitation and Division of Mental Health, and under the general supervision of a youth development center staff at special planned activities outside of the youth development center;. Section 2 . Code Section 49-5-7 of the Official Code of Georgia Annotated, relating to development and administration of public child welfare and youth services under the Children and Youth Act, is amended by adding at the end of paragraph (5) of subsection (a) a new subparagraph (E) to read as follows: (E) Any child under 17 years of age who is sentenced in the superior court and committed to the department may be eligible to participate in all youth development center programs and services including community work programs, sheltered workshops, special state sponsored programs for evaluation and services under the Division of Vocational Rehabilitation and the Division of Mental Health, and under the general supervision of youth development center staff at special planned activities outside of the youth development center. When such a child sentenced in the superior court is approaching his seventeenth birthday, the department shall notify the court that a further disposition of the child is necessary. The department shall provide the court with information concerning the participation and progress of the child in programs provided by the department. The

Page 279

court shall review the case and determine if the child, upon becoming 17 years of age, should be placed on probation, have his sentence reduced, be transferred to the Department of Corrections for the remainder of the original sentence, or be subject to any other determination authorized by law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. ATTORNEYSADMISSION TO PRACTICE; FINGERPRINTS; CRIMINAL RECORD CHECKS; GEORGIA CRIME INFORMATION CENTER. Code Section 15-2-8 Amended. No. 1201 (Senate Bill No. 312). AN ACT To amend Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to powers of the Supreme Court of Georgia, so as to provide that the court, in regulating the admission of attorneys to the practice of law, shall require each applicant to be fingerprinted to determine whether the applicant has a record of criminal convictions; to provide for authority of the Georgia Crime Information Center to release information concerning applicants; to limit the use of such information; to provide for all matters related to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-2-8 of the Official Code of Georgia Annotated, relating to powers of the Supreme Court of Georgia

Page 280

is amended by striking paragraph (5) and inserting in its place a new paragraph to describe a power of the court and to read as follows: (5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; provided, however, that in regulating the admission of attorneys to the practice of law, the Supreme Court shall require each applicant for admission to the practice of law to be fingerprinted to determine whether the applicant has a record of criminal convictions in this state or other states. The Georgia Crime Information Center is for this purpose authorized to release to the court and its administrative arms any requested records relating to applicants. The information obtained as a result of the fingerprinting of an applicant shall be limited to the official use of the court and its administrative arms in determining whether an applicant possesses the fitness to be admitted to the practice of law in this state; Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 281

MOTOR VEHICLES AND TRAFFICCERTIFICATES OF TITLE; TRANSFER UNDER A WILL; PROCEDURES. Code Section 40-3-33 Amended. No. 1202 (Senate Bill No. 331). AN ACT To amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, so as to authorize the commissioner to issue a certificate of title for a motor vehicle upon the transfer of a motor vehicle under a will where the motor vehicle was the decedent's only asset and no application for the administration of the estate of the deceased or the probate of such will has been made; to provide certain conditions; to provide procedures; to provide for affidavits and the form of the affidavit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to the transfer of vehicle by operation of law and the granting of a new certificate of title on such vehicle, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) (1) In the event of transfer under a will when the motor vehicle was the decedent's only asset, upon receipt of an application for a new certificate of title accompanied by the required fee, the last certificate of title, if available, and an affidavit by the applicant to the effect that the motor vehicle was owned by the decedent and was the decedent's only asset and was not encumbered, that under the will the applicant is entitled to receive title to such motor vehicle, that no application for the administration of the estate of the deceased or the probate of such will is to be had, and that the estate is not indebted and the surviving spouse, if any, and

Page 282

the heirs, if any, are sui juris and have amicably agreed that title to said vehicle be issued to the applicant, the commissioner shall issue to the person or persons shown by such evidence to be entitled thereto the certificate of title for the vehicle. (2) The commissioner shall prescribe the form of the affidavit to be used in paragraph (1) of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. CRIMINAL PROCEDURECOSTS AND JAIL FEES; ASSESSMENT BY MAGISTRATE AT COMMITTAL HEARING WHEN THE ACTION IS DISMISSED. Code Section 17-11-4 Amended. No. 1203 (Senate Bill No. 339). AN ACT To amend Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, so as to provide that a magistrate may, in his discretion, assess costs and jail fees against certain persons when at a committal hearing the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious; to provide exceptions; 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:

Page 283

Section 1 . Code Section 17-11-4 of the Official Code of Georgia Annotated, relating to assessment of costs against prosecutors of criminal proceedings, 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) A magistrate may, in his discretion, assess costs and jail fees against the person who instigated the prosecution when, at a committal hearing, the action is dismissed for want of probable cause and the magistrate finds that the complaint was unfounded and malicious. This subsection shall not apply to law enforcement personnel. Section 2 . This Act shall become effective July 1, 1986, and shall apply to prosecutions commenced on or after said effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. CONSUMERS' UTILITY COUNSELDATE FOR ABOLITION OF OFFICE. Code Section 46-10-9 Amended. No. 1204 (Senate Bill No. 346). AN ACT To amend Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, so as to change the date on which the position of consumers' utility counsel shall be abolished; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 284

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 46-10-9 of the Official Code of Georgia Annotated, relating to the abolishment of the consumers' utility counsel, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1987. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. MUNICIPALITIESANNEXATION BY MUNICIPALITIES HAVING INDEPENDENT SCHOOL SYSTEMS. Code Section 36-36-22.1 Amended. No. 1205 (Senate Bill No. 380). 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 completely revise the provisions relating to annexation by certain municipalities having independent school systems within their corporate boundaries; to provide that certain municipalities may not annex territory pursuant

Page 285

to such article until after a certain date; to provide for definitions in connection therewith; to provide for other matters relative to the foregoing; to provide for automatic repeal on a certain 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 striking Code Section 36-36-22.1, which reads 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. (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

Page 286

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 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

Page 287

(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, in its entirety and substituting in lieu thereof a new Code Section 36-36-22.1 to read as follows: 36-36-22.1. (a) As used in this Code section, the term: (1) `Assessed valuation per weighted FTE' has the meaning specified for such term by paragraph (2) of subsection (a) of Code Section 20-2-165. (2) `FTE count' means the full-time equivalent program count for a school system which is used to compute the funds needed to finance the school system's program for the ensuing year as such term is described in subsection (b) of Code Section 20-2-160 of the `Quality Basic Education Act.' (3) `Municipality' means any municipal corporation which: (A) Has within its corporate boundaries an independent school system which had an FTE count exceeding 3,000 for the fiscal school year immediately preceding 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 had an FTE count exceeding 45,000 for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27; and (C) Had an assessed valuation per weighted FTE for the independent school system of the municipality which exceeded by more than 40 percent the assessed valuation per weighted FTE of the county school system

Page 288

of the county wherein the municipality is located for the fiscal school year immediately preceding the adoption by the municipality of an annexing ordinance as provided in Code Section 36-36-27. (b) No municipality shall be authorized to annex any territory pursuant to the authority of this article until July 1, 1991. (c) Effective July 1, 1991, this Code section shall stand repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. MOTOR VEHICLE LICENSE PLATESFORT VALLEY STATE COLLEGE. Code Section 40-2-29.4 Enacted. No. 1206 (Senate Bill No. 423). 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 founding of Fort Valley State College; 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:

Page 289

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 immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows: 40-2-29.4. (a) To commemorate the founding of Fort Valley State College there shall be issued in 1987 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Fort Valley State College. 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 years 1987 through 1989, 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 $25.00 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, 1987, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 290

MOTOR VEHICLE LICENSE PLATESSAVANNAH STATE COLLEGE. Code Section 40-2-29.4 Enacted. No. 1207 (Senate Bill No. 424). 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 founding of Savannah State College; 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 immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows: 40-2-29.4. (a) To commemorate the founding of Savannah State College there shall be issued in 1987 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Savannah State College. 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 years 1987 through 1989, 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 $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate.

Page 291

Special license plates issued on or after January 1, 1987, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. EDUCATIONHEALTH INSURANCE FOR TEACHERS; CONTRIBUTIONS BY LOCAL EMPLOYERS; COVERAGE; GEORGIA MILITARY COLLEGE. Code Sections 20-2-880, 20-2-892, 20-2-893, and 20-2-895 Amended. No. 1208 (Senate Bill No. 443). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain definitions; to provide that certain contributions to health insurance funds shall be made to the

Page 292

State Personnel Board by local employers rather than from appropriations to the State Board of Education; to eliminate the authority for local employers to determine whether their teachers or employees shall be covered under certain health insurance plans; 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 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking paragraphs (3) and (4) of Code Section 20-2-880, relating to definitions and health insurance plans in education, and inserting in lieu thereof new paragraphs (3) and (4) to read as follows: (3) `Local employer' means the county or independent board of education, regional and county libraries, and the governing authority of Georgia Military College. (4) `Public school teacher,' `teacher,' and `employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. `Public school teacher,' `teacher,' and `employee' also mean librarians and other personnel employed by regional and county libraries or the high school program of Georgia Military College. `Public school teacher,' `teacher,' and `employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. `Public school teacher,' `teacher,' and `employee' shall not be deemed to include any emergency or temporary employee. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 20-2-892, relating to contributions to the health insurance fund for public school teachers, and inserting in lieu thereof a new subsection (b) to read as follows: (b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion

Page 293

of the cost of such benefits as may be established by the Governor and the board up to 5 percent of the total outlay for the salaries of teachers employed by the local employer and, in addition thereto, an amount to be established by the board to defray the cost of administration. Section 3 . Said chapter is further amended by striking Code Section 20-2-893, relating to funds for the employer contributions to the health insurance fund, and inserting in lieu thereof a new Code Section 20-2-893 to read as follows: 20-2-893. At an appropriate time during each year, the commissioner shall certify to the State School Superintendent the amount of funds that will need to be paid to the board by the Department of Education for the costs of employer contributions and the administration of providing such insurance for retired teachers as provided for by Code Section 20-2-885; and in his annual budget for the Department of Education, the State School Superintendent shall make provision for funds sufficient to pay the board such payment. Section 4 . Said chapter is further amended by striking Code Section 20-2-895, relating to contracts with local employers for certain health insurance coverage, and inserting in lieu thereof a new Code Section 20-2-895 to read as follows: 20-2-895. The board is authorized to contract with local employers for the inclusion of the teachers or employees of local employers within any health insurance plan or plans established under this subpart. Local employers are authorized to contract with the board as provided in this subsection. In the event that any contract is entered into, it shall be the duty of any local employers so contracting to deduct from the salary or other compensation of their teachers or employees such payment as may be required under any health insurance plan and to remit the funds to the board for inclusion in the health insurance fund. In addition, it shall be the duty of such local employers to make the employer contributions required for the operation of such plan or plans. For the purposes of this subsection, the term `teachers' shall mean certificated personnel and the term `employees' shall mean all other personnel.

Page 294

Section 5 . This Act shall become effective July 1, 1986. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. CIVIL PRACTICEPROCEDURES FOR OBTAINING RELIEF FROM JUDGMENTS; COMPLAINTS IN EQUITY FOR RELIEF FROM JUDGMENTS ABOLISHED; TIME LIMITS; EQUITY; FRAUD. Code Section 9-11-60 and 23-2-60 Amended. Code Section 9-3-21 and 23-2-1 Repealed. No. 1209 (Senate Bill No. 457). AN ACT To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide procedures for obtaining relief from judgments; to eliminate complaints in equity for relief from judgements; to repeal Code Section 9-3-21, relating to the time within which proceedings to set aside judgments shall be brought; to amend Title 23 of the Official Code of Georgia Annotated, relating to equity, so as to repeal Code Section 23-2-1, relating to setting aside judgments in equity; to eliminate fraud as an equitable claim for setting aside a judgment; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 9 of Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-60 which reads as follows:

Page 295

9-11-60. (a) Collateral attack . A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section. (b) Methods of direct attack . A judgement may be attacked by motion for a new trial, motion to set aside, or by complaint in equity. Judgements may be attacked by motion only in the court of rendition. Judgments may be attacked by complaint in equity in any superior court of appropriate jurisdiction. (c) Motion for new trial . A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings. (d) Motion to set aside . A motion to set aside must be predicated upon some nonamendable defect which does appear upon the face of the record or pleadings, unless the defect involves a jurisdictional error, in which case a motion to set aside shall lie to attack a judgment based upon lack of jurisdiction over the person or subject matter, regardless of whether such lack of jurisdiction appears upon the face of the record or pleadings. To be subject to motion to set aside, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show that no claim in fact existed. (e) Complaint in equity . Complaint in equity may be brought to set aside a judgment for fraud, accident, or mistake, or the acts of the adverse party unmixed with the negligence or fault of the complainant. Where a judgement is subject to be set aside in equity, the court may grant such other and further relief, legal or equitable, as may be necessary to afford complete relief. (f) Procedure; time of relief . Reasonable notice shall be afforded the parties on all motions. Relief in equity must proceed by complaint and summons. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must

Page 296

be brought within the time prescribed by law. In all other instances, all motions, complaints, or other proceedings to set aside or attack judgments shall be brought within three years from entry of the judgment complained of. (g) Clerical mistakes . Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. (h) Law of the case rule . The law of the case rule is abolished; but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby; provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be., and inserting in lieu thereof a new Code Section 9-11-60 to read as follows: 9-11-60. (a) Collateral attack . A judgment void on its face may be attacked in any court by any person. In all other instances, judgments shall be subject to attack only by a direct proceeding brought for that purpose in one of the methods prescribed in this Code section. (b) Methods of direct attack . A judgment may be attacked by motion for a new trial or motion to set aside. Judgments may be attacked by motion only in the court of rendition. (c) Motion for new trial . A motion for new trial must be predicated upon some intrinsic defect which does not appear upon the face of the record or pleadings. (d) Motion to set aside . A motion to set aside may be brought to set aside a judgment based upon:

Page 297

(1) Lack of jurisdiction over the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the record or pleadings. Under this paragraph, it is not sufficient that the complaint or other pleading fails to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed. (e) Complaint in equity . The use of a complaint in equity to set aside a judgment is prohibited. (f) Procedure; time of relief . Reasonable notice shall be afforded the parties on all motions. Motions to set aside judgments may be served by any means by which an original complaint may be legally served if it cannot be legally served as any other motion. A judgment void because of lack of jurisdiction of the person or subject matter may be attacked at any time. Motions for new trial must be brought within the time prescribed by law. In all other instances, all motions to set aside judgments shall be brought within three years from entry of the judgment complained of. (g) Clerical mistakes . Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. (h) Law of the case rule . The law of the case rule is abolished; but generally judgments and orders shall not be set aside or modified without just cause and, in setting aside or otherwise modifying judgments and orders, the court shall consider whether rights have vested thereunder and whether or not innocent parties would be injured thereby; provided, however, that any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals as the case may be.

Page 298

Section 2 . Said title is further amended by striking Code Section 9-3-21, relating to the time within which proceedings to set aside judgments shall be brought, which reads as follows: 9-3-21. All proceedings of every kind in any court of this state to set aside a judgment or decree of the court shall be made within three years from the date which the judgment or decree was entered., and inserting in lieu thereof the following: 9-3-21. Reserved. Section 3 . Title 23 of the Official Code of Georgia Annotated, relating to equity, is amended by striking Code Section 23-2-1, relating to setting aside judgments in equity, which reads as follows: 23-2-1. Equity will interfere to set aside a judgment of a court having jurisdiction only where a party had a good defense of which he was entirely ignorant or where he was prevented from presenting his defense by fraud or accident or the act of the adverse party, unmixed with fraud or negligence on his part., and inserting in lieu thereof the following: 23-2-1. Reserved. Section 4 . Said title is further amended by striking Code Section 23-2-60, relating to fraud as an equitable cause for certain relief, and inserting in lieu thereof a new Code Section 23-2-60 to read as follows: 23-2-60. Fraud will authorize equity to annual conveyances, however solemnly executed. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 299

EMPLOYMENT SECURITY LAWWAIVER OF INTEREST PAYMENTS BY THE COMMISSIONER OF LABOR; REPORTS; AUDITS. Code Section 34-8-125 Amended. No. 1210 (Senate Bill No. 470). AN ACT To amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the Employment Security Law, so as to authorize the Commissioner of Labor to waive interest payments where the delay in payment was attributable to the action or inaction of the Department of Labor; to provide for certain reports and records; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contributions under the Employment Security Law, is amended by striking Code Section 34-8-125 in its entirety and inserting in lieu thereof a new Code Section 34-8-125 to read as follows: 34-8-125. (a) Contributions unpaid on the date on which they are due and payable as prescribed by the Commissioner shall bear interest at the rate of 1 percent per month or any fraction thereof from and after such date until payment plus accrued interest is received by the Commissioner. (b) The Commissioner in his discretion 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 taxes was attributable to the action or inaction of the Department of Labor. (c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Industry

Page 300

and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of interest which is waived under this Code section. Further, the Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. EDUCATIONPUBLIC SCHOOL TEACHERS AND PROFESSIONAL EMPLOYEES; TERMINATION, SUSPENSION, NONRENEWAL, DEMOTION, OR REPRIMAND; PROCEDURES; NOTICES. Code Sections 20-2-940 and 20-2-942 Amended. No. 1211 (Senate Bill No. 478). AN ACT To amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional employees, so as to provide that certain notices required in such procedures

Page 301

must be given by certified mail; to change the notice of intended demotion or dismissal which must be given to certain personnel; to provide the manner in which an employee who is given such notice must request certain procedural rights; 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 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to procedures for termination, suspension, nonrenewal, demotion, or reprimand of public school teachers and professional employees, is amended by striking subsection (c) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending public school teachers, and inserting in its place a new subsection (c) to read as follows: (c) Service . All notices required by this part relating to suspension from duty shall be served either personally or by certified mail. All notices required by this part relating to demotion, termination, nonrenewal of contract, or reprimand shall be served by certified mail. Service shall be deemed to be perfected when the notice is deposited in the United States mail addressed to the last known address of the addressee with sufficient postage affixed to the envelope. Section 2 . Said part is further amended by striking paragraph (2) of subsection (b) of Code Section 20-2-942, relating to demotion or nonrenewal of contracts of certain teachers, and inserting in its place a new paragraph to read as follows: (2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail as provided in subsection (c) of Code Section 20-2-940. Such notice shall contain a conspicuous statement in substantially the following form: You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards

Page 302

include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by Code Sections 20-2-940 through 20-2-947, and a copy of this law is enclosed. A copy of Code Sections 20-2-940 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective such written notice that the teacher requests implementation of such procedures must be served by certified mail as provided in subsection (c) of Code Section 20-2-940. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 303

BAIL BOND BUSINESSOFFICERS OF THE COURT, LAW ENFORCEMENT OFFICERS, AND ATTORNEYS PROHIBITED FROM ENGAGING IN BAIL BOND BUSINESS. Code Section 45-11-8 Amended. No. 1212 (Senate Bill No. 565). AN ACT To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to make it unlawful for any officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by striking Code Section 45-11-8 in its entirety and inserting in lieu thereof a new Code Section 45-11-8 to read as follows: 45-11-8. (a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. (b) Any person who violates this Code section shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 304

COMPOSITE STATE BOARD OF MEDICAL EXAMINERSPUBLICATION AND DISTRIBUTION OF BOOKLET ON BREAST CANCER. Code Section 43-34-21 Amended. No. 1213 (House Bill No. 615). AN ACT To amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the Composite State Board of Medical Examiners, so as to urge physicians to distribute informational booklets on breast cancer to patients suspected of having 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 Composite State Board of Medical Examiners, is amended by striking subsection (g) and inserting in lieu 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 suspected disease, 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

Page 305

and redistributed at such times as the board shall deem necessary. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. LICENSES TO CARRY PISTOLS OR REVOLVERSFEES; RECORDS SEARCHES. Code Section 16-11-129 Amended. No. 1214 (House Bill No. 1162). 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 the provisions relating to fees to cover the cost of records searches by the Federal Bureau of 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 . Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry pistols or revolvers, is amended by striking paragraph (2) of subsection (c) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows: (2) In the case of each applicant who is applying for a license under this Code section for the first time, the judge of the probate court shall direct the law enforcement agency to transmit one set of the applicant's fingerprints to the

Page 306

Georgia Crime Information Center for a search of the Federal Bureau of Investigation records and an appropriate report. In such cases, the applicant shall submit an additional fee of $16.00 or the actual amount charged by the Federal Bureau of Investigation for a search of bureau records and an appropriate report, whichever is less, payable in such form as the judge may direct, to cover the cost of the records search. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. GRAND JURIESDUTIES; INSPECTIONS. Code Section 15-12-71 Amended. No. 1215 (House Bill No. 1233). AN ACT To amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to provide that the judge or judges of superior court may by court order provide that certain duties of the grand jury need not be carried out by each grand jury at each term of court; to specify the duties which may be so affected and which shall be certain duties relating to the inspection of certain county offices, buildings, accounts, records, reports, and related matters; to provide that in any event such duties shall be carried out by at least one grand jury each year; to provide that the removal of a grand jury's duty to carry out any such

Page 307

inspection shall not affect the grand jury's power to carry out any such inspection; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, is amended by striking Code Section 15-12-71, relating to duties of grand juries, and inserting in its place a new Code section to read as follows: 15-12-71. (a) The duties of a grand jury shall be confined to such matters and things as by the law they are required to perform. (b) The judge or judges of superior court may by order direct that certain duties of the grand jury shall not be required to be carried out at each term by each grand jury; but any such order shall provide that such duties shall be required to be carried out by at least one grand jury at at least one term of court each year. The effect of any such order shall be to remove the duty of a grand jury to carry out certain inspections as specified by the terms of the order; but no such order shall affect any grand jury's power to conduct any such inspection if the grand jury itself determines that it is advisable that it should do so. The duties of grand juries which may be affected by court order in the manner specified by this subsection shall include: (1) The duty, as specified by subsection (a) of Code Section 15-12-75, to inspect the offices, records, and operations of the clerk of superior court, district attorney, judge of the probate court, and county treasurer or county depository; (2) The duty, as specified by Code Section 15-12-78, to inspect the county jail; (3) The duty, as specified by Code Section 36-1-7, to receive and inspect returns of the judge of the probate

Page 308

court, county treasurer, clerk of the superior court, and sheriff; (4) The duty, as specified by Code Section 36-9-10, to inspect county buildings; and (5) The duty, as specified by Code Section 42-4-8, to receive and inspect the sheriff's jail report. Section 2 . This Act shall become effective upon its approval by 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 26, 1986. RAILROADSSPECIAL OFFICERS FOR THE PROTECTION OF RAILROAD PROPERTY; QUALIFICATIONS. Code Section 46-8-232 Amended. No. 1216 (House Bill No. 1323). AN ACT To amend Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, so as to remove the requirement that a special officer shall have been an employee of the company making application for six months prior to the time of application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 309

Section 1 . Code Section 46-8-232 of the Official Code of Georgia Annotated, relating to special officers for the protection of railroad property, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every special officer appointed and commissioned under this article shall be a resident of the state and of good character. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on the faithful performance of his duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. PUBLIC WORKS CONTRACTS IN CERTAIN COUNTIES (550,000 OR MORE)LOWEST RESPONSIBLE BIDDER. Code Section 36-10-2.1 Enacted. No. 1217 (House Bill No. 1340). AN ACT To amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to provide that in any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, public works contracts shall be let to the lowest responsible bidder and that any or all bids may be rejected; to provide for factors that may be considered in such counties in determining whether a bidder is responsible; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 310

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, is amended by adding immediately following Code Section 36-10-2 a new Code Section 36-10-2.1 to read as follows: 36-10-2.1. In any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 311

GENERAL ASSEMBLYASSISTANT ADMINISTRATION FLOOR LEADERS OF THE HOUSE OF REPRESENTATIVES; COMPENSATION. Code Section 28-1-8 Amended. No. 1218 (House Bill No. 1366). AN ACT To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to the salary and allowances of members and officers of the General Assembly, so as to authorize additional compensation for the assistant administration floor leaders of the House of Representatives; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to the salary and allowances of members and officers of the General Assembly, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each member of the General Assembly shall receive an annual salary, as provided for in Code Section 45-7-4, to be paid in equal monthly installments. Upon complying with the requirements of paragraph (22) of subsection (a) of Code Section 45-7-4, each member shall also be reimbursed for those actual expenses incurred in the performance of duties for which reimbursement is provided in paragraph (22) of subsection (a) of Code Section 45-7-4. The Speaker of the House of Representatives, the Speaker Pro Tempore of the House of Representatives, and the President Pro Tempore of the Senate shall receive an additional amount per annum as provided for in Code Section 45-7-4. The majority leader, the minority leader, the administration floor leader, and the assistant administration floor leaders of the House of Representatives and the majority leader, the minority leader, the administration floor leader, and the assistant

Page 312

administration floor leaders of the Senate shall each receive such additional amount per annum as shall be provided by resolution of the respective houses; but such amount for each shall not be greater than the additional amount provided by law for the Speaker Pro Tempore of the House of Representatives. All of such additional amounts shall also be paid in equal monthly installments. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. MOTOR VEHICLE LICENSE PLATESUNIVERSITY OF GEORGIA BICENTENNIAL. Code Section 40-2-29.1 Amended. No. 1219 (House Bill No. 1500). AN ACT To amend Code Section 40-2-29.1 of the Official Code of Georgia Annotated, relating to license plates commemorasting the bicentennial of the University of Georgia, so as to extend the time of issuance of such license plates; to provide for fees; to provide for the expiration date of such 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 40-2-29.1 of the Official Code of Georgia Annotated, relating to license plates commemorating the bicentennial of the University of Georgia, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:

Page 313

(a) The House of Assembly of Georgia in 1784 having given 40,000 acres of land for the support of a state institution of higher learning and having on January 27, 1785, enacted `An Act for the more full and complete establishment of a public seat of learning,' which created the University of Georgia as the first chartered state university in America, there shall be issued special license plates to commemorate the bicentennial of the founding of the University of Georgia. Section 2 . Said Code section is further amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) In calendar years 1984 through 1989, 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 $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Special license plates issued on or after January 1, 1984, under this Code section shall be used until the expiration of other seven-year license plates issued on or after January 1, 1983, as provided in Code Section 40-2-29. Section 3 . Said Code section is further amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (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 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 314

Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. GENERAL ASSEMBLYAIR TRAVEL; REIMBURSEMENT OF MEMBERS FOR COSTS. Code Section 28-1-8 Amended. No. 1220 (House Bill No. 1695). AN ACT To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, so as to change provisions relating to reimbursement for costs of air travel during the interim; 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 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) During regular and extraordinary sessions of the General Assembly, each member shall also receive a daily expense allowance as provided for in Code Section 45-7-4. Each member shall also receive the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7, for not more than one round trip to and from the member's residence and the

Page 315

state capitol by the most practical route, per calendar week, or portion thereof, during each regular and extraordinary session. In the event a member travels by public carrier for any part of a round trip as provided above, such member shall receive a travel allowance of actual transportation costs for each such part in lieu of the mileage allowance. For each day's service within the state as a member of a standing committee or of an interim committee created by or pursuant to a resolution of either or both houses or as a member of a committee, board, bureau, commission, or other agency created by or pursuant to statute or the Constitution of Georgia, such member shall receive a daily expense allowance as provided for in Code Section 45-7-4 and the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier. Any such member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his official duties as a member of any committee, board, bureau, commission, or other agency. In the event it becomes necessary for a committee to rent a meeting room in the performance of the duties of the committee, the committee chairman must have prior written approval of the President of the Senate or the Speaker of the House, or both, as the case may be, depending on the composition of the committee. The expense of such rental shall be billed to the committee. For each day's service out of state as a member of any committee, board, bureau, commission, or other agency, such member shall receive actual expenses as an expense allowance, plus the mileage allowance for the use of a personal car when devoted to official business as provided for in Code Section 50-19-7 or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. Transportation costs incurred by a member of the Senate for air travel within or without the state during the interim as a member of a committee, board, bureau, commission, or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Senate Administrative Affairs Committee. Transportation costs incurred by a member of the House of Representatives for air travel within or without the state during the interim as a member of a committee, board, bureau, commission,

Page 316

or other agency shall be reimbursed only if the incurring of such costs is approved under procedures established by the Speaker of the House. All such allowances shall be paid upon the submission of proper vouchers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. PUBLIC PROPERTYCAUSES OF ACTION; PROCEEDINGS; JUDICIAL RELIEF. Code Section 50-16-17 Enacted. No. 1221 (House Bill No. 1742). AN ACT To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, so as to empower and authorize any unit or instrumentality of government within this state to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances; to provide definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of public property, is amended by adding immediately following Code Section 50-16-16 a new Code section, to be designated Code Section 50-16-17, to read as follows:

Page 317

50-16-17. (a) Cumulative of any other prerogatives or powers, any unit or instrumentality of government within this state is empowered and authorized to assert any cause of action, initiate any proceeding, seek any remedy, and request or demand any judicial relief which pertains to property and which is available under the general law of this state to nongovernmental parties in like circumstances. Without limitation this law shall apply to matters in law and equity, matters of general civil procedure, and matters of special proceedings. This law shall apply to property in its broadest meanings and to all of its meanings within Title 44. This law shall be construed liberally as a remedial law, and it shall be applicable to all claims, whether heretofore or hereafter accruing and regardless of whether proceedings concerning such claims have commenced or may hereafter be commenced. Neither this law nor any actions taken by a governmental unit or instrumentality within its terms shall be deemed or construed as waiving sovereign immunity under state law or waiving any immunities under the Eleventh Amendment of the Constitution of the United States. (b) For purposes of this Code section, the term `real property' shall have the same meaning as `realty' and `real estate' in Code Section 44-1-2. (c) For purposes of this Code section, the term `unit or instrumentality of government' shall mean the state, its constituent agencies, associations, authorities, boards, bureaus, commissions, departments, instrumentalities, officers, and public corporations, and all like units and instrumentalities of local government, including, without limitation, counties and municipal corporations, other political subdivisions, their school boards, the boards of independent school systems, authorities and other instrumentalities, and any other entities or instrumentalities of state and local government created under or pursuant to state law and performing governmental functions. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 318

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. SUPERIOR COURTSHABEAS CORPUS AND NONJURY PROCEEDINGS IN COUNTIES IN WHICH COUNTY CORRECTIONAL INSTITUTIONS OR JAILS ARE LOCATED. Code Section 15-6-17 Amended. No. 1222 (House Bill No. 1751). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning the superior courts, so as to provide that in any county in which a county correctional institution or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings involving inmates of such county correctional institution or jail in a suitable room at the institution; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning the superior courts, is amended by striking Code Section 15-6-17 in its entirety and inserting in lieu thereof a new Code Section 15-6-17 to read as follows: 15-6-17. One or more of the judges of the superior courts must hold the superior court of each circuit at the

Page 319

county site and courthouse, if any, of each county in the respective judicial circuit or at some other place at the county site designated by law not less than twice each year, at such times as are prescribed by the General Assembly; provided, however, that, in any county in which a state correctional institution, county correctional institution, or jail is located, one or more judges of the superior court of such county shall be authorized to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail in a suitable room at the institution. Nothing in this Code section shall be construed or interpreted to require any judge to conduct habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such state correctional institution, county correctional institution, or jail nor to establish any right of any inmate of any such correctional institution to have any habeas corpus and other nonjury proceedings pursuant to Article 2 of Chapter 14 of Title 9 involving inmates of such correctional institutions. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 320

CIVIL PRACTICECHARGES TO THE JURY; WRITING; SENDING OUT WITH THE JURY. Code Section 9-10-5 Amended. No. 1249 (Senate Bill No. 313). AN ACT To amend Article 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, so as to provide that in civil actions the judges of the superior, state, and city courts shall be authorized but not required to reduce their charges to the jury to writing and to send the charges so reduced to writing out with the jury during deliberation; 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 1 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice and procedure in general, is amended by striking Code Section 9-10-5, relating to reduction of jury charges to writing, and inserting in its place a new Code section to read as follows: 9-10-5. (a) The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court. (b) In any civil action, upon motion by a party, upon request by the jury, or sua sponte, a judge of a superior, state, or city court is authorized, but shall not be required, to reduce all of the charge to the jury to writing and send

Page 321

all of the charge so reduced to writing out with the jury during its deliberation. (c) Any charge reduced to writing under subsection (a) or (b) of this Code section shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee. Section 2 . This Act shall become effective July 1, 1986, and shall apply to actions pending on said effective date as well as to actions initiated on or after said effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. METROPOLITAN RIVER PROTECTION ACTRULES AND REGULATIONS; SUBMISSION TO THE GENERAL ASSEMBLY; PROCEDURES FOR OVERRIDE OF THE RECOMMENDATIONS OF THE PLANNING AND DEVELOPMENT COMMISSION; APPEALS. Code Sections 12-5-443 and 12-5-445 Amended. No. 1250 (Senate Bill No. 317). AN ACT To amend Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, so as to require copies of rules and regulations to be submitted to the General Assembly; to require a finding from the director of the Environmental Protection Division as a prerequisite to an override by a governing authority

Page 322

of the recommendation by the planning and development commission; to provide that the director shall follow the purposes set forth in the law and the plan in making such a finding; to provide for appeals from certain findings of the director; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 6 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to protection of metropolitan rivers, is amended by striking paragraph (3) of Code Section 12-5-443, relating to land and water use plans and rules and regulations of area and metropolitan area planning and development commissions, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Make such rules and regulations as may be necessary to implement the purposes of this part and to administer and implement this part and all rules, regulations, and orders promulgated under this part. A copy of any rules and regulations promulgated pursuant to this paragraph by a metropolitan area planning and development commission created pursuant to Article 4 of Chapter 8 of Title 50 shall be provided to the Georgia Senate Natural Resources Committee and the Georgia House of Representatives Natural Resources and Environment Committee; and. Section 2 . Said part is further amended by striking Code Section 12-5-445, relating to applications for certificates, in its entirety and inserting in lieu thereof a new Code Section 12-5-445 to read as follows: 12-5-445. (a) After receipt of a complete application for a certificate, the governing authority shall transmit to the commission a copy of such complete application and all supporting documents. (b) (1) If, from the application or from its own investigation, the commission finds that there are inconsistencies between the plan and the land-disturbing activity proposed by the application, the commission may do any one of the following:

Page 323

(A) Recommend modification of the application in such manner as to be consistent with the plan; (B) Make a finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (C) Recommend modification of the application in such manner that the application as so modified, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan. (2) If the commission fails to recommend modification of the application within 60 days from submission of such application to the commission and if the governing authority makes a specific finding that the application is consistent with the plan or makes a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, the governing authority shall be deemed to have complied with this Code section and may issue the certificate. (c) In any case where the commission has recommended modification of an application, the governing authority may: (1) Adopt such recommendation, incorporate it as a condition of the certificate, and issue a certificate with such conditions, in which case any land-disturbing activity under the certificate must be strictly in accordance with the recommendation so incorporated; (2) After making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan, override such recommendation by

Page 324

affirmative vote of a two-thirds' majority of the full membership of the governing body; however, such action by the governing authority is not final unless and until the governing authority: (A) Following the affirmative vote to override, holds a second public hearing on the application and the proposed override of the commission's recommendation, after giving public notice and after mailing notice to the applicant and to the commission at least five days prior to the hearing; (B) Gives full consideration to all comments made at the second public hearing; (C) Obtains from the director a written finding that the application is consistent with the plan or, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; and (D) Reaffirms the vote to override the commission's recommendation by affirmative vote of a two-thirds' majority of the full membership of the governing authority, after again making a specific finding that the application is in compliance with the plan or a specific finding that the application, while not consistent with the plan in all respects, will provide a level of land and water resource protection equivalent to an application consistent with the plan; or (3) Request reconsideration of such recommendation by the commission at a public hearing. If the governing authority fails to take action under either paragraph (1), (2), or (3) of this subsection within 45 days after the submission of the recommendation of the commission to the governing authority, the certificate shall not be issued. Where a public hearing is requested under this subsection, such public hearing shall be held by the commission within 30 days after receipt of such request. Notice stating the time and place of the public hearing shall be

Page 325

mailed at least five days prior to the hearing to the governing authority and to the applicant and public notice shall be given. The commission shall make its final determination with respect to such recommendation within 30 days after such public hearing. The request for a public hearing under this subsection may be made by the applicant or by the governing authority involved. (d) (1) In making the findings required by subsection (b) or by paragraph (2) of subsection (c) of this Code section, the commission, the governing authority, and the director shall follow the purposes set forth in this part and the goals set forth by the plan, as amended. (2) Any finding by the director under paragraph (2) of subsection (c) of this Code section shall be appealable under Chapter 13 of Title 50, known as the `Georgia Administrative Procedure Act,' as are final decisions in contested cases. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 326

BELOW COST SALES ACTATTORNEY FEES AND COSTS; PUNITIVE DAMAGES; MARKETING OF OCTANE OR CETANE FUELS. Code Section 10-1-255 Amended. No. 1251 (Senate Bill No. 415). AN ACT To amend Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the Below Cost Sales Act, so as to provide for reasonable attorney fees and costs of litigation; to provide that a person who sustains a competitive injury may recover punitive damages in a specified amount; to provide that punitive damages shall not begin to accrue until certain conditions have been met; to provide for all related matters; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-1-255 of the Official Code of Georgia Annotated, relating to civil actions for practices in the marketing of octane or cetane fuels which are unlawful under the Below Cost Sales Act, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows: (a) Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the defendant to enjoin such violation. A successful petitioner shall be entitled to recover reasonable attorney fees and costs of litigation. (b) In addition to the action provided in subsection (a) of this Code section, any person who sustains a competitive

Page 327

injury by reason of a violation of this article may maintain an action in any court of this state having jurisdiction over the defendant to recover the actual, or special, damages sustained thereby including, but not limited to, reasonable attorneys' fees and costs of litigation. A successful claimant under this subsection shall be awarded punitive damages not to exceed $1,000.00 for each day on which the defendant continued to commit the violation of this article resulting in competitive injury after having received from the plaintiff a written notice that the defendant was engaging in such violation. The maximum amount of such punitive damages which may be awarded to any one plaintiff from any one defendant, however, shall be $200,000.00. Section 2 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 328

COUNTY COMMISSIONERSVACANCIES; DUTIES OF JUDGES OF THE PROBATE COURTS. Code Section 36-5-21 Amended. No. 1252 (Senate Bill No. 422). AN ACT To amend Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county commissioner, so as to provide for the composition of county governing authorities and provide for vacancies in the office of county commissioners pending the election and qualification of successors to fill vacancies in such office and provide for compensation for filling certain vacancies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-5-21 of the Official Code of Georgia Annotated, relating to filling of vacancies in the office of county commissioner, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 36-5-21. (a) When a vacancy occurs in the office of county commissioner in any county in which the local Act creating a board of county commissioners for the county makes no provision for succession to fill the vacancy and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court of the county to call a special election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. The election shall be held as provided by Chapter 2 of Title 21, the `Georgia Election Code,' and the cost of the election shall be defrayed by the proper county authorities. If the unexpired term to be filled is less than six months in duration, the judge of the superior court of the county shall have the power to appoint a successor to fill the unexpired term. (b) Unless otherwise provided by local law, when the office of any county commissioner is vacated for any reason

Page 329

and a special election is required to be called pursuant to subsection (a) of this Code section, the remaining members of the board of commissioners shall constitute the governing authority of the county during the interim period between the creation of the vacancy and the election and qualification of a successor to fill the vacancy pursuant to subsection (a) of this Code section, except that if as a result of that vacancy or any combination of such vacancies there is no longer any commissioner remaining in office to constitute the county governing authority, the judge of the probate court of the county shall serve as the county governing authority until the election and qualification under subsection (a) of this Code section of all successors to the vacated positions on the county governing authority. (c) A judge of the probate court serving as the county governing authority pursuant to subsection (b) of this Code section shall receive for such service, in addition to any other compensation that judge is authorized by law to receive, an amount equal to the amount the chairman of the board of commissioners or the sole commissioner, as applicable, would have been authorized to receive for that period of service. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 330

LABOR AND INDUSTRIAL RELATIONSAMUSEMENT RIDE SAFETY ACT; DEFINITIONS; APPLICABILITY; CARNIVAL RIDE SAFETY ACT ENACTED. Code Section 34-12-2 Amended. Code Sections 34-13-1 through 34-13-20 Enacted. No. 1253 (Senate Bill No. 536). AN ACT To amend Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Amusement Ride Safety Act, so as to clarify the definition of the term amusement ride; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to enact the Carnival Ride Safety Act; to provide a short title; to provide for definitions; to provide for regulation and licensing of the ownership and operation of carnival rides; to provide for enforcement by the Department of Labor; to create the Advisory Board on Carnival Ride Safety to consult with the Department of Labor; to provide for the promulgation and adoption of rules, regulations, and standards; to require safety inspections; to require certain records to be kept; to require liability insurance or other surety for liability arising from the operation of carnival rides; to provide for waivers and exceptions; to provide for civil penalties; to authorize owners and operators of carnival rides to deny entry to persons for safety reasons; to disclaim creation of any liability of the state or its officers or agencies; to provide practices, procedures, and other requirements; to provide for fees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in the Amusement Ride Safety Act, is amended by striking paragraph (2) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows:

Page 331

(2) `Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site. Section 2 . 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 13 to read as follows: CHAPTER 13 34-13-1. This chapter shall be known and may be cited as the `Carnival Ride Safety Act.' 34-13-2. As used in this chapter, the term: (1) `Advisory board' means the Advisory Board on Carnival Ride Safety created by this chapter. (2) `Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 of this title, known as the `Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3) `Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his duty by the owner or the owner's representative. (4) `Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. (5) `Commissioner' means Commissioner of Labor.

Page 332

(6) `Department' means the Department of Labor, which is designated to enforce the provisions of this chapter, to formulate standards and regulations for the approval of the advisory board, and to enforce the standards and regulations. (7) `Licensed inspector' means a registered professional engineer or any other person who is found by the department to possess the requisite training and experience to perform competently the inspections required by this chapter and who is licensed by the department to perform inspections of carnival rides. (8) `Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) `Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) `Permit' means a permit to operate a carnival ride issued to an owner by the department. (11) `Permit fee' means the fee charged by the department for a permit to operate a carnival ride. (12) `Standards and regulations' means those standards and regulations formulated and enforced by the department. 34-13-3. (a) There is created the Advisory Board on Carnival Ride Safety, which shall consist of five members who shall be appointed by the Governor. One member shall be the Commissioner or his designee; two members shall be representatives of the owners of carnival rides; one member shall be a member of the Senate or of the House of Representatives; and one member shall be a licensed mechanical engineer. (b) The terms of the members shall be two years, except that, of the first members appointed by the Governor, one shall be appointed for two years, two for three years, and

Page 333

two for four years. The Governor, in making such appointments, shall designate the term for which each is to serve and shall designate the chairman and vice-chairman of the advisory board. The terms of all members shall begin on July 1. (c) If the status of an advisory board member as a member of the group from which he was appointed should cease prior to the end of his term of office, then his position on the advisory board shall be declared vacant by the Governor. The Governor shall appoint a new member of the advisory board from the appropriate group to complete the term of office remaining upon any vacancy however occasioned. (d) The members of the advisory board shall serve without compensation but shall be reimbursed for their actual travel and lodging expenses incurred in attending meetings of the advisory board and in performing their duties as members thereof. 34-13-4. The advisory board is empowered to study any aspect of the `Carnival Ride Safety Act' and the standards and regulations adopted thereunder and to make recommendations to the department on any matter relating to the proper conduct and improvement of the chapter, including its administrative, engineering, and technical aspects. 34-13-5. (a) The department, after consultation with the advisory board, shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987. (b) The department shall: (1) Enforce all standards and regulations;

Page 334

(2) License inspectors for authorization to inspect carnival rides; (3) Issue permits upon compliance with this chapter and such standards and regulations adopted pursuant to this chapter; and (4) Establish a fee schedule for the issuance of permits for carnival rides, provided that the maximum fee for inspection of any single carnival ride shall not exceed $15.00 per ride per year. 34-13-6. The department may license such private inspectors as may be necessary to carry out the provisions of this chapter. 34-13-7. (a) No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department. The owner of a carnival ride shall apply for a permit to the department on a form furnished by the department, providing such information as the department may require. (b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator. 34-13-8. (a) All carnival rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner or operator's expense, provided that the fee for all such inspections of any carnival ride shall not exceed $15.00 per ride per year. If the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant hereto, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. (b) Carnival rides and attractions may be required to be inspected by an authorized person each time they are

Page 335

assembled or disassembled in accordance with regulations and standards established under this chapter. 34-13-9. The department may waive the requirement of subsection (a) of Code Section 34-13-8 if the owner of a carnival ride gives satisfactory proof to the department that the carnival ride has passed an inspection conducted by a federal agency, by another state, or by a political subdivision within this or another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter. 34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof, which permit shall be valid for a period of 12 months following the date of inspection by a licensed inspector, upon completion by the owner of the application for a permit, presentation of a certificate of inspection or waiver thereof by the department, and payment of the permit fee. 34-13-11. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-13-12. No person shall be permitted to operate a carnival ride unless he is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. 34-13-13. The owner of the carnival ride shall report to the department any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any carnival ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class

Page 336

mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department in person or by phone in accordance with regulations adopted by the advisory board. 34-13-14. (a) No person shall operate a carnival ride unless at the time there is in existence: (1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department. (b) Regulations under this chapter shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department and licensed to transact business in this state. 34-13-15. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter, or if any person is aggrieved by any order issued by the department, the person may make a written application to the department stating his grounds and applying for a variance. The department may grant such a variance in the spirit of the provisions of this chapter with due regard to the public safety. The granting or denial of a variance by the department shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department and such record shall be open to inspection by the public. 34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation

Page 337

or to playground equipment such as swings, seesaws, slides, jungle gyms, and rider propelled merry-go-rounds. 34-13-17. This chapter shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter. Owners of carnival rides in operation on or before the effective date of this chapter shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-13-18. Any owner of a carnival ride which is operated, except for purposes of testing or inspection, without having obtained a permit from the department or any person who violates any order, standard, or regulation adopted pursuant to this chapter may be subject to a civil fine of up to $1,000.00. An owner of a carnival ride shall not be subject to a civil fine for operation prior to obtaining the required permit if he exercised reasonable diligence to prevent such operation. 34-13-19. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his duties under this chapter. 34-13-20. Neither this chapter nor any provision of this chapter shall be construed to place any liability on the State of Georgia, the department, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 338

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. AIR TRANSPORTATION ACTPILOTS EMPLOYED BY THE DEPARTMENT OF TRANSPORTATION; MANDATORY RETIREMENT AGE. Code Section 50-19-23 Amended. No. 1254 (Senate Bill No. 562). AN ACT To amend Article 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the Air Transportation Act, so as to provide that pilots employed by the Department of Transportation may not continue in employment past 65 years of age; 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 2 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, known as the Air Transportation Act, is amended by striking Code Section 50-19-23, relating to the powers and duties of the Department of Transportation, and inserting in lieu thereof a new Code Section 50-19-23 to read as follows: 50-19-23. The department shall have the following powers and duties: (1) to supervise, maintain, and schedule all state aircraft;

Page 339

(2) To maintain a detailed record of all flights made by state aircraft; (3) To initiate a proficiency program for pilot employees; (4) To discontinue the employment of any pilot employed by the Department of Transportation to fly state aircraft upon such pilot's reaching 65 years of age; (5) To establish priorities concerning the use of state aircraft; (6) To execute such contracts as may be necessary to carry out this article; and (7) To assign special purpose state aircraft and personnel to any other department or agency of state government. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. GEORGIA STATE FINANCING AND INVESTMENT COMMISSIONAPPROPRIATIONS; USE IF DEBT IS NOT INCURRED; NEGOTIATED SALES; INVESTMENTS. Code Sections 50-17-23, 50-17-25, and 50-17-27 Amended. No. 1255 (Senate Bill No. 579). AN ACT To amend Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia State Financing

Page 340

and Investment Commission Act, so as to provide that an appropriation of highest annual debt service requirements may provide for use of the appropriation as capital outlay for specified purposes if debt is not incurred; to provide that the Georgia State Financing and Investment Commission shall be authorized to negotiate the sale of notes and bonds; to provide that the commission may invest bond proceeds in government obligations in addition to those government obligations of the United States government and those obligations guaranted by the United States government; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia State Financing and Investment Commission Act, is amended by striking subsection (a) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debt, and inserting in its place a new subsection (a) to read as follows: (a) General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of the issue, and appropriating an amount at least sufficient to pay the highest annual debt service requirements for the issue. Appropriations made in each fiscal year, as provided in this subsection, for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred; but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. Following the incurring of debt in any fiscal year for any purpose for which an appropriation has been made, there shall be deposited in the sinking fund provided for in paragraph (1) of this subsection an amount equal to the highest annual debt service requirements for such debt coming due in any succeeding fiscal year. On or prior to the end of such fiscal year, the commission shall certify to the fiscal officer of the state the amount of the appropriation for any purpose which has been transferred to the sinking

Page 341

fund and the amount of the anticipated highest annual debt service requirement of debt authorized to be issued in such fiscal year for any purpose by resolution of the commission but which actually will be incurred in the next succeeding fiscal year. The remaining appropriation for any purpose, after deducting the aggregate amounts described in the preceding sentence, shall lapse, except that any such amount attributable to an appropriation to general obligation debt for the construction and improvement of public roads and bridges shall not lapse but shall be paid to the Department of Transportation. The General Assembly may provide in an appropriation of highest annual debt service requirements that if the commission determines not to incur the debt so authorized, the commission may expend the appropriation as capital outlay for the purposes specified in the appropriation. The appropriation as capital outlay shall lapse at the end of the fiscal year of the appropriation unless committed as provided by law. The appropriation as highest annual debt service shall expire as authorization for debt when the funds are committed as capital outlay but shall otherwise lapse as provided by law. (1) The General Assembly shall appropriate to a special trust fund designated `State of Georgia General Obligation Debt Sinking Fund' such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for retirement of general obligation debt payable therefrom. (2) If the General, Assembly shall fail to make any appropriation or if for any reason the moneys in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same becomes due, the director of the Fiscal Division of the Department of Administrative Services shall set apart from the first revenues thereafter received, applicable to the general fund of the state, such amounts as are necessary to cure any such deficiencies and shall immediately deposit the same into the sinking fund. The director of the Fiscal Division of the Department of Administrative Services may be required to set aside and apply such revenues as aforesaid at the action

Page 342

of any holder of any general obligation debt incurred under this article. The obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Article IX, Section VII, Paragraph I(a) of the Constitution of Georgia of 1976. (3) The moneys in the sinking fund shall be as fully invested as practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase. (4) Appropriations to the sinking fund for debt service requirements attributable to public debt incurred or to be incurred for construction, and improvement of public roads and bridges shall be considered as an appropriation for activities incident to providing and maintaining an adequate system of public roads and bridges in this state for the purpose of Article III, Section IX, Paragraph VI(b) of the Constitution. Section 2 . Said article is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-25, relating to authorization for the issuance and sale of notes and bonds, and inserting in its place a new paragraph (3) to read as follows: (3) An authorizing resolution may authorize the issuance and sale of notes or it may authorize the issuance and sale of bonds at public or private sale in such manner and for such price as the commission may determine to be for the best interests of the state. Section 3 . Said article is further amended by striking subsection (b) of Code Section 50-17-27, relating to the authority of the Georgia State Financing and Investment Commission to invest bond proceeds, and inserting in its place a new subsection (b) to read as follows: (b) Proceeds received from the sale of bonds evidencing general obligation debt shall be held in trust by the commission

Page 343

and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization of the General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations of the United States or of subsidiary corporations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, and no others. Income earned on any such investments or otherwise earned by the commission shall be retained by the commission and used to purchase and retire any public debt or any bonds or obligations issued by any public agency, public corporation, or authority which are secured by a contract to which the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of Georgia of 1976 is applicable and may be used to pay operating expenses of the commission. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 344

BONDSGEORGIA RESIDENTIAL FINANCE AUTHORITY; STATE CEILING; GEORGIA ALLOCATION PLAN; CONTINGENT REPEAL. Code Section 8-3-176 Amended. Code Section 36-82-200 Enacted. No. 1256 (Senate Bill No. 580). AN ACT To amend Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to powers of the Georgia Residential Finance Authority, so as to provide for the repeal of certain provisions relating to the state ceiling on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the Mortgage Subsidy Bond Tax Act of 1980, upon the occurrence of certain events; to amend Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Georgia Allocation Plan, so as to provide for the repeal of said article and the Georgia Allocation Plan upon the occurrence of certain events; to override any specified percentage or amount of a state ceiling or volume cap otherwise set aside by federal law for any category or categories of state or local government obligations; to provide for the designation of the commissioner of community affairs as the official to certify or otherwise provide certain information to the United States Department of the Treasury and its officials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 8-3-176 of the Official Code of Georgia Annotated, relating to powers of the Georgia Residential Finance Authority, is amended by adding at the end of said Code section a new subsection (h) to read as follows: (h) If federal legislation is enacted prior to February 1, 1987, which requires that allocations for single-family residential housing obligations issued by state or local government units, or both, be issued in a manner not currently

Page 345

provided for in those certain statutory provisions relating to the `state ceiling' on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the `Mortgage Subsidy Bond Tax Act of 1980,' in order to issue certain state and local government single-family residential housing obligations the interest on which is exempt from federal income taxation, then those certain statutory provisions relating to the `state ceiling' on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the `Mortgage Subsidy Bond Tax Act of 1980,' shall stand repealed on the effective date specified in such federal legislation as of which any such state or local government unit would be unable to issue single-family residential housing obligations the interest on which is exempt from federal income taxation because the aforesaid statutory provisions relating to the `state ceiling' on single-family residential housing bonds imposed by and defined in subsection (g) of Code Section 8-3-176, the `Mortgage Subsidy Bond Tax Act of 1980,' does not contain or contemplate provisions consistent with such federal legislation in regard to allocations for such obligations. Section 2 . Article 8 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the Georgia Allocation Plan, is amended by adding at the end thereof a new Code Section 36-82-200 to read as follows: 36-82-200. If federal legislation is enacted prior to February 1, 1987, which requires that allocations for obligations (other than single-family residential housing obligations) issued by state or local government units, or both, be issued in a manner not currently provided for in the Georgia Allocation Plan in order to issue certain state and local government obligations (other than single-family residential housing obligations) the interest on which is exempt from federal income taxation, then this article and the Georgia Allocation Plan shall stand repealed on the effective date specified in such federal legislation as of which any such state or local government unit would be unable to issue obligations (other than single-family residential housing obligations) the interest on which is exempt from federal income taxation because the Georgia Allocation Plan does not contain or contemplate provisions consistent with such federal legislation in regard to allocations for such obligations.

Page 346

Section 3 . If federal legislation (such as H. R. 3838) is enacted prior to February 1, 1987, requiring a set-aside or set-asides of a portion or portions of the state ceiling or volume cap for any category or categories of state or local government obligations, or both, including, without limitation, housing related obligations, such set-aside or set-asides are overriden to the fullest extent permitted by such federal legislation. Section 4 . If federal legislation (such as H. R. 3838) is enacted prior to February 1, 1987, effectively requiring certificates or reports to be made by a state official to the United States Department of the Treasury or any official of said department in order to secure or maintain the exemption from federal income taxation of interest on obligations issued by state or local government units, or both, the commissioner of community affairs is designated as the state official to make any such certifications or reports to the fullest extent that such federal legislation permits this designation. Section 5 . Sections 3 and 4 of this Act are not intended to allocate the state's ceiling or volume cap or to comprehensively address such allocation, nor are they intended to affect, or to be construed as affecting, any right and power which the Governor of the State of Georgia may be granted pursuant to any federal legislation hereafter enacted to proclaim a formula for allocating the state's ceiling or volume cap. Sections 3 and 4 of this Act are only intended to constitute action in those discrete areas of any federal legislation hereafter enacted which specifically require legislative action, and such discrete action is being taken at this time because the General Assembly may not come into session again until after the effective date of such federal legislation. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 347

COUNTIESSINGLE COMMISSIONERS OF COUNTIES; MINIMUM ANNUAL SALARIES. Code Section 36-5-25 Enacted. No. 1257 (House Bill No. 453). AN ACT To amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide minimum annual salaries for county commissioners of counties which are governed by a single county commissioner; to provide exceptions; to provide for application with respect to any expense allowance or automobile allowance received by a county commissioner in addition to his salary; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, is amended by adding at the end of Article 2 a new Code Section 36-5-25 to read as follows: 36-5-25. (a) Except as otherwise provided in Code Section 36-5-23 and Code Section 36-5-24, in every county of this state in which the county government is administered by a single county commissioner, such county commissioner shall be entitled to receive a minimum annual salary equal in amount to the minimum annual salary provided for the sheriff of any such county pursuant to the provisions of subsection (a) of Code Section 15-16-20; provided, however, that a local law may provide for a greater annual salary than such minimum salary or may provide an expense allowance in addition to such minimum salary or in addition to such greater salary; provided, further, that any such county commissioner may by resolution elect to receive a salary of lesser amount which is provided by a local law. (b) The provisions of subsection (a) of this Code section shall not affect any automobile allowance provided for any such county commissioner pursuant to local law.

Page 348

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. ELECTIONSPOLLING PLACES; STANDARDS FOR SELECTION. Code Sections 21-2-266 and 21-3-164 Amended. No. 1258 (House Bill No. 1235). AN ACT To amend Code Section 21-2-266 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for state and county elections, and Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, so as to require that in selecting polling places the election superintendent or governing authority shall give consideration to the comfort and convenience those places to be selected will provide for both electors and poll officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-266 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for state and county elections, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) In selecting polling places, the superintendent shall select, wherever practicable and consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal buildings

Page 349

or rooms, or other public buildings for that purpose. In selecting polling places, the superintendent shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities, upon request of the superintendent, shall make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. Section 2 . Code Section 21-3-164 of the Official Code of Georgia Annotated, relating to the use of public buildings as polling places for municipal elections, is amended by striking subsection (a) thereof and inserting in its place a new subsection (a) to read as follows: (a) In selecting polling places, the governing authority shall, wherever practicable, select schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the governing authority shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities shall, upon request of the municipal governing authority, make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 350

GEORGIA WATER QUALITY CONTROL ACTPERMIT TERMS; GENERAL PERMITS; FEDERAL FUNDS; PENALTIES; LOCAL ORDINANCES. Code Sections 12-5-30, 12-5-52, and 12-5-53 Amended. Code Section 12-5-38.1 Enacted. No. 1259 (House Bill No. 1280). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to authorize the director to set the permit term consistent with federal law but not to exceed ten years; to authorize the issuance of general permits for discharges of pollutions; to provide for the administration of certain federal funds; to provide increased civil penalties; to provide increased criminal penalties; to provide an additional criminal penalty for a knowing violation of this article; to provide an additional criminal penalty for a knowing violation of this article which places another person in imminent danger of death or serious bodily injury; to provide for related matters; to provide for the effect of this article on local 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 . Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, is amended by striking in its entirety subsection (d) of Code Section 12-5-30, relating to permits for construction and operation of facilities which discharge pollutants into waters of the state, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Each permit issued under subsections (a) and (b) of this Code section shall have a fixed term set by the director consistent with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended but not to exceed ten years. Upon expiration of such permit, a new permit may

Page 351

be issued by the director after review by him in accordance with such guidelines as he shall prescribe; after notice and opportunity for public hearing; and upon condition that the discharge meets or will meet, pursuant to any schedule of compliance included in such permit, all applicable water quality standards, effluent limitations, and all other requirements established pursuant to this article. The director is authorized to include in permits issued under this subsection such terms and conditions as are authorized under subsections (a) and (c) of this Code section. The director may revoke, suspend, or modify any permit issued under this subsection or subsection (a) or (b) of this Code section, for cause, including but not limited to the following: (1) Violation of any condition of the permit; (2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; (3) Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. In the event of modification, suspension, or revocation of a permit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. Section 2 . Said article is further amended by adding at the end of Code Section 12-5-30, relating to permits for construction and operation of facilities which discharge pollutants into waters of the state, a new subsection (f) to read as follows: (f) The director may issue general permits for discharges of pollutants from categories of point sources which are subject to the same permit limitations and conditions. Such general permits may be issued without individual applications. Section 3 . Said article is further amended by adding immediately following Code Section 12-5-38 a new Code Section 12-5-38.1 to read as follows: 12-5-38.1 (a) The director is authorized to administer funds granted to the state by the administrator of the federal

Page 352

Environmental Protection Agency pursuant to Title II of the federal Water Pollution Control Act, as now or hereafter amended, for the purpose of providing assistance to municipalities, counties, or any combination thereof or to any public authority, agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. (b) Any such funds received from the administrator of the federal Environmental Protection Agency shall be deposited in a water pollution control revolving fund established by the director. In addition to such federal funds, other non-federal funds may be deposited in such revolving fund as they become available to the division. The forms of revolving fund assistance and the manner of administering such fund shall be determined in accordance with rules and regulations promulgated by the Board of Natural Resources. (c) The director is authorized to contract with any other state agency, authority, board, or commission for the purpose of providing for the management, investment, and disbursement of all funds deposited in the water pollution control revolving fund. Section 4 . Said article is further amended by striking in its entirety subsection (a) of Code Section 12-5-52, relating to civil penalty, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person violating any provision of this article or any permit condition or limitation established pursuant to this article or, negligently or intentionally, failing or refusing to comply with any final or emergency order of the director issued as provided in this article, shall be able to a civil penalty not to exceed $25,000.00 per day for each day during which such violation continues. Section 5 . Said article is further amended by striking Code Section 12-5-53, relating to criminal penalty, and inserting in lieu thereof a new Code Section 12-5-53 to read as follows: 12-5-53. (a) Any person who violates any provision of this article or any permit condition or limitation established

Page 353

pursuant to this article or who fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article or who violates any requirement imposed in a pretreatment program approved by the director or who introduces into a sewer system or into a publicly owned treatment works any pollutant or hazardous substance which causes or may reasonably be anticipated to cause personal injury or property damage or which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works pursuant to this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $2,500.00 per day nor more than $25,000.00 per day of violation, or imprisoned no more than one year, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $50,000.00 per day of violation, by imprisonment for not more than two years, or both. (b) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained by this article or by any permit, rule, regulation, or order issued under this article, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained by this article or by any permit, rule, regulation, or order issued under this article, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000.00, imprisoned not more than two years, or both. If the conviction is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000.00 per day of violation, or by imprisonment for not more than four years, or both. (c) Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who knowingly fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article or who knowingly violates any requirement imposed in a pretreatment program approved by the director or who knowingly introduces into a sewer system or into a publicly owned treatment works

Page 354

any pollutant or hazardous substance which causes or may reasonably be anticipated to cause personal injury or property damage or which causes such treatment works to violate any effluent limitation or condition in any permit issued to the treatment works pursuant to this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 per day nor more than $50,000.00 per day of violation or by imprisonment for not more than two years, or both. If the conviction is for a violation committed after the first conviction of such person under this subsection, punishment shall be by a fine of not more than $100,000.00 per day of violation or by imprisonment for not more than four years, or both. (d) Any person who knowingly violates any provision of this article or any permit condition or limitation established pursuant to this article or who knowingly fails, neglects, or refuses to comply with any final order of a court lawfully issued as provided in this article and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $250,000.00 or imprisonment of not more than 15 years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1 million. The following provisions apply for the purpose of this subsection: (1) In determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury, the person is responsible only for actual awareness or actual belief that he possessed, and knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant; except that in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information; (2) It is an affirmative defense to prosecution that the conduct charged was consented to by the person endangered and that the danger and conduct charged were

Page 355

reasonably foreseeable hazards of an occupation, a business, a profession, medical treatment, or medical or scientific experimentation conducted by professionally approved methods and that the person endangered had been made aware of the risks involved prior to giving consent. Such defense must be established by the preponderance of the evidence; (3) The term `organization' means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons; and (4) The term `serious bodily injury' means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (e) It shall be an affirmative defense under subsections (a) and (c) of this Code section that the introduction of any pollutant or hazardous substance into a sewer system or a publicly owned treatment works was in compliance with all applicable federal, state, and local requirements which govern the introduction of a pollutant or hazardous substance into a sewer or publicly owned treatment works. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 356

STATE GOVERNMENTMILEAGE AND TRAVEL EXPENSE REIMBURSEMENT. Code Section 50-19-7 Amended. No. 1260 (House Bill No. 1348). AN ACT To amend Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, so as to change the mileage allowance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-19-7 of the Official Code of Georgia Annotated, relating to reimbursement for mileage and travel expenses for public officials and employees, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 50-19-7 to read as follows: 50-19-7. The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be paid 21 per mile as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees. Members of the General Assembly shall not receive the 21 per mile until members take office on the convening date of the General Assembly in regular session in 1987 and until that time shall receive 20 per mile. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 357

UNIFORM COMMERCIAL CODESECURED TRANSACTIONS; FINANCING AND CONTINUATION STATEMENTS; MATURITY DATE; EXPIRATION. Code Sections 11-9-402 and 11-9-403 Amended. No. 1261 (House Bill No. 1364). AN ACT To amend Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, so as to require that a financing statement and a continuation statement shall specify the maturity date of the secured obligation or shall specify that the obligation is not subject to a maturity date only as to certain secured transactions; to provide for the expiration of financing statements and continuation statements after certain times; to provide for all related matters; to provide 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 . Part 4 of Article 9 of Title 11 of the Official Code of Georgia Annotated, relating to filing of financing statements in secured transactions, is amended by striking subsections (1) and (3) of Code Section 11-9-402, relating to formal requisites of financing statements, and substituting in lieu thereof new subsections (1) and (3) to read as follows: (1) A financing statement is sufficient if it gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, contains a statement indicating the types, or describing the items, of collateral, and, where both (i) the colleteral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation

Page 358

or specifies that such obligation is not subject to a maturity date. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, or minerals or accounts subject to subsection (5) of Code Section 11-9-103, or when the financing statement is filed as a fixture filing (Code Section 11-9-313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection (5) of this Code section. A copy of the security agreement is sufficient as a financing statement if it contains the above information and is signed by the debtor. `Secured obligation' for purposes of this Code section and Code Section 11-9-403 shall include a loan or any series of advances of money pursuant to a loan agreement or undertaking or any forbearance to enforce a claim for the collection of money or any purchase price or any installment obligation or any other obligation. (3) A form substantially as follows is sufficient to comply with subsection (1) of this Code section: Name of debtor (or assignor)..... Address..... Name of secured party (or assignee)..... Address..... (If both (i) the collateral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation is originally 5,000.00 or less) Maturity date of obligation..... 1. This financing statement covers the following types (or items) of property: (Describe)..... 2. For financing statements to be indexed in the real estate records:

Page 359

(Use whichever applicable to collateral involved) The above crops are growing or are to be grown on: (Describe real estate) The above goods are or are to become fixtures on: (Describe real estate) The above minerals or the like (including oil and gas) or accounts will be financed at the wellhead or mine-head of the well or mine on: (Describe real estate) And this financing statement is to be indexed in the real estate records. (If the debtor does not have an interest of record in the real estate) The name of the record owner or record lessee of the real estate is..... 3. (If products of collateral are claimed) Products of the collateral are also covered. (Use whichever is applicable) Signature of debtor (or assignor)..... Signature of secured party (or assignee)..... Section 2 . Said part is further amended by striking subsections (2) and (3) of Code Section 11-9-403, relating to filing and termination of financing statements, and substituting in lieu thereof new subsections (2) and (3) and a new subsection (8) to read as follows: (2), Except as provided in subsections (6) and (8) of this Code section a filed financing statement is effective for a period of five years from the date of filing or until the twentieth day following any maturity date specified in the financing statement, whichever is earlier. Except as provided in

Page 360

subsection (8) of this Code section, the effectiveness of a filed financing statement lapses on the earlier of the expiration of the five-year period or the twentieth day following any maturity date specified in the financing statement unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60 days or until the normal expiration date of the financing statement, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse. (3) A continuation statement may be filed by the secured party within six months prior to the expiration date specified in subsection (2) of this Code section. Any such continuation statement must be signed by the secured party, identify the original statement by file number, state the original statement is still effective, and, where both (i) the collateral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation as defined in subsection (1) of Code Section 11-9-402 is originally $5,000.00 or less, specify the maturity date of the secured obligation or specify that such obligation is not subject to a maturity date. If the debtor's residence or principal place of business or the location of the collateral in this state has changed since the original filing so that the office where that filing was made is no longer the proper place to file an original statement under subsection (1) of Code Section 11-9-401, then the continuation statement shall be filed in the office where it is then proper to file original statements and shall recite the office where the original statements is filed and its file number in that office. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for a period of five years after the

Page 361

date to which the filing was effective or until the twentieth day following any maturity date specified in the continuation statement, whichever is earlier whereupon it lapses in the same manner as provided in subsection (2) of this Code section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. (8) Except as provided in subsection (6) of this Code section, any financing statement or continuation statement which was filed on or after July 1, 1985, which described collateral not consisting only of consumer goods as defined in Code Section 11-9-109, or for which the secured obligation as defined in subsection (1) of Code Section 11-9-402 originally was greater than $5,000.00, is effective for a period of five years from the date of filing notwithstanding any maturity date specified in any such financing or continuation statement and notwithstanding any provision of prior law to the contrary, unless such financing statement or continuation statement lapsed prior to the effective date of this subsection. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to financing statements and continuation statements originally filed on or after said effective date, except that the new subsection (8) of Code Section 11-9-403 shall apply to financing statements and continuation statements filed on or after July 1, 1985. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 362

HERTY FOUNDATIONPOWERS; RESEARCH, EXPERIMENTATION, PRODUCTION, AND MANUFACTURE OF NATURAL AND SYNTHETIC FIBERS AND MATERIALS. Code Sections 12-6-131, 12-6-133, 12-6-134, and 12-6-138 Amended. No. 1262 (House Bill No. 1462). AN ACT To amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to expand the powers of the foundation to include research and experimentation and production and manufacture with respect to natural and synthetic fibers and materials; 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 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, is amended by striking subsection (c) of Code Section 12-6-131, relating to the powers of the Herty Foundation, generally, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The purposes of the foundation are to experiment in pulpwood of all kinds, to discover and determine uses for which the same are adaptable, to conduct research and experimentation with respect to natural and synthetic fibers and materials of all types, to produce and manufacture for others goods and products using such pulpwood, fibers, and materials, and to permit those states, subdivisions, corporations, and individuals who contribute to the maintenance and support of the foundation to share fully and equally in the accomplishments and services of the foundation. Section 2 . Said part is further amended by striking Code Section 12-6-133, relating to the powers of the Herty Foundation,

Page 363

and inserting in lieu thereof a new Code Section 12-6-133 to read as follows: 12-6-133. The foundation shall have the following powers: (1) To establish and modify from time to time a system of experimentation in pulpwood; (2) To conduct research and experimentation with respect to natural and synthetic fibers and materials of all types and to produce and manufacture for others goods and products using pulpwood and natural or synthetic fibers and materials; (3) To accept and hold title to the equipment of every kind now being used at Savannah, Georgia, or elsewhere; (4) To acquire and own realty and personal property regardless of where located; and (5) To do generally such acts and things as are found necessary to promote and advance the basic purpose of the foundation as stated in Code Section 12-6-131. Section 3 . Said part is further amended by striking subsection (b) of Code Section 12-6-134, relating to services rendered by the foundation, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The foundation is authorized to accept donations, bequests, and appropriations from this state or any other state or any subdivision thereof or from any individual or corporation. In consideration of such appropriations, the foundation is empowered to conduct, within the limits of its equipment, experimentation on any pulpwood or natural or synthetic fibers or materials peculiarly beneficial to the various states making such appropriations. Section 4 . Said part is further amended by striking Code Section 12-6-138, relating to support of experimental work, and inserting in lieu thereof a new Code Section 12-6-138 to read as follows:

Page 364

12-6-138. The board of directors as provided for in Code Section 12-6-132 shall have such authority as they may, in their discretion, require in order to extend support to other individuals or foundations in experimental work with pulpwood or natural or synthetic fibers or materials of all kinds. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. REAL ESTATE BROKERS AND SALESPERSONSQUALIFICATIONS; RENEWAL OF LICENSES; REVOCATION; HEARINGS; NOTICES; TRUST AND ESCROW ACCOUNTS; CONTRACTS. Code Title 43, Chapter 40 Amended. No. 1263 (House Bill No. 1545). 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 licensure as a salesperson; to change certain educational requirements; to change the time for renewal of licenses; to change certain conditions for the granting of a license; to provide for the revocation of licenses; to provide for hearings; to provide for notification to the commission upon a broker changing the address of the broker's place of business; to change certain requirements for trust or escrow accounts; to change certain violations; to provide that it shall be lawful for licensees to complete listing or sales contracts or leases which have been prepared by legal counsel; to provide for exceptions; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 365

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 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 subsections (a) through (c) of Code Section 43-40-8, relating to the qualifications of licensees, in its entirety and inserting in lieu thereof new subsections (a) through (c) to read as follows: (a) In order to qualify for a salesperson's license an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 60 inclass hours in a salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers and salespersons after completing at least 30 hours of the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker or associate broker's license, an applicant must: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9;

Page 366

(3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission coverning 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. Failure to meet any of the requirements shall be grounds for denial of license without a hearing. (c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 30 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission in its discretion may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner: (1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and: (A) Has not completed all in-class sessions or required exercises or examinations;

Page 367

(B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school; may reinstate the license by completing the course within six months of the lapsing of the license. (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (a) of this Code section. Part 2 Section 2 . Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by striking subsections (c) through (g) of Code Section 43-40-8, relating to qualifications of licensees, in their entirety and inserting in lieu thereof new subsections (c) through (h) to read as follows: (c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study not to exceed 80 in-class hours approved by the commission. (d) Except those persons actively licensed on January 1, 1980, each applicant for renewal of a license must furnish to the commission evidence of satisfactorily completing a continuing education course or courses not to exceed six hours of study every two years in a course or courses approved by the commission. This requirement of continuing education must be met for each renewal period. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional

Page 368

organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. (e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require. (f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter. (g) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business. (h) The commission, through its rules and regulations, shall establish standards for the offering by correspondence of all or any portion of the education courses required by this Code section. Section 3 . Said chapter is further amended by striking subsections (c), (d), (h), (l), and (m) of Code Section 43-40-12, relating to license fees, and inserting in their respective places new subsections (c), (d), (h), (l), and (m) 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. (d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code

Page 369

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. (h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days. (l) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If such approvals lapse, the school or instructor may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the commission may require. (m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who: (1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status;

Page 370

(2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and (3) Fails to respond within 14 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 43-40-15, relating to the granting and revocation of real estate licenses generally, in its entirety and inserting in lieu thereof a new subsection (b) of Code Section 43-40-15 to read as follows: (b) Where an applicant for a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, 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. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if: (1) At least ten years have passed since the applicant was convicted or released from any incarceration, whichever is later; (2) No criminal charges are pending against the applicant; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence

Page 371

to transact the business of a licensee in such a manner as to safeguard the interest of the public. Section 5 . Said chapter is further amended by striking subsection (g) of Code Section 43-40-15, relating to the granting and revocation of licenses generally, and inserting a new subsection (g) to read as follows: (g) Where an applicant for a salesperson's, associate broker's, or broker's license 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. An applicant for licensure as an associate broker or a broker who has had a license revoked by any occupational licensing body of this state, any other state, or any foreign country may be licensed by the commission as an associate broker or a broker only if: (1) At least ten years have passed since the date that the applicant's occupational license was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. Section 6 . Said chapter is further amended by adding at the end of Code Section 43-40-15, relating to the granting and revocation of real estate licenses generally, a new subsection (h) to read as follows: (h) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose

Page 372

upon that licensee any sanction permitted by this chapter. Section 7 . Said chapter is further amended by striking subsection (a) of Code Section 43-40-19, relating to a change of the place of business of a broker, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 14 days of such change. Section 8 . Said chapter is further amended by striking subsection (c) of Code Section 43-40-20, relating to required trust or escrow accounts for real estate business, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. Such examination may be made biennially or at such time as the commission may direct upon reasonable cause. The commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations in lieu of an examination by a duly authorized representative of the commission. Section 9 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Refusing, because of race, color, sex, religion, or national origin to show, sell, or rent any real estate for sale or rent to prospective purchasers or renters;. Section 10 . Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-40-25, relating to violations, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal;.

Page 373

Section 11 . Said chapter is further amended by striking paragraph (16) of subsection (a) of Code Section 43-40-25, relating to violations, which reads as follows: (16) Soliciting, selling, or offering real estate for sale by offering free lots or conducting lotteries for the purpose of influencing a purchaser or prospective purchaser of real estate;, and inserting in lieu thereof the following: (16) Reserved;. Section 12 . Said chapter is further amended by striking paragraphs (28) through (31) of subsection (a) of Code Section 43-40-25, relating to violations, in their entirety and inserting in lieu thereof the following: (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; or (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker. Section 13 . Said chapter is further amended by adding immediately following Code Section 43-40-25, relating to violations, a new Code Section 43-40-25.1 to read as follows: 43-40-25.1. It shall be lawful for licensees to complete listing or sales contracts or leases whose form has been prepared by legal counsel and such conduct shall not constitute the unauthorized practice of law. In completing a lease or a written offer to buy, sell, lease, rent, or exchange real property, a licensee shall include a description of the property involved, a method of payment, any special stipulations or addenda the offer requires, and, upon acceptance by the offeree, the date of such acceptance. Section 14 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 43-40-29, relating

Page 374

to exceptions, and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows: (1) Any person who, as owner, as the spouse of an owner, as general partner of a limited partnership, as lessor, or as prospective purchaser or their regular employees, performs any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment complexes under a contract approved by any federal agency;. Section 15 . Said chapter is further amended by striking subsection (b) of Code Section 43-40-29, relating to exceptions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44. Part 3 Section 16 . (a) Part 1 of this Act shall become effective on January 1, 1987. (b) Except as provided in subsection (c) of this section, Part 2 of this Act shall become effective on July 1, 1986. (c) Sections 14 and 15 of Part 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 17 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 375

TEACHERS RETIREMENT SYSTEM OF GEORGIACONTRIBUTIONS; LOCAL UNITS OF ADMINISTRATION; STATE BOARD OF EDUCATION. Code Sections 47-3-43 and 47-3-48 Amended. No. 1264 (House Bill No. 1570). 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 certain contributions shall be made by local units of administration rather than from appropriations made to the State Board of Education; to provide for other maters 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 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, is amended by striking paragraph (4) of Code Section 47-3-43 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The state's share of employer contributions, which is to be borne by appropriation from the state, payable to the board of trustees, shall consist of the normal and accrued liability contributions based on the part of the earnable compensation of members payable from funds of the Board of Regents of the University System of Georgia or other funds of the state, but excluding any appropriations made to the State Board of Education, at the rates determined under this Code section. The balance of the cost for pensions, consisting of the normal and accrued liability contributions at the rates determined under this Code section, shall be borne by the employers having contributing members in their employ, including local units of administration for all members in their employ; and each such employer shall pay, from any funds available to such employer expressly including

Page 376

funds derived from the state under Article 6 of Chapter 2 of Title 20, the `Quality Basic Education Act,' such contributions to the board of trustees, immediately upon coming due, which contributions shall be credited to the pension accumulation fund. Section 2 . Said chapter is further amended by striking Code Section 47-3-48, relating to contribution rates, and inserting in lieu thereof a new Code Section 47-3-48 to read as follows: 47-3-48. Thirty days prior to the time the State Board of Education fixes the minimum schedule of teachers' salaries for the ensuing year, the normal and accrued contribution rates, as determined on the basis of the last annual actuarial valuation, shall be certified by the board of trustees to each employer having members in its employ. Each such employer other than the state shall include in its budget filed with the State School Superintendent amounts equal to the prospective contributions on account of contributing members in its employ for the ensuing year. The Board of Regents of the University System of Georgia in their estimates of the funds necessary for the operation of their respective units, which estimates are submitted to the Governor and General Assembly, shall include a request for an appropriation payable to the board of trustees in an amount equal to the portion of the normal and accrued liability contributions payable from funds of the Board of Regents of the University System of Georgia or from other state funds and for an additional amount as expense for the operation of the retirement system. The General Assembly shall make appropriations to the board of trustees sufficient to provide for such contributions as a part of the earnable compensation of members payable from such funds and for the necessary expenses of carrying out this chapter. Section 3 . This Act shall become effective July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986.

Page 377

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITYVENUE OF ACTIONS; SUPERIOR COURT OF HALL COUNTY. Code Section 12-3-341 Amended. No. 1265 (House Bill No. 1835). AN ACT To amend Code Section 12-3-341 of the Official Code of Georgia Annotated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, so as to provide that actions shall be brought in the Superior Court of Hall County; to provide an effective date and for applicability in connection therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-3-341 of the Official Code of Georgia Annotated, relating to venue and jurisdiction of actions involving the Lake Lanier Islands Development Authority, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 12-3-341 to read as follows: 12-3-341. Any action to protect or enforce any rights under this part shall be brought in the Superior Court of Hall County, Georgia, and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive original jurisdiction of such actions. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to any suit or action filed on or after that date. The provisions of this Act shall not affect any suit or action filed prior to the effective date of this Act in the Superior Court of Fulton County.

Page 378

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 26, 1986. BOARDS OF COMMISSIONERS OF COUNTIES OF 550,000 OR MORECOMPENSATION. No. 1317 (House Bill No. 1642). AN ACT To amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), so as to change the provisions relating to the United States decennial census used for the population classifications of such counties; to change the provisions relating to the compensation of the chairman and other members of the board of commissioners of such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved April 20, 1982 (Ga. L. 1982, p. 5100) and by an Act approved March 14, 1983 (Ga. L. 1983, p. 416), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

Page 379

Section 1. The chairman of the board of commissioners of counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census shall be compensated in an amount not exceeding $17,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $16,000.00 per annum. The compensation of the chairman and members of the board of commissioners of such counties shall be fixed within the limitations provided in this section by a budget providing for the amount of such compensation being adopted by such board of commissioners, but a change in compensation may not become effective until on or after the date the members of the board take office following a regular county election. The compensation provided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury. Section 2 . This Act shall become effective 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 380

UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS LAWENACTED. Code Sections 9-12-130 through 9-12-138 Enacted. No. 1326 (Senate Bill No. 164). AN ACT To amend Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, so as to enact the Uniform Enforcement of Foreign Judgments Law; to provide a short title; to provide for a definition; to provide for the filing, status, and effect of foreign judgments; to provide for affidavits and notices of filing; to provide for stays of enforcement and for security pending the stays; to provide for fees; to provide for optional procedures; to provide for interpretation; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to verdict and judgments, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 9-12-130. This article may be cited as the `Uniform Enforcement of Foreign Judgments Law.' 9-12-131. As used in this article, the term `foreign judgment' means a judgment, decree, or order of a court of the United States or of any other court that is entitled to full faith and credit in this state. 9-12-132. A copy of any foreign judgment authenticated in accordance with an act of Congress or statutes of this state may be filed in the office of the clerk of any court of competent jurisdiction of this state. The clerk shall treat

Page 381

the foreign judgment in the same manner as a judgment of the court in which the foreign judgment is filed. A filed foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, staying, enforcing, or satisfying as a judgment of the court in which it is filed and may be enforced or satisfied in like manner. 9-12-133. (a) At the time a foreign judgment is filed, the judgment creditor or the judgment creditor's attorney shall make and file with the clerk of the court an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. (b) The clerk shall promptly mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall note the mailing in the docket. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. The judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. 9-12-134. (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted and proves that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated. (b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period and require the same security for satisfaction of the judgment that is required in this state. 9-12-135. A person filing a foreign judgment shall pay $10.00 to the clerk of the court. Fees for other enforcement

Page 382

proceedings shall be as otherwise provided by law for judgments of the courts of this state. 9-12-136. The judgment creditor retains the right to bring an action to enforce a judgment instead of proceeding under this article. 9-12-137. This article shall be interpreted and construed to achieve its general purposes to make the law of those states which enact it uniform. 9-12-138. This article shall apply to foreign judgments of other states only if those states have adopted the `Uniform Enforcement of Foreign Judgments Act' in substantially the same form as this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. ELECTIONSNOTICES AND ADVERTISEMENTS; ELIGIBILITY OF REGISTRARS, DEPUTY REGISTRARS, AND MEMBERS OF BOARDS OF ELECTIONS FOR PUBLIC OFFICE; REGISTRATION DEADLINES; EXIT POLLS; CAMPAIGN ACTIVITIES; RECOUNTS; CALLS FOR SPECIAL ELECTIONS. Code Title 21, Chapters 2 and 3 Amended. No. 1327 (Senate Bill No. 296). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize the Secretary of State to prepare and publish certain notices and advertisements; to

Page 383

change the provisions relating to eligibility of registrars, deputy registrars, and members of county boards of elections for nomination for or service in public office; to prohibit certain officers from engaging in certain political activity; to provide for certain registration deadlines for special primaries and special elections; to reenact certain provisions prohibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a polling place; to provide that petitions for automatic recounts shall be filed with the Secretary of State if the recount involves a federal or state office and with the county election superintendent if the recount involves a county office; to provide that in the case of recounts based upon discrepancies or errors not apparent on the face of the returns, candidates for the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor may petition the Constitutional Officers Election Board for a recount; to authorize the Constitutional Officers Election Board to order a recount or recanvass; to change and clarify certain provisions relating to publishing the call of special elections; to change the provisions relating to eligibility of municipal registrars, deputy registrars, and members of boards of elections for nomination for or service in public office; to prohibit certain officers from engaging in certain political activity; to provide for certain registration deadlines for special municipal primaries and special elections; to reenact certain provisions prohibiting the conducting of any exit poll or public opinion poll with voters within 250 feet of a municipal polling place; to provide for certain exceptions to restrictions on campaign activities and public opinion polling within the vicinity of a municipal polling place; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraphs (10) and (11) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in their place new paragraphs (10), (11), and (12) to read as follows:

Page 384

(10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for his further distribution to candidates for county and militia district offices; (11) To conduct training sessions at such places as he deems appropriate in each year, for the training of registrars and superintendents of elections; and (12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law. Section 2 . Said title is further amended by striking subsection (a) of Code Section 21-2-213, relating to qualifications of registrars and deputy registrars, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be electors of the county in which they are appointed and shall be able to read, write, and speak the English language. No person, while serving as a member of a county board of registrars, deputy registrar, or member of a county board of elections, or within a period of six months after so serving, shall be eligible for any nomination or office to be voted for at a general primary or general election or to qualify for any nomination or office or to have such person's name placed on any general primary or general election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or to give notice of his intention of write-in candidacy; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for such office of tax commissioner or tax collector. No person who is a member of a county board of registrars, deputy registrar, or member of a county board of elections shall be eligible for any nomination or office to be voted for at a special primary or special election or to qualify for any nomination or office or to have such person's name placed on any special primary or special election ballot pursuant to Code Sections 21-2-132 and 21-2-153

Page 385

or to give notice of such person's intention of writein candidacy until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a county board of elections. However, nothing contained in this Code section shall preclude a member of a county board of registrars, deputy registrar, or member of a county board of elections from qualifying for, or having such person's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No member of a county board of elections, board of registrars, or deputy registrar, while conducting the duties of such person's office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. Section 3 . Said title is further amended by striking Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in its place a new Code Section 21-2-228 to read as follows: 21-2-228. Any person who has registered for a general primary or election, if otherwise qualified to vote at any special primary or election occurring before the next November election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day, if such date is a Sunday or a legal holiday, then on the next following business day, after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein and proceed to examine the qualifications of the applicants in the same manner as provided in this article with reference to applicants desiring to qualify to vote in November elections, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special primary or special election shall be the same as the general election. The registrars shall then prepare

Page 386

a supplemental list showing the names of additional electors who are entitled to vote at such special primary or election, and any person whose name appears on such list may vote at such special primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235; but the registrars shall purge such list, before filing it, of all persons who will not be qualified to vote, in the same manner as provided with reference to the list for a November election. A certified list so prepared, arranged alphabetically, and divided according to precincts as in the case of November election lists shall be filed with the clerk of the superior court and the Secretary of State within ten days after the call of such special primary or election. The registrars shall determine and place on the official electors list each elector's proper congressional district, state Senate district, state House district, county commissioner district, if any, and county school board district, if any, and, if the county maintains the electors list for municipalities within the county, the registrar shall also determine the proper city commission, city council, or other such municipal district for all electors residing in such municipalities. It shall be the duty of the registrars upon the call of a special primary or election to purge the list of electors prepared for the last November election of any names subsequently disqualified for any reason and to furnish the poll officers of such special primary or election two lists, one composed of the names of electors entitled to vote by reason of their registration for the last November election and the other made up of the names of those entitled to vote by reason of their subsequent registration as provided in Code Section 21-2-227, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-2-235. No one shall be entitled to vote in such special primary or election unless his name is on one of the lists furnished by the registrars. The registrars may combine such lists. Section 4 . Said title is further amended by striking Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-2-414 to read as follows: 21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute

Page 387

any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (c) 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. (d) Any person who violates this Code section shall be guilty of a misdemeanor. (e) This Code section shall not apply to conduct occurring wholly within any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place. Section 5 . Said title is further amended by striking subsections (c) and (d) of Code Section 21-2-495, relating to procedures for a recount or recanvass of votes, and inserting in their places new subsections (c) and (d) to read as follows: (c) 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 an election or who has been declared eligible for a run-off primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any candidate or candidates receiving a sufficient number of votes so that the difference between his vote and that of a candidate declared

Page 388

nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified. (d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county, except the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor may petition the Constitutional Officers Election Board for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The Constitutional Officers Election Board may order, in its discretion, a recount or recanvass in any and all counties in which the electors voted for such office and said recount or recanvass may be held at any time prior to the certification

Page 389

of the returns by the Constitutional Officers Election Board. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State or the Constitutional Officers Election Board, as appropriate, may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes. Section 6 . Said title is further amended by striking Code Section 21-2-540, relating to the manner of conducting special elections generally, and inserting in its place 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 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 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. Except as otherwise provided by this chapter, 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 name placed in a column under the name of his party. Section 7 . Said title is further amended by striking subsection (a) of Code Section 21-3-121, relating to qualifications of

Page 390

registrars and deputy registrars for the purpose of municipal elections, and inserting in its place a new subsection (a) to read as follows: (a) Registrars and deputy registrars shall be able to read, write, and speak the English language. No person, while serving as a registrar, deputy registrar, or member of a board of elections, or within a period of six months after so serving, shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a general primary or general election; provided, however, that this ineligibility shall not apply to a tax commissioner or tax collector or to any candidate for the office of tax commissioner or tax collector in performing the functions of a deputy to the board of registrars as provided in subsection (b) of Code Section 21-2-212. No person who is a registrar, deputy registrar, or member of a board of elections shall be eligible to file a notice of candidacy for any nomination or office to be voted for at a special primary or special election until such person shall have resigned and is no longer serving as a registrar, deputy registrar, or member of a board of elections. However, nothing contained in this Code section shall preclude a registrar, deputy registrar, or member of a municipal board of elections from qualifying for office, having such officer's name placed on the ballot, or holding office in a political party or body or serving as a presidential elector. No registrar, deputy registrar, or member of a board of elections, while performing the duties of such office, shall engage in political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body while on duty, and wearing badges, buttons, or clothing with partisan messages. Section 8 . Said title is further amended by striking Code Section 21-3-126, relating to deadlines for receiving registration applications, and inserting in its place a new Code Section 21-3-126 to read as follows: 21-3-126. (a) Registration for municipalities electing to use county registration lists shall be as follows:

Page 391

(1) The county registrar shall cease taking applications for registration from persons desiring to vote in municipal primaries or elections 30 days prior to such primary or election; (2) The county registrar shall cease taking applications for registration from persons desiring to vote in a special primary or election on the close of the registrars' business on the fifth day after the call of such special primary or election, except when a special primary or special election is held at the same time as the general primary, the registration deadline for the special primary or special election shall be the same as the general primary, and when a special primary or special election is held at the same time as the general election, the registration deadline for the special primary or special election shall be the same as the general election; and (3) The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than three days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or election. The registrar shall certify the list and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136. (b) Registration for municipalities maintaining their own registration lists shall be as follows: (1) If any person whose name is not on the municipal registration list desires to vote at any primary or election, he shall, at least 15 days prior to the primary or election at which he desires to vote, or at such other time as designated by charter or ordinance, apply to be registered as an elector. The registrars shall, at least 15 days but not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election;

Page 392

(2) Any person who has registered for a general municipal primary or election, if otherwise qualified to vote at any special primary or election occurring before the next general election, shall be listed and entitled to vote at such special primary or election. At the close of the registrars' business on the fifth day (if a Sunday or a legal holiday, then on the next following business day) after the call of such special primary or election, the registrars shall cease taking applications from persons desiring to register to vote therein, except when a special primary is held at the same time as the general primary, the registration deadline for the special primary shall be the same as the general primary, and when a special election is held at the same time as the general election, the registration deadline for the special election shall be the same as the general election; and (3) The registrar shall, no later than three days prior to such primary or election, pass upon the electors' qualifications and file with the city clerk a certified list showing the names of those electors entitled to vote at such primary or election. Any person whose name appears upon such list may vote at such primary or election, subject to the limitations prescribed in the proviso contained in the first sentence of Code Section 21-3-136. Before filing such list, the registrars shall purge it of the names of all persons who will not be qualified to vote at such primary or election. Section 9 . Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in its place a new Code Section 21-3-321 to read as follows: 21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater.

Page 393

(b) No person shall solicit signatures for any petition on any primary or election day within 250 feet of any polling place or of the outer edge of any building within which such polling place is established, whichever distance is greater. (c) 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. (d) This Code section shall not apply to conduct occurring wholly within any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 394

MOTOR VEHICLE LIABILITY INSURANCEUNINSURED AND UNDERINSURED MOTORIST COVERAGE. Code Section 33-7-11 Amended. No. 1328 (Senate Bill No. 341). AN ACT To amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, so as to change provisions relating to motor vehicles considered to be uninsured motor vehicles; to change provisions relating to underinsured motorist coverage; to provide that a vehicle shall be considered to be uninsured to the extent that the amount of available insurance coverage in effect for such motor vehicle is less than the limits of the insured's uninsured motorist coverage; to provide that for this purpose the amount of available insurance coverage shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; 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 . Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to required uninsured motorist coverage in motor vehicle liability insurance policies, is amended by striking division (1)(D)(ii) of subsection (b) and inserting in its place a new division to read as follows: (ii) Bodily injury liability insurance and property damage liability insurance with available coverages which are less than the limits of the uninsured motorist coverage provided under the insured's insurance policy, but the motor vehicle shall only be considered to be uninsured for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage

Page 395

liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; and for this purpose available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle shall be the limits of coverage less any amounts by which the maximum amounts payable under such limits of coverage have, by reason of payment of other claims or otherwise, been reduced below the limits of coverage; Section 2 . This Act shall become effective January 1, 1987, and shall apply to motor vehicle liability insurance policies issued, delivered, or renewed in Georgia on or after January 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSESAPPLICANTS UNDER 21 YEARS OF AGE; DISTINCTIVE CARDS. Code Section 40-5-100 Amended. No. 1329 (Senate Bill No. 393). AN ACT To amend Code Section 40-5-100 of the Official Code of Georgia Annotated, relating to identification cards for persons without drivers' licenses, so as to provide that cards issued to applicants under 21 years of age shall contain certain distinctive characteristics; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 396

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 for persons without drivers' licenses, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (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 21 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; (6) Height; (7) Weight; (8) Eye color; (9) Post where the identification card was issued; and (10) Signature of person identified. Section 2 . This Act shall become effective September 30, 1986.

Page 397

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. COCAINEPOSSESSION, SALE, MANUFACTURE, OR TRANSPORTATION OF ANY MIXTURE CONTAINING COCAINE; PENALTIES. Code Section 16-13-31 Amended. No. 1330 (Senate Bill No. 397). AN ACT To amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, so as to provide that the possession, sale, manufacture, or transport into this state of any mixture containing cocaine shall constitute a crime; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to trafficking in cocaine, illegal drugs, or marijuana, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in

Page 398

cocaine and, upon conviction thereof, shall be punished as follows: (A) If the quantity of the cocaine or the mixture involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; (B) If the quantity of the cocaine or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00; and (C) If the quantity of the cocaine or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (2) Any person who knowingly sells, manufactures, delivers, or brings into this state or who is knowingly in actual possession of any mixture with a purity of less than 10 percent of cocaine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in cocaine if the total weight of the mixture multiplied by the percentage of cocaine contained in the mixture exceeds any of the quantities of cocaine specified in paragraph (1) of this subsection. Upon conviction thereof, such person shall be punished as provided in paragraph (1) of this subsection depending upon the quantity of cocaine such person is charged with knowingly selling, manufacturing, delivering, or bringing into this state or knowingly possessing. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 399

HISTORIC PRESERVATIONPOWERS AND DUTIES OF THE DEPARTMENT OF NATURAL RESOURCES; GRANTS; SURVEYS. Code Section 12-3-50.1 Enacted. No. 1331 (Senate Bill No. 411). AN ACT To amend Part 1 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of historic areas, generally, so as to provide legislative policy and additional powers and duties of the Department of Natural Resources relating to historic preservation; 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 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to preservation and promotion of historic areas, generally, is amended by adding immediately after Code Section 12-3-50 a new Code Section 12-3-50.1 to read as follows: 12-3-50.1. (a) It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to promote and preserve the health, prosperity, and general welfare of the people, to encourage the preservation of historic properties which have historical, cultural, and archaeological significance to the state. (b) The State of Georgia is authorized to make grants, as funds are available, to any private or public organization or corporation for the preservation of `historic properties,' as that term is defined by Section 301 of the National Historic Preservation Act, 16 U.S.C. 470w. (c) The Department of Natural Resources, through its Historic Preservation Section, shall have the additional powers and duties:

Page 400

(1) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, to direct and conduct a comprehensive state-wide survey of historic properties; (2) To maintain an inventory and register of historic properties; (3) To document, research, record, and evaluate the significance of historic properties; (4) To prepare comprehensive state-wide and regional historic preservation plans; (5) To provide technical assistance to and cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals in the development of historic preservation plans, programs, and projects; (6) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, in order that historic properties are taken into consideration at all levels of planning and development; (7) To propose programs and activities to protect, preserve, and encourage the preservation of historic properties in this state; (8) To administer programs of financial and technical assistance for historic preservation projects, including all grants made under authority of this Code section, and to specify the terms and conditions under which any grants of funds are made or used; (9) To make recommendations on the certification and eligibility of historic properties for tax incentives and other programs of public benefit or assistance;

Page 401

(10) To perform those duties and responsibilities assigned to the department under Article 3 of Chapter 2 of Title 8, under Article 1 of Chapter 10 of Title 44, and under Article 2 of Chapter 10 of Title 44; (11) To provide public information and education, technical assistance, and training relating to historic preservation; (12) To encourage public interest and participation in historic preservation; (13) To advise and assist the state historic preservation officer, who shall be appointed to serve at the pleasure of the Governor; and (14) To advise the Governor and the General Assembly on matters relating to historic preservation. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 402

STATE FORESTRY COMMISSIONREFORESTATION INCENTIVES PROGRAM; WOOD LOAD TICKETS; REQUIREMENTS. Code Section 12-6-5.1 Enacted. Code Section 12-6-23 Amended. No. 1332 (Senate Bill No. 412). AN ACT To amend Part 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, so as to authorize the commission to establish and maintain a reforestation incentives program; to provide for findings of the General Assembly; to provide for powers of the commission in establishing and maintaining the reforestation incentives program; to provide that any person, company, corporation, or others purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property; to remove the requirement that the wood load ticket contain the landowner's name and address; 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 1 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the State Forestry Commission, is amended by adding between Code Sections 12-6-5 and 12-6-6 a new Code Section 12-6-5.1 to read as follows: 12-6-5.1. (a) The General Assembly finds that 433,000 acres of trees were planted in Georgia in 1984, while 640,000 acres were harvested during that year for a net loss of over 200,000 planted acres. The General Assembly further finds that the forest industry is of fundamental importance to the economy of the State of Georgia and that increased reforestation is necessary to meet future demands for forest

Page 403

products and to promote economic development and additional employment opportunities within this state. The General Assembly further finds that many acres of farmland and other open land in Georgia are not currently being used to the best advantage and that a program to provide incentives to encourage reforestation on these lands would be of great benefit to the people of Georgia. The General Assembly further finds that increased reforestation would substantially reduce soil erosion, which continues to be a serious problem in Georgia, and would be of other value in preserving and protecting wildlife and other natural resources of this state. It is determined, therefore, that it is in the interest of the public health, safety, and welfare and would serve an important public purpose for the State Forestry Commission to establish a reforestation incentives program for the State of Georgia. (b) In accordance with the findings set forth in subsection (a) of this Code section, the State Forestry Commission is authorized to establish a reforestation incentives program to encourage the planting of trees on lands within this state which are suitable for that purpose but which are currently not being utilized or are not being properly utilized for that purpose. In establishing and maintaining the reforestation incentives program, the commission may: (1) Provide technical advice and assistance on reforestation to landowners and encourage such landowners to participate in the reforestation incentives program; (2) Provide seedlings or equipment to landowners for reforestation purposes pursuant to such terms, conditions, and requirements as the commission shall determine; (3) Define the types of land eligible for participation in the reforestation incentives program and establish limitations on such participation; (4) Define the class or classes of landowners who shall be eligible for participation in the reforestation incentives program; and (5) Provide for any other matters reasonably necessary for the commission to establish and maintain an effective reforestation incentives program.

Page 404

(c) The powers of the commission provided by this Code section are cumulative of other powers possessed by the commission pursuant to any other provisions of this part or pursuant to any other law and are not in lieu of such other powers. Section 2 . Said part is further amended by striking subsection (a) of Code Section 12-6-23, relating to the wood load ticket requirement for wood removal, the form thereof, and exceptions, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any person, company, corporation, or others purchasing trees or timber directly from the landowner from lands in Georgia shall be required to furnish the owner of said lands a wood load ticket for each and every load of wood removed from said property, when such load is sold by weight, cord, or measure of board feet. A wood load ticket shall include, but not be limited to, information clearly understandable to the landowner as follows: (1) Ticket number; (2) Name and location of the person or company and its facility where the load of wood is received and weighed or measured; (3) Date wood was received at said facility; (4) Tract name; (5) County and state of origin; (6) Dealer name (if any); (7) Producer or logging company name; (8) Species of wood; (9) Weight or scale information. If the load is measured by weight, the gross, tare, and net weights shall be shown. If the load is measured by scale, the total volume shall be shown;

Page 405

(10) Weight, scale, or amount of wood deducted and the deduction classification (cull, undersize, metal, knots, etc.); and (11) Name of the person receiving, weighing, or scaling the wood. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. FAIR BUSINESS PRACTICES ACT OF 1975CAMPGROUND MEMBERSHIPS; MARINE MEMBERSHIPS; FORMS; CANCELLATIONS. Code Sections 10-1-392 and 10-1-393 Amended. No. 1333 (Senate Bill No. 433). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the Fair Business Practices Act of 1975, so as to provide for definitions; to declare as an unfair or deceptive act or practice the failure to furnish a right of cancellation for campground memberships and marine memberships, the failure by the seller to complete the cancellation form, or the failure to honor cancellations; to provide certain editorial changes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions

Page 406

of the Fair Business Practices Act of 1975, is amended by striking in its entirety subsection (a) of Code Section 10-1-392, relating to definitions regarding fair business practices, and inserting in its place a new subsection (a) to read as follows: (a) As used in this part, the term: (1) `Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his delegate. (1.1) `Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2) `Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)`Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A `career consulting firm' does not guarantee actual job placement as one of its services. A `career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (2) `Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (3) `Consumer transactions' means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes.

Page 407

(4) `Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5) `Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect of any such documentary material. (6) `Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a `reducing salon,' `health spa,' `spa,' `exercise gym,' `health studio,' `health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.4) `Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.5)`Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations

Page 408

at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (7) `Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (8) `Trade' and `commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the state. Section 2 . Said part is further amended by striking the period and inserting in its place a semicolon at the end of subsection (b) of Code Section 10-1-393, relating to unlawful or deceptive practices in consumer transactions, and by adding at the end of said subsection three new paragraphs, to be designated paragraphs (16), (17), and (18), to read as follows: (16) Failure to furnish to the buyer of any campground membership or marine membership at the time of purchase a notice to the buyer allowing the buyer seven days to cancel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows: `Notice to the Buyer Please read this form completely and carefully. It contains valuable cancellation rights. The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice. This cancellation right cannot be waived in any manner by the buyer or buyers.

Page 409

Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and mail by certified mail, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photo-copy of the signed form and your post office receipt. (17) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (16) of this subsection; or (18) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (16) of this subsection. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 410

SOCIAL SERVICESAID TO FAMILIES WITH DEPENDENT CHILDREN; PILOT COMMUNITY WORK EXPERIENCE PROGRAMS ABOLISHED; EMPLOYMENT SERVICES PROGRAMS (PEACH) ESTABLISHED. Code Section 49-4-108 Enacted. Code Section 49-4-17.1 Repealed. No. 1334 (Senate Bill No. 465). AN ACT To repeal in its entirety Code Section 49-4-17.1 of the Official Code of Georgia Annotated, relating to establishment of pilot community work experience programs for persons receiving aid to families with dependent children; to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide for an employment services program for persons receiving such assistance; to provide for transportation, child care, and other support services to participants in such program; to provide for mandatory registration and participation of recipients of assistance in the program and to provide for exceptions to such mandatory participation; to provide that employers providing employment under the program shall be civilly liable only under certain circumstances; to provide for insurance of risks arising out of the program; to provide for state-wide or partial implementation of the program; to provide for reports regarding the program; to provide for the continuation of certain community work experience programs; 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 49-4-17.1, which reads as follows: 49-4-17.1. (a) The General Assembly finds that, pursuant to newly amended Section 409 of the federal Social Security Act, the states have been given wide latitude to establish community work experience programs for unemployed persons receiving aid to families with dependent children.

Page 411

Such programs could be a valuable means for these recipients to gain work experience while at the same time making valuable contributions to those communities whose tax dollars help support them. (b) The Department of Human Resources shall establish pilot community work experience programs in which unemployed persons receiving aid to families with dependent children under this article shall be required to participate in order to be included in their public assistance grant. The programs shall provide work training and experience for such persons who are not otherwise able to obtain employment in order to assist them to move into regular or private employment and become self-supporting. These programs shall be limited to projects which serve a useful public purpose in fields which include, without being limited to, health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care., is repealed in its entirety. Section 2 . Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, is amended by adding a new Code Section 49-4-108 to read as follows: 49-4-108. (a) The department shall develop and implement an employment services program for persons receiving assistance under this article. This employment services program shall be known as the Positive Employment and Community Help (PEACH) Program. The program shall include such educational programs, vocational skills programs, work experience programs, on-the-job training programs, and job search and job development programs as are determined by the department to best promote the goals of employability and employment of such persons, subject to the requirements of this Code section. (b) To the maximum extent possible the employment services program shall provide for all transportation, child care, and other support services necessary to enable participants in the program to participate therein without personal

Page 412

hardship or hardship to other members of their families, as determined by the department. (c) Assistance under this article shall be terminated if a recipient refuses to register for or participate in the employment services program, but mandatory participation shall not be required in the case of any recipient who: (1) Is physically or mentally unable to participate; (2) Is unable to obtain transportation required for participation and is not provided transportation or funds for transportation as a part of the program; (3) Is unable to obtain child care services required for participation and is not provided child care services or funds for child care as a part of the program; or (4) Is unable to participate in the program or would suffer undue hardship in participating in the program for such other reasons as may be specified by the department. (d) No recipient shall be required to participate in any work experience or on-the-job training program unless such program meets the requirements of either paragraph (1) or paragraph (2) of this subsection. (1) Participation in a work experience or on-the-job training program may be uncompensated, provided that: (A) No recipient shall be required to engage in such a program without compensation for any period in excess of six months in any one placement; (B) No recipient shall be required to engage in such a program without compensation unless such program is, as determined by the department, designed to and likely to result in the participant's obtaining compensated employment; and (C) No recipient shall be required to engage in such a program without compensation unless all child

Page 413

care needs and transportation needs of the participant are met as specified in subsection (c) of this Code section; and (2) Participation in a work experience or on-the-job training program may be compensated, provided that: (A) No recipient shall be required to engage in such a program for compensation unless the recipient is paid at least the federal minimum wage for such participation, provided that this requirement shall apply only to the extent that the federal minimum wage law would apply to such employment if such employment was provided by private contractual agreement rather than pursuant to this Code section; and (B) No recipient shall be required to engage in such a program for compensation unless such program is, as determined by the department, designed to and likely to result in the participant's retaining compensated employment. (e) Notwithstanding any other contrary provision of law, an employer empolying a participant under a program provided for in this Code section, whether such employment is compensated or uncompensated, shall not be liable to the participant or to any other person for any injury, accident, or death arising out of and in the course of such employment unless such injury is caused by the employer's wanton or willful recklessness or is caused by an intentional act of the employer, provided that provision of public or private insurance covering any risk shall waive this qualified immunity to the extent of such insurance coverage. The provisions of this subsection shall, however, be subject to any inconsistent provisions of Chapter 9 of Title 34, relating to workers' compensation, in any situation in which Chapter 9 of Title 34 applies. (f) The department is authorized to, but shall not be required to, purchase and provide insurance coverage with respect to any of the following: (1) Liability of participants in the employment services program for damages arising from participation in the program; and

Page 414

(2) Liability of public and private employers providing compensated or uncompensated employment under the program for damages arising from the provision of such employment. (g) The department may provide for prompt state-wide implementation of this Code section if the department determines that it is feasible to do so. If the department determines that prompt state-wide impelementation of this Code section is not feasible, the department shall in any event promptly proceed to implement this Code section in such counties as is feasible and shall proceed with state-wide impelementation as rapidly as is feasible. (h) The department shall submit a report by January 1, 1987, by September 1, 1987, and by September 1 of each year thereafter. That report shall be submitted to the Speaker of the House of Representatives, the members of the House Ways and Means Committee, the Lieutenant Governor, and the members of the Senate Human Resources Committee. This report shall include but not be limited to the following information regarding the program required by this Code section and based on the previous fiscal year: (1) The expenses of administering the program, detailing such expenses as child care, transportation, meals, personnel, tuition grants, and employer liability costs; (2) The number of recipients who registered for the program; (3) The number of recipients who participated in the program; (4) The number of participants in the program who left the Aid to Families with Dependent Children rolls, the reason for leaving, and how many former participants in the program have returned to the Aid to Families with Dependent Children rolls within 12 months and within 24 months after leaving those rolls;

Page 415

(5) The cost per participant under the program; and (6) The projected savings of the program. (i) Any community work experience program established and existing under Code Section 49-4-47.1 on June 30, 1986, may continue after that date as a PEACH Program pursuant to this Code section notwithstanding the repeal of Code Section 49-4-47.1. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. EMPLOYMENT SECURITY LAWSETTLEMENT AND COMPROMISE OF DELINQUENT PAYMENTS; RULES AND REGULATIONS; REPORTS; RECORDS. Code Section 34-8-126 Amended. No. 1335 (Senate Bill No. 471). AN ACT To amend Code Section 34-8-126 of the Official Code of Georgia Annotated, relating to collection of delinquent contribution payments generally under the Employment Security Law, so as to authorize the Commissioner of Labor to settle and compromise payment disputes; to provide for the establishment of rules and regulations; to provide for certain reports and records; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 416

Section 1 . Code Section 34-8-126 of the Official Code of Georgia Annotated, relating to collection of delinquent contribution payments generally under the Employment Security Law, is amended by adding at the end thereof new subsections (c) and (d) to read as follows: (c) The Commissioner of Labor is authorized to settle and compromise any payment of contributions and interest thereon, including penalty, or any tax execution, where there is doubt as to the liability or where there is doubt as to the collectability, and the settlement or compromise is in the best interest of the state. The Commissioner may make all reasonable rules and regulations necessary to effectuate the purpose of this Code section. (d) The Commissioner of Labor shall file an annual report with the Attorney General, the members of the Senate Industry and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of tax which is compromised under this Code section. Further, the Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose taxes were compromised, the amount of tax compromised, the number of cases, and the specified reasons for each tax compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 417

AUGUSTA JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 1336 (House Bill No. 182). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of superior court judges for each judicial circuit, so as to increase to five the number of judges for the Augusta Judicial Circuit; to provide for the appointment and term of the initial judge; to provide for the election and term of successors to the initial judge; to provide for the qualifications and 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 thereto and provide for duties of the chief judge; to provide for powers, duties, and responsibilities of judges of said circuit; to provide for an additional court reporter for said circuit and the compensation of that reporter; 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 (5) and inserting in its place a new paragraph (5) to read as follows: (5) Augusta Circuit..... 5 Section 2 . The number of superior court judges of the Augusta Judicial Circuit is increased from four to five. The initial judge to fill the fifth judgeship shall be appointed by the Governor for a term beginning July 1, 1986, and ending December 31, 1988, and until a successor is elected and qualified. Thereafter, said fifth judge shall be elected in 1988 and quadrennially thereafter for a term of four years as provided by law.

Page 418

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 Augusta 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 Augusta Judicial Circuit shall also be applicable to the additional judge provided for by this Act. Section 4 . The five judges of the superior courts of the Augusta 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 five judges of the superior courts of the Augusta Judicial Circuit shall have and they are clothed with full power, authority, and discretion to determine, from time to time and from 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 of making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the chief judge, as defined in this section, shall control. Section 5 . The five judges of the Augusta 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.

Page 419

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 statues of the State of Georgia. Section 7 . This Act shall become effective July 1, 1986, 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 28, 1986. PROPERTY TAXAPPEALS OF ASSESSMENTS; WRITTEN OBJECTIONS TO ASSESSMENTS AS NOTICES OF APPEAL. Code Section 48-5-311 Amended. No. 1337 (House Bill No. 595). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to provide that a written objection to an assessment of real or personal property received by a county board of tax assessors shall be deemed a notice of appeal by the taxpayer under the legally recognized grounds; to provide that the notice shall contain certain information; 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:

Page 420

Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, is amended by striking in its entirety paragraph (2) of subsection (e) of said Code section and inserting in its place a new paragraph (2) to read as follows: (2) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall certify the notice for appeal and all necessary papers to the county board of equalization. Section 2 . This Act shall become effective on January 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 421

DANGEROUS DRUGSPERMITS TO DISTRIBUTE; SUSPENSION OR REVOCATION; DISPOSITION OF DRUGS. Code Section 16-13-72.1 Enacted. No. 1338 (House Bill No. 1153). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for the suspension or revocation of certain permits to distribute dangerous drugs and provide for the disposition of dangerous drugs following that suspension or revocation; to provide for fines; 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 Code section following Code Section 16-13-72 to read as follows: 16-13-72.1. (a) A permit issued by the State Board of Pharmacy under paragraph (1) of Code Section 16-13-72 may be suspended or revoked by the State Board of Pharmacy upon a finding that the drug manufacturer, wholesaler, distributor, or supplier: (1) Has furnished false or fraudulent material information in any application filed under this article; (2) Has been convicted of a felony under any state or federal law relating to any controlled substance or has been convicted of a felony or misdemeanor under any state or federal law relating to any dangerous drug; (3) Has violated any provision of this article or the rules and regulations promulgated under this article; or (4) Has failed to maintain sufficient controls against diversion of dangerous drugs into other than legitimate medical, scientific, or industrial channels.

Page 422

(b) The State Board of Pharmacy may limit revocation or suspension of a permit to the particular dangerous drug with respect to which grounds for revocation or suspension exist. (c) Instead of suspending or revoking a permit as authorized by subsection (a) or (b) of this Code section, the State Board of Pharmacy may impose a fine in an amount not to exceed the amount specified in Code Section 26-4-112. (d) If the State Board of Pharmacy suspends or revokes a permit, all dangerous drugs owned or possessed by the permittee at the time of suspension or the effective date of the revocation order shall be placed under seal. No disposition may be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs shall be forfeited to the state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 423

STONE MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 1339 (House Bill No. 1156). AN ACT To provide for an additional judge of the superior courts of the Stone Mountain Judicial Circuit; to provide for the initial appointment and subsequent election of said additional judge; to provide for the powers, duties, and compensation of said additional 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 judicial circuit, so as to increase to eight the number of judges for the Stone Mountain 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 . Effective July 1, 1986, a new judge is added to the Stone Mountain Judicial Circuit. The initial judge added by this Act shall be appointed by the Governor to take office on July 1, 1986, for a term expiring on December 31, 1988. A successor to the initial judge appointed by the Governor shall be elected in the manner provided by law for the election of judges of the superior courts at the general election of 1988 to take office on January 1, 1989, for a term of four years and until a successor is elected and qualified. Thereafter, successors shall be elected in the manner provided by law for the election of superior court judges at the general election immediately prceeding the expiration of the term of office to take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified. Section 2 . The additional judge of the Stone Mountain Judicial Circuit provided for by this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities

Page 424

of other judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as a judge thereof. Section 3 . The compensation, salary, and contingent expense allowance of said additional judge shall be the same as the other judges of the Stone Mountain Judicial Circuit. Said additional judge shall receive the same salary supplement from county funds which is received by each of the other judges of the Stone Mountain Judicial Circuit. Section 4 . 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 (37) in its entirety and substituting in lieu thereof a new paragraph (37) to read as follows: (37) Stone Mountain Circuit..... 8. Section 5 . 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 appoint an additional judge of the Stone Mountain Judicial Circuit to take office on July 1, 1986, as provided in Section 1 of this Act. This Act shall be effective for all purposes on July 1, 1986. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 425

ANIMALSLIVESTOCK DEFINED; POLICE POWERS OF THE COMMISSIONER OF AGRICULTURE; DEPUTIZATION OF EMPLOYEES. Code Sections 4-4-1.1 and 4-4-5 Enacted. No. 1340 (House Bill No. 1172). AN ACT To amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and control of infectious or contagious diseases in livestock, so as to define the term livestock; to provide for the enforcement of Chapter 4 of Title 4; to vest the Commissioner of Agriculture with police powers; to provide for the employment, designation, and deputization of employees and the delegation to employees of the Department of Agriculture of the necessary authority to enforce Chapter 4 of Title 4 and the rules and regulations adopted pursuant to such chapter; to provide for powers, duties, and authority of such employees; to provide for arrests; to provide for motor vehicles, uniforms, firearms, and other equipment and supplies; to provide for a statement of intention; 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 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to the prevention and control of infectious or contagious diseases in livestock, is amended by adding, following Code Section 4-4-1, a new Code Section 4-4-1.1, to read as follows: 4-4-1.1. As used in this chapter, the term `livestock' means cattle, swine, equines, poultry, sheep, goats, and ruminants. Section 2 . Said part is further amended by adding at the end thereof a new Code Section 4-4-5 to read as follows: 4-4-5. (a) The Commissioner is vested with police powers to enforce this chapter and the rules and regulations adopted pursuant to this chapter.

Page 426

(b) The Commissioner is authorized to employ, designate, deputize, and delegate to employees of the department the necessary authority to enforce this chapter and the rules and regulations adopted pursuant to this chapter. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' are authorized: (1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties; (2) To inspect any livestock found within this state; (3) To stop and inspect any vehicle transporting livestock in this state; (4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of livestock; and (5) To arrest any person found to be in violation of this chapter. (c) From funds appropriated or available to the department, the Commissioner is authorized to provide motor vehicles, uniforms, firearms, and any other equipment and supplies needed by employees of the department to carry out this chapter. (d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state to enforce this chapter. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 427

MOTOR VEHICLE LICENSE PLATESCERTIFIED FIREFIGHTERS; SPECIAL PLATES. Code Section 40-2-75.1 Enacted. No. 1341 (House Bill No. 1212). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to authorize and direct the state revenue commissioner to issue special and distinctive motor vehicle license plates upon application to any certified firefigher who is a member of a fire department which has been certified pursuant to Article 2 of Chapter 3 of Title 25; to provide procedures connected therewith; to provide for the transfer or return of such license plates under certain conditions; to provide for rules and regulations; to provide 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by adding between Code Sections 40-2-75 and 40-2-76 a new Code Section 40-2-75.1 to read as follows: 40-2-75.1. (a) Motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefigher shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols,

Page 428

or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the various fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia. (b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefigher, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said certified firefighter acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-76. (2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from his department, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of his letter to the commissioner

Page 429

requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufacturing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. (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 shall expire and shall not be renewed or revalidated after December 31, 1989. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (e) The provisions of this Code section shall apply to certified firefighters of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 430

LANDSCAPE ARCHITECTSLICENSES; APPLICATIONS; CERTIFICATES; PENALTIES; BOARD. Code Sections 43-23-6, 43-23-11, 43-23-12, and 43-23-20 Amended. No. 1342 (House Bill No. 1236). AN ACT To amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the provisions relating to application for license; to repeal certain provisions relating to placement of seal on licenses; to repeal certain provisions relating to display of license; to provide for certificates and for the form, delivery, and display of such certificates; to change the provisions relating to censure of licensees and revocation or suspension of licenses; to change the termination date of and to continue the Georgia Board of Landscape Architects and the 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 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, is amended by striking Code Section 43-23-6 in its entirety and inserting in lieu thereof a new Code Section 43-23-6 to read as follows: 43-23-6. Any person desiring to act as a landscape architect must file an application for a license with the board. The application shall be in such form and detail as the board shall prescribe. Section 2 . Said chapter is further amended by striking Code Section 43-23-11 in its entirety and inserting in lieu thereof a new Code Section 43-23-11 to read as follows: 43-23-11. (a) The board shall prescribe the form of licenses issued under this chapter. The license of each landscape

Page 431

architect shall be delivered or mailed to the landscape architect. (b) The board shall provide certificates to each licensed landscape architect. The board shall prescribe the form of certificates issued. The certificate shall have placed thereon the seal of the board. The certificate of each landscape architect shall be delivered or mailed to the landscape architect. It shall be the duty of the landscape architect to display his certificate conspicuously in his place of business. Section 3 . Said chapter is further amended by striking Code Section 43-23-12 in its entirety and inserting in lieu thereof a new Code Section 43-23-12 to read as follows: 43-23-12. The board may, upon its own motion, and shall, upon the complaint in writing of any person, initiate investigations into the actions of any licensed landscape architect and shall have the power to censure the licensee or to revoke or suspend any license issued under this chapter whenever the board concludes that the licensee has violated any provision of this chapter or whenever the board has determined that the licensee: (1) Has obtained a license by false or fraudulent representations; (2) Has impersonated another landscape architect or former landscape architect with the same or similar name, or is practicing under an assumed or misleading name, to include practicing under a partnership or corporate name in which any person who is not a landscape architect is named; (3) Has aided or abetted an unlicensed person in the practice of landscape architecture; (4) Has been convicted of a felony or other crime involving moral turpitude; (5) Has, in the practice of landscape architecture, been guilty of fraud, deceit, negligence, or incompetence;

Page 432

(6) Has affixed his signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or under his immediate and responsible direction or has permitted his name to be used for the purpose of assisting any person who is not a landscape architect to evade the provisions of this chapter; or (7) Has violated the provisions of subsection (a) of Code Section 43-1-19. Section 4 . Said chapter is further amended by striking Code Section 43-23-20 in its entirety and inserting in lieu thereof a new Code Section 43-23-20 to read as follows: 43-23-20. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Landscape Architects shall be terminated on July 1, 1992, 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 433

CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONSTAKEOVERS OF CERTAIN CORPORATIONS; LAW REPEALED. Code Title 14, Chapter 6 Repealed. No. 1343 (House Bill No. 1278). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to repeal in its entirety Chapter 6 of said title, relating to takeovers of certain corporations; to make certain editorial changes connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by repealing in its entirety Chapter 6 of said title, relating to takeovers of certain corporations, and inserting in its place the following: CHAPTER 6 Reserved. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 434

ARCHITECTSSTATE BOARD OF ARCHITECTS; MEMBERSHIP; CEASE AND DESIST ORDERS; CIVIL PENALTIES; JUDICIAL REVIEW. Code Section 43-4-2 Amended. Code Section 43-4-17.1 Enacted. No. 1344 (House Bill No. 1295). AN ACT To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of architects, so as to change the number of members of the board; to authorize the board, after notice and hearing, to issue a cease and desist order prohibiting violations of this chapter; to provide for a civil penalty for violations of a cease and desist order; to provide for judicial review; to provide for applicability; to provide for matters related to the foregoing; to repeal conflicting laws; and for other purposes. 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 the regulation of architects, is amended by striking the first two sentences of Code Section 43-4-2, relating to the State Board of Architects, and inserting in lieu thereof two new sentences to read as follows: There is created the State Board of Architects, which shall be composed of seven appointive members. Six of the members shall be registered practicing architects in this state who shall be residents of this state and the seventh member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture. Section 2 . Said chapter is further amended by adding between Code Section 43-4-17 and Code Section 43-4-18 a new Code Section 43-4-17.1 to read as follows: 43-4-17.1. (a) Notwithstanding any other provisions of the law to the contrary, upon the board determining that

Page 435

a person is violating the provisions of Code Section 43-4-17, the board may issue a cease and desist order prohibiting such person from further violating such Code section. A determination by the board may be made only after notice to such person is given and a hearing is held. (b) The board shall be authorized to impose a civil fine not to exceed $500.00 for each separate violation of a cease and desist order issued under subsection (a) of this Code section upon any person violating such order. For purposes of this subsection, each day a person is in violation of a cease and desist order issued under this Code section shall constitute a separate violation. (c) Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board. (d) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 436

PROBATE OF WILLSACKNOWLEDGEMENTS OF SERVICE; ATTESTATION REQUIRED. Code Section 53-3-80 Enacted. No. 1345 (House Bill No. 1324). AN ACT To amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, so as to provide that no acknowledgement of service in any proceeding relating to the probate of wills shall be valid unless the same is attested by a notary public or the clerk of the probate court; 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 . Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of wills, is amended by adding a new Article 4 to read as follows: ARTICLE 4 53-3-80. No acknowledgment of service in any proceeding relating to the probate of wills shall be valid unless it is attested by a notary public or the clerk of the probate court. Section 2 . This Act shall become effective July 1, 1986, and shall apply to acknowledgements filed for record on or after its effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 437

STATE PARKS, HISTORIC SITES, AND RECREATIONAL AREASHUNTING OR TRAPPING; PRIOR WRITTEN PERMISSION. Code Section 12-3-10 Amended. No. 1346 (House Bill No. 1325). AN ACT To amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts in parks, historic sites, and recreational areas, generally, so as to provide that certain generally prohibited acts may be allowed in parks, historic sites, or recreational areas by prior written permission of the commissioner of natural resources; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to prohibited acts in parks, historic sites, and recreational areas, generally, is amended by striking in its entirety subsection (1) and inserting in lieu thereof a new subsection (1) to read as follows: (1) It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park, historic site, or recreational area, unless such activity involves the use of bows and arrows, primitive weapons, and shotguns and has been approved by prior written permission of the commissioner of natural resources or his authorized representative. It shall also be unlawful to shoot into a park, historic site, or recreational area from beyond the boundaries of such park, historic site, or recreational area. Section 2 . Said Code section is further amended by striking in its entirety subsection (o) and inserting in lieu thereof a new subsection (o) to read as follows: (o) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks,

Page 438

explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his authorized representative. It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas by prior written permission of the commissioner of natural resources or his authorized representative. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. MOTOR VEHICLE CERTIFICATES OF TITLEAPPLICATIONS; SIGNATURES OF DEALERS; OATHS; TIME PERIODS. Code Title 40, Chapter 3 Amended. No. 1347 (House Bill No. 1335). AN ACT To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, so as to eliminate in certain situations the requirements for the dealer to sign the application for a certificate of title; to eliminate the requirement that certain documents

Page 439

submitted in an application for a certificate of title be sworn to before an officer authorized to administer oaths; to eliminate the requirement that certain transferred certificates of title be held 15 days prior to issuance; 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 40 of the Official Code of Georgia Annotated, relating to certificates of title on motor vehicles, is amended by striking subsection (b) of Code Section 40-3-22, relating to applications for certificates of title, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer and the date of his security agreement. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver it to the commissioner or his appropriate authorized county tag agent so as to have the application submitted to the commissioner or his appropriate authorized county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles.

Page 440

Section 2 . Said article is further amended by striking the first sentence of subsection (a) of Code Section 40-3-27, relating to subsequent transactions for certificates of title, and inserting in lieu thereof a new first sentence to read as follows: Whenever the certificate of title is in the possession of a security interest holder or lienholder as allowed by this chapter and some other person, including the owner, who has an interest in a transaction concerning a security interest or lien shown on the certificate of title desires to have that transaction reflected on the certificate of title, he may execute a notice of that transaction in the form prescribed by the commissioner, setting forth the details of the transaction he desires to be reflected on the certificate of title. Section 3 . Said article is further amended by striking paragraph (2) of Code Section 40-3-30, relating to lost, stolen, mutilated, or destroyed certificates of title, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) When the vehicle for which a replacement certificate of title has been issued is transferred to a new owner, the certificate of title issued to the transferee shall continue to contain the legend: `This is a replacement certificate and may be subject to the rights of a person under the original certificate.' After a replacement certificate has been issued and the records of the commissioner show that the owner has held record title continuously for a period of not less than six calendar months and the record title of the owner has not been challenged, the commissioner may, upon proper application, issue a replacement title, which shall simply contain the legend `Replacement Title'; Section 4 . Said article is further amended by striking subsection (a) of Code Section 40-3-31, relating to transfers of vehicles, generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If an owner transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the

Page 441

time of delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of title or as the commissioner prescribes, and cause the certificate and assignment to be delivered to the transferee. If the transferor willfully fails to deliver the properly assigned certificate of title to the transferee, the transferor shall be guilty of a misdemeanor. In addition, the transferor shall be civilly liable to the transferee for all damages, including reasonable attorney's fees, occasioned by the transferor's failure to comply with this subsection. Section 5 . Said article is further amended by striking subsection (a) of Code Section 40-3-32, relating to transfers of vehicles to and from dealers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A dealer who buys a vehicle and holds it for resale need not apply to the commissioner for a new certificate of title but may retain the certificate delivered to him. Upon transferring the vehicle to another person other than by the creation of a security interest, such dealer shall promptly execute the assignment and warranty of title by a dealer. Such assignment and warranty shall show the names and addresses of the transferee and any holder of a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the commissioner prescribes. Transfers of vehicles under this Code section shall otherwise conform with Code Section 40-3-31. A dealer selling a previously registered vehicle which under this chapter need not have a certificate of title need not furnish a purchaser of such a vehicle a certificate of title. After a previously registered vehicle has been brought under the terms of this chapter, a dealer, when selling that vehicle, shall conform to all provisions of this chapter. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 442

PROBATION OF FIRST OFFENDERSENTRIES BY CLERK OF COURT ON CRIMINAL DOCKETS AND OTHER RECORDS; FORM. Code Section 42-8-62 Amended. No. 1348 (House Bill No. 1342). AN ACT To amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, it shall be the duty of the clerk of court to make an entry on the criminal docket and all other records of the court pertaining thereto regarding the exoneration of the defendant; to provide for the form of such entry; to provide for procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, is amended by striking Code Section 42-8-62, relating to the effect of fulfillment of terms of probation, release by court prior thereto, or release from confinement generally, and inserting in lieu thereof a new Code Section 42-8-62 to read as follows: 42-8-62. (a) Upon fulfillment of the terms of probation, upon release by the court prior to the termination of the period thereof, or upon release from confinement, the defendant shall be discharged without court adjudication of guilt. The discharge shall completely exonerate the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. It shall be the duty of the clerk of court to enter on the criminal docket and all other records of the court pertaining thereto the following:

Page 443

`Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his civil rights or liberties; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62.' Such entry shall be written or stamped in red ink, dated, and signed by the person making such entry. (b) Should a person be placed under probation or in confinement under this article, a record of the same shall be forwarded to the Georgia Crime Information Center. Without request of the defendant a record of discharge and exoneration, as provided in this Code section, shall in every case be forwarded to the Georgia Crime Information Center. In every case in which the record of probation or confinement shall have been previously forwarded to the Department of Corrections, to the Georgia Crime Information Center, and to the Identification Division of the Federal Bureau of Investigation and a record of a subsequent discharge and exoneration of the defendant has not been forwarded as provided in this Code section, upon request of the defendant or his attorney or representative, the record of the same shall be forwarded by the clerk of court so as to reflect the discharge and exoneration. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 444

MOTOR VEHICLES AND TRAFFICCHALLENGES TO FINAL CONVICTIONS FOR TRAFFIC OFFENSES; TIME LIMITS FOR FILING. Code Section 40-13-33 Enacted. No. 1349 (House Bill No. 1351). 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 of traffic offenses, so as to provide that all challenges to final convictions for traffic offenses must be filed within 180 days of the date the conviction becomes final; to provide that challenges to traffic convictions which became final prior to the effective date of this Act must be filed within 180 days of the effective date of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals of traffic offenses, is amended by adding at the end of said article a new Code section, to be designated Code Section 40-13-33, to read as follows: 40-13-33. (a) Any challenge to a misdemeanor conviction of any of the traffic laws of this state or the traffic laws of any county or municipal government which may be brought pursuant to Chapter 14 of Title 9 must be filed within 180 days of the conviction becomes final. (b) Any challenge to a conviction specified in subsection (a) of this Code section which became final before the effective date of this Code section must be filed within 180 days of the effective date of this Code section. (c) When the commissioner of public safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.

Page 445

(d) Failure to file the challenge within the time prescribed in this Code section shall divest the court of jurisdiction. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. LIVING WILLSEFFECTIVENESS; FORMS. Code Sections 31-32-3 and 31-32-6 Amended. No. 1350 (House Bill No. 1352). AN ACT To amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to provide that a living will shall be effective from the date of execution unless revoked in a manner prescribed in Code Section 31-32-5; to provide for the effectiveness of living wills executed under prior law; to provide for a method of continuing the effectiveness of such prior living wills; to change the form for living wills; to provide for other matters related 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 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, is amended by striking

Page 446

Code Section 31-32-6, relating to the period of effectiveness of a living will, and substituting in lieu thereof a new Code Section 31-32-6 to read as follows: 31-32-6. (a) A living will executed on or after the effective date of this subsection shall be effective from the date of execution thereof unless revoked in a manner prescribed in Code Section 31-32-5. (b) A living will executed prior to the effective date of this subsection in the form specified by prior law shall be effective for a period of seven years from the date of execution thereof, except that, if the declarant crosses through or otherwise marks over the paragraph of such a living will relating to the seven-year period of effectiveness of the living will so as to indicate an intention to defeat the operation of such paragraph, and if the declarant signs or initials the living will in the area of the stricken paragraph, then the living will shall continue in effect until and unless revoked in a manner prescribed in Code Section 31-32-5. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 31-32-3, relating to execution and form of living wills, and inserting in its place a new subsection to read as follows: (b) The declaration shall be a document, separate and self-contained. A declaration executed on or after the effective date of this subsection shall be in substantially the form specified in this subsection. A declaration executed on or after the effective date of this subsection in substantially the form specified by prior law shall be valid and effective, except that the paragraph limiting the operation of the living will to a seven-year period shall be ineffective. The form for the declaration shall be substantially as follows: `LIVING WILL Living Will Made Thisday of(Month, Year). I,,being of sound mind, willfully and voluntarily make known my desire

Page 447

that my life shall not be prolonged under the circumstances set forth below and do declare: 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 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. I understand that I may revoke this living will at any time; 4. 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 5. If I am female and I have been diagnosed as pregnant, this living will shall have no force and effect during the course of my pregnancy. Signed(City),(County), and(State of Residence). 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:

Page 448

(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. Witness Address Witness Address Additional witness required when living will is signed in a hospital or skilled nursing facility. I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 449

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. ROAD HOUSES, DANCE HALLS, ETC.HEALTH INSPECTIONS. Code Section 43-21-51 Amended. No. 1351 (House Bill No. 1359). AN ACT To amend Code Section 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, so as to provide that such establishments shall not be subject to inspection by the Department of Human Resources or the county health authorities in the county in which such business is located; to 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 43-21-51 of the Official Code of Georgia Annotated, relating to applications for persons operating roadhouses, public dance halls, or any other similar establishments by whatever name called and inspections by the Department of Human Resources and county health authorities, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-21-51 to read as follows: 43-21-51. (a) Every person, firm, or corporation making application for a license to engage in the business described

Page 450

in Code Section 43-21-50 shall make application to the county commissioners or the judge of the probate court of the county in which such business is to be operated. The application shall contain: (1) The name and residence of the applicant and the length of his residence within the state; (2) The address and place for which such license is desired; (3) The name of the owner of the premises upon which the business licensed is to be located; (4) A statement that the applicant intends to carry on the business authorized by the license for himself or under his immediate supervision and direction; and (5) A statement that such applicant is of good moral character and has never been convicted of a felony involving moral turpitude. (b) The application prescribed in this Code section must be verified by the affidavit of the petitioner made before a notary public or other person duly authorized by law to administer oaths. If it appears from the statement of the applicant, or otherwise, that such applicant has been convicted of a felony involving moral turpitude, the license shall not be granted unless it shall appear to the satisfaction of the county commissioners or the judge of the probate court that the licensed premises will be operated in a lawful manner, in which case such official or officials may, in their discretion, issue such license. Before any such license shall be issued, the governing body of the county shall be satisfied that the statements required by this Code section are true. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 451

GEORGIA CONTROLLED SUBSTANCES ACTANNUAL REPORTS OF LAW ENFORCEMENT AGENCIES. Code Section 16-13-49 Amended. No. 1352 (House Bill No. 1365). AN ACT To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the Georgia Controlled Substances Act, so as to require law enforcement agencies to submit an annual report to the governing authority of the county or municipality itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the Georgia Controlled Substances Act, is amended by striking in its entirety subparagraph (f)(2)(B) and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Any law enforcement agency receiving money or currency which is forfeited or realized from the sale or disposition of forfeited property shall submit a report to the governing authority of the county or municipality on or before the tenth day of the following month of each calendar quarter itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds. The law enforcement agency shall also submit an annual report to the governing authority of the county or municipality on the first day of July itemizing the money, currency, and proceeds of forfeited property received and the expenditure of the funds during the previous 12 months. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 452

DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION; RECRUITS AND CADETS DESIGNATED PEACE OFFICERS; AUTHORITY; CLOTHING ALLOWANCE FOR MEMBERS ASSIGNED TO PERSONAL SECURITY OR SPECIAL DUTY. Code Sections 35-2-36 and 35-2-52 Amended. No. 1353 (House Bill No. 1843). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that recruits or cadets of the Uniform Division shall be designated peace officers and shall have the authority of peace officers; to change the provisions relating to the payment of a clothing allowance to members of the Uniform Division assigned permanently to personal security or special duty assignments; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking in its entirety subsection (c) of Code Section 35-2-36, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Within the limits set by available appropriations, the commissioner, with the approval of the board, is authorized to employ such recruits or cadets as may be deemed necessary, who may become members of the Uniform Division but who shall not be members of the Uniform Division so long as they remain recruits or cadets; provided, however, that such recruits or cadets are designated as `peace officers' as such term is defined in paragraph (11) of Code Section 16-1-3 and shall have the authority of a peace officer.

Page 453

Section 2 . Said title is further amended by striking Code Section 35-2-52 in its entirety and inserting in lieu thereof a new Code Section 35-2-52 to read as follows: 35-2-52. The commissioner, at his discretion and subject to available funds, shall be authorized to pay to members of the Uniform Division a clothing allowance when the members are permanently assigned to personal security or special duty assignments which necessitate those members wearing clothing other than the uniform of the Uniform Division. The commissioner, subject to the approval of the Board of Public Safety, shall establish the amount of clothing allowance to be paid each year. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. SAPELO ISLAND HERITAGE AUTHORITYHOG HAMMOCK COMMUNITY; BEST USE; REAL PROPERTY TRANSACTIONS; STATE PROPERTY TRANSFERS. Code Sections 12-3-441 and 12-3-445 Amended. No. 1354 (House Bill No. 1938). AN ACT To amend Part 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Sapelo Island Heritage Authority Act, so as to provide that the best and most important use of the Hog Hammock community located

Page 454

on Greater Sapelo Island is for it to remain occupied by the direct descendants of the slaves of Thomas Spalding; to authorize real property transactions both inside and outside of the Hog Hammock community on Greater Sapelo Island; to provide that the Governor be empowered and authorized to convey to the authority title to real property owned or claimed by the state on Greater Sapelo Island; to provide that certain property claimed by the authority may be condemned; 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 7 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Sapelo Island Heritage Authority Act, is amended by striking in its entirety paragraph (9) of subsection (a) of Code Section 12-3-441, relating to legislative findings under the Act, and inserting in lieu thereof a new paragraph (9) to read as follows: (9) The best and most important use of this area of Greater Sapelo Island is for said community to remain, as it currently exists, a historic community, occupied by the direct descendants of the slaves of Thomas Spalding; and. Section 2 . Said part is further amended by striking in its entirety paragraph (2) of Code Section 12-3-445, relating to the powers and duties of the authority, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, including tenancies in common, located both inside the Hog Hammock community and elsewhere on Greater Sapelo Island, McIntosh County, Georgia. Upon such acquisition by the authority, the said real and personal property shall become public property and shall be entitled to all the rights, privileges, and protection afforded like situated state owned or claimed property. The Governor is empowered and authorized, for and on behalf of the state, to convey to the authority, by deed, title to

Page 455

any real property owned or claimed by the state on Greater Sapelo Island. The authority may not acquire real or personal property by condemnation, eminent domain, but any real or personal property owned or claimed by the authority may be condemned, through the exercise of the power of eminent domain, by the State of Georgia, acting by and through its State Properties Commission;. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986. CITIES OF MORE THAN 300,000TRAFFIC COURTS; SENIOR JUDGES. No. 1396 (House Bill No. 1714). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended by an Act approved March 30, 1977 (Ga. L. 1977, p. 1207), so as to create the position of senior judge of any such court; to provide the qualifications for said position; to provide for the duties of such senior judges; to provide for the compensation of such senior judges; 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:

Page 456

Section 1 . An Act creating a system of traffic courts for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended by an Act approved March 30, 1977 (Ga. L. 1977, p. 1207), is amended by adding immediately following Section 11 a new Section 11A to read as follows: Section 11A. (a) The office of senior judge of a city court provided for by this Act is created. Any judge, chief judge, or associate judge of any such city court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a senior judge on the effective date of such retirement. (b) Senior judges may be called upon to serve as judges of a city court when a regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as additional or substitute judge. Such senior judge shall have all the power and authority when so designated or assigned as a city court judge. Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of a city court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of the city court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1986.

Page 457

METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEEREPEAL DATE. No. 60 (House Resolution No. 515). 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 March 7, 1984 (Ga. L. 1984, p. 336), 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 March 7, 1984 (Ga. L. 1984, p. 336), is amended by striking Section 3A, 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, 1990. Section 2 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1986.

Page 458

FINANCIAL INSTITUTIONSDEFINITIONS; FINANCIAL EXAMINERS AND PERSONNEL OF THE DEPARTMENT OF BANKING AND FINANCE; RECEIVING MONEY FOR DEPOSIT OR TRANSMISSION; BANK POWERS; DIRECTORS; MINORS; CREDIT UNIONS. Code Title 7, Chapter 1 Amended. No. 1397 (House Bill No. 1281). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the Financial Institutions Code of Georgia, so as to repeal the definition of the term money; to authorize the department to expend funds for the recruitment, training, and certification of a professional staff of financial examiners; to provide for the continued qualification and recognition of the professional status of examiners; to authorize the department to recognize independent certification of professional qualifications as supplemental to the rules and regulations of the state merit system in considering personnel actions relative to its examiners; to redesignate Code Section 7-1-442 as Code Section 7-1-236; to provide that certain persons or corporations shall not be deemed to be engaged in the business of receiving money for deposit or transmission under certain conditions; to provide that persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial transactions resulting from and initiated at the point of the sale of goods or services who do not receive deposits or otherwise engage in the business of banking shall not be deemed to be engaged in the business of receiving money for deposit or transmission; to provide that banks shall have the power to receive money or commercial paper for deposit and to provide by its rules or by agreement for the terms of withdrawal and interest thereon; to provide that banks shall have the power to act as an agent to collect checks, drafts, and other items of commercial paper and in exercising this power to become a member of a clearing-house and grant security interests in its assets for its qualification therein; to change the qualifications of directors; to authorize the department to waive the residency requirements

Page 459

for directors of special purpose banks; to change the provisions authorizing a minor to have deposits in a credit union; to provide that a minor may have third-party payment accounts; to provide for the discharge of liability for the payment of any deposit of a minor depositor by a credit union; to provide for the discharge of liability in transactions involving payments to third parties out of a minor's account; to provide that any action by a minor with respect to a deposit account, third-party payment account, or safe-deposit agreement shall be binding on the minor with the same effect as though the minor were an adult; to change the definition of certain terms; to change the definition of the term bank as it relates to bank branches, offices, facilities, and holding companies; to repeal the definition and supplementary provisions of the term engaging in the business of selling or issuing checks as it relates to the sale of checks or money orders; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the Financial Institutions Code of Georgia, is amended by striking paragraph (22.1) of Code Section 7-1-4, relating to definitions pertaining to financial institutions, which reads as follows: (22.1) `Money' means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency., in its entirety. Section 2 . Said chapter is further amended by striking Code Section 7-1-35, relating to the deputy commissioner, examiners, and assistants, in its entirety and substituting in lieu thereof a new Code Section 7-1-35 to read as follows: 7-1-35. (a) The commissioners shall appoint from time to time, with the right to discharge at will, a deputy commissioner, who shall also be ex officio examiner, and such additional examiners and assistants as he may need to discharge

Page 460

in a proper manner the duties imposed upon him by law, subject to the rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this Code section. Except as otherwise provided in this chapter, the deputy commissioner, examiners, and assistants shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term `state merit system' shall mean that system established pursuant to Article 1 of Chapter 20 of Title 45. (b) Within the limitations of its annual appropriation, the department may expend funds pursuant to the authority granted under Article VIII, Section VII, Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment, training, and certification of a professional staff of financial examiners. The department may provide for the participation of examiners in such educational, training, and certification programs as the commissioner deems necessary to the continued qualification and recognition of the professional status of examiners. The department may recognize independent certification of professional qualifications as supplemental to the rules and regulations of the state merit system in considering the personnel actions relative to its examiners. Section 3 . Said chapter is further amended by redesignating Code Section 7-1-442, relating to report of change in control, as Code Section 7-1-236. Section 4 . Said chapter is further amended by striking paragraph (3) and by adding a new paragraph (4) at the end of subsection (b) of Code Section 7-1-241, relating to restrictions on engaging in the business of banking, so that when so amended paragraphs (3) and (4) of subsection (b) shall read as follows: (3) An attorney at law, real estate agent, fiscal agent, insurance company, utility company, or any other person or corporation to the extent he or it receives and transmits money solely as an incident to a business or profession not governed by this chapter;

Page 461

(4) Persons or corporations engaged in the business of cashing checks, dispensing cash through credit or debit card activated electronic devices, or recording of financial transactions resulting from and initiated at the point of the sale of goods or services; provided, however, no such person or corporation shall receive deposits or otherwise engage in the business of banking. Section 5 . Said chapter is further amended by striking paragraphs (1) and (2) of Code Section 7-1-280, relating to major banking powers, in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) To receive money or commercial paper for deposit and to provide by its rules or by agreement for the terms of withdrawal and interest thereon; (2) To act as an agent to collect checks, drafts, and other items of commercial paper and in exercising this power to become a member of a clearing-house and grant security interests in its assets for its qualification therein;. Section 6 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-480, relating to the board of directors of a bank or trust company, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Each director shall be a citizen of the United States and at least 60 percent of the directors shall: (1) Reside in Georgia; and (2) Reside in the county in which the registered office of the bank or trust company is or is proposed to be located or within 40 miles of any office thereof authorized to offer a complete banking or trust service; provided, however, the department may waive this provision with respect to special purpose banks organized pursuant to subsection (c) of Code Section 7-1-394. No more than 25 percent of the total membership of the board of directors of a bank, trust company, or bank holding company shall be members of the same

Page 462

family unless such family members own a majority of the outstanding stock of the bank, trust company, or bank holding company. As used in this paragraph, the term `family' means parents, children, and the spouses of children. Section 7 . Said chapter is further amended by striking subsection (d) of Code Section 7-1-590, relating to representative offices of banks and bank holding companies domiciled in other states or territories, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) For purposes of this Code section, the terms `bank' and `bank holding company' shall have the same meaning accorded those terms in Code Section 7-1-600. Section 8 . Said chapter is further amended by striking paragraph (1) of Code Section 7-1-600, relating to definitions pertaining to branch banks, offices, facilities, and holding companies, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Bank' means any moneyed corporation authorized by law to receive deposits of money and commercial paper, to make loans, to discount bills, notes, and other commercial paper, to buy and sell bills of exchange, and to issue bills, notes, acceptances, or other evidences of debt, and shall include incorporated banks, savings banks, banking companies, trust companies, and other corporations doing a banking business but, unless the context otherwise indicates, shall not include national banks, or building and loan associations, or similar associations or corporations; provided, however, that Code Section 7-1-590, providing for the registration of representative offices; Code Section 7-1-601, regulating the operation and establishment of branch banks and taxation of banks, branch bank offices, and bank facilities; Code Section 7-1-602, regulating the establishment of bank offices and bank facilities; Code Section 7-1-603, regulating the expansion of existing facilities; and Code Sections 7-1-605 through 7-1-608, restricting the acquisition and ownership of bank shares or assets, shall apply to national banks and all other persons, corporations, or associations, by whatever authority organized, doing a banking business in this state.

Page 463

`Bank' shall include `bank office,' `bank facility,' `parent bank,' and `branch bank,' unless the context indicates that it does not. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-652, relating to joint and minor trust shares and deposits and preferred capital base shares, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) (1) A minor shall be allowed to have deposits in a credit union in his own name, and the deposits made by the minor shall not be subject to the control of his parent, guardian, or trustee. A minor may have third-party payment accounts. A receipt or acquittance signed by such a minor depositor shall be a valid and sufficient release and discharge of such credit union for any payment of any deposit to such minor. In the transactions involving payments to third parties out of the minor's account, the payment of an order of the minor shall be a valid and sufficient release and discharge of the credit union for any payment of such funds from the minor's account. This subsection shall continue to include, without limitation: (A) Deposits in such credit unions by a minor with one or more adults or other minors, as party to and with the same effect as a multiple-party account under Article 8 of this chapter; (B) The rental to a minor by said credit unions of a safe-deposit box or other receptacle for the safe deposit of property from such minor (and the receipt of any such property), individually or jointly with one or more adults; and (C) The dealing with a minor by said credit unions with respect to such a deposit account, third-party payment account, or safe-deposit agreement without the consent of a parent or guardian and with the same effect as though the minor were an adult. (2) Any action of the minor with respect to such deposit account, third-party payment account, or safe-deposit

Page 464

agreement shall be binding on the minor with the same effect as though the minor were an adult. Section 10 . Said chapter is further amended by striking Code Section 7-1-681, relating to the requirement for licenses for the sale of checks or money orders and to the definition of engaging in the business of selling or issuing checks, in its entirety and substituting in lieu thereof a new Code Section 7-1-681 to read as follows: 7-1-681. No person or corporation, other than a bank or trust company, the authorized agent of a licensee, or an incorporated telegraph company which receives money at any of its offices or agencies for immediate transmission by telegraph, shall engage in the business of selling or issuing checks without having first obtained a license under this article. This restriction applies to any nonresident person or corporation that engages in this state in the business of selling or issuing checks through a branch, subsidiary, affiliate, or agent in this state. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 465

USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERSMAJOR COMPONENT PART REDEFINED; OUT-OF-STATE BUYER'S CARDS. Code Section 43-48-2 Amended. Code Section 43-48-17.1 Repealed. No. 1398 (House Bill No. 1610). AN ACT To amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, so as to change the provisions relating to certain definitions; to repeal the provision relating to out-of-state buyer's cards; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 48 of Title 43 of the Official Code of Georgia Annotated, known as The Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers Registration Act, is amended by striking in its entirety paragraph (6) of Code Section 43-48-2, relating to definitions, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Major component part' means one of the subassemblies of a motor vehicle as defined in paragraph (10) of Code Section 40-3-2. Section 2 . Said chapter is further amended by striking in its entirety Code Section 43-48-17.1, relating to an out-of-state buyer's card, which reads as follows: 43-48-17.1. Any salvage dealer from another state who wishes to purchase salvage motor vehicles, major component parts, or parts may, upon presentation of another state, county, or municipal license, be issued at the discretion of the board an out-of-state buyer's card, provided that the

Page 466

dealer meets all other requirements as the board may establish by rule. All persons licensed under this Code section, when selling to out-of-state buyers, may sell salvage motor vehicles, major component parts, or parts only to those out-of-state buyers who hold an out-of-state buyer's card issued by the board., and inserting in lieu thereof a new Code Section 43-48-17.1 to read as follows: 43-48-17.1. Reserved. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. HOUSE OF REPRESENTATIVESDISTRICTS NO. 28 AND 34; REAPPORTIONMENT. Code Section 28-2-1 Amended. No. 1399 (House Bill No. 181). 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.

Page 467

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 descriptions of Representative Districts No. 28 and 34 and inserting in lieu thereof the following new descriptions of said districts: District No. 28 - 1 Representative Fulton Tract 76.02 Blocks 306 and 309 Tracts 77.01 and 77.02 Tract 80 Blocks 401, 402, and 404 through 410 Blocks 501 through 509 Tract 103 Block Group 1 Blocks 211, 212, 214, 311 through 314, 316 through 321, and 323 Block Groups 4 through 8 Tract 105.05 Block Groups 1 and 9 Tract 113.02 Blocks 312, 401 through 405, 415, 420 through 438, and 501 District No. 34 - Representative Fulton Tracts 60 through 62, 66.01, 66.02, and 76.01 Tract 76.02 Block Groups 1 and 2 Blocks 301 through 304, 308, 310, and 311 Tract 80 Block Groups 1, 2, and 3 Block 403 Block 510 Block Group 6 Tract 81.01

Page 468

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 31, 1986. CIGARSEXCISE TAX RATE. Code Section 48-11-2 Amended. No. 1400 (House Bill No. 775). AN ACT To amend Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to change the rate of taxation imposed on cigars; to provide for 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 . Code Section 48-11-2 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars and cigarettes in this state at the following rates:

Page 469

(1) Little cigars weighing not more than three pounds per thousand: two mills each; (2) All other cigars: 13 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 12 per pack of 20 cigarettes and a like rate, pro rata, for other packages. Section 2 . This Act shall become effective July 1, 1986, and shall apply to taxable events and transactions occurring on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATIONINTERDEPARTMENTAL TRANSFER, WORKING TEST, AND WORKING TEST EMPLOYEE; DEFINITIONS. Code Section 45-20-2 Amended. No. 1401 (House Bill No. 788). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions in connection with employment by the State of Georgia, so as to change certain definitions; to define the term interdepartmental transfer; to repeal conflicting laws; and for other purposes.

Page 470

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 in connection with employment by the State of Georgia, is amended by adding between paragraphs (8) and (9) a new paragraph (8.1) to read as follows: (8.1) `Interdepartmental transfer' means a transfer from a classified position in one department to a classified position in the same or a comparable class in another department. For the purpose of this paragraph, a comparable class is any other class on the same pay grade. Section 2 . Said Code section is further amended by striking paragraphs (16) and (17) in their entirety and substituting in lieu thereof new paragraphs (16) and (17) to read as follows: (16) `Working test' or `working test period' means a probationary period of employment in a class of covered positions during which the employee must demonstrate to the satisfaction of the appointing authority that he has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each appointment, reappointment, promotion, and interdepartmental transfer. The commissioner may fix the length of the working test period for any class at not less than three months nor more than 12 months exclusive of any time in nonpay status or an unclassified position. (17) `Working test employee' or `employee on working test' means a covered employee serving a working test period in the class of positions in which he is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he held permanent status shall retain permanent status rights in the lower class until he attains permanent status in the class to which he has been promoted. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 471

MOTOR VEHICLE SIZE AND WEIGHT LIMITSVEHICLES TRANSPORTING HAY BALES. Code Section 32-6-28 Amended. No. 1402 (House Bill No. 1066). AN ACT To amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, so as to provide that such permits may be issued for certain vehicles transporting hay bales; to provide for permit fees; 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 32-6-28 of the Official Code of Georgia Annotated, relating to permits for operation of motor vehicles which exceed size and weight limitations, is amended by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows: (1) The commissioner or an official of the department designated by the commissioner may, in his discretion, upon application in writing and good cause being shown therefor, issue a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law, provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; and provided, further, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenance thereto, except that the dismantling limitation specified in this Code section shall not apply to loads which consist of cotton, tobacco, concrete pipe, and plywood that do not exceed a width of nine feet or of round bales of hay that do

Page 472

not exceed a width of 11 feet and which are not moved on part of the National System of Interstate and Defense Highways. However, vehicles transporting portable buildings on roads not a part of the National System of Interstate and Defense Highways, regardless of whether the nature of such buildings is such that they can be readily dismantled or separated, may exceed the lengths and widths established in this article, provided that a special permit for such purposes has been issued as provided in this Code section, but no such special permit shall be issued for a load exceeding 12 feet in width. Section 2 . Said Code section is further amended by adding at the end of paragraph (1) of subsection (c) a new subparagraph (H) to read as follows: (H) For loads of round hay bales which do not exceed 11 feet wide.....100.00 Provided that the annual permit shall specify the route or routes upon which such loads may be operated. Section 3 . Said Code section is further amended by adding to paragraph (3) of subsection (c), immediately following subparagraph (D) of said paragraph (3) and immediately before the undesignated language at the end of said paragraph (3), a new subparagraph (E) to read as follows: (E) Loads of round hay bales which do not exceed 11 feet wide.....10.00 Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 473

PSYCHOLOGISTSSTATE BOARD OF EXAMINERS OF PSYCHOLOGISTS; NAME CHANGE; REPORTS; EXAMINATIONS; LICENSES; DISCIPLINE. Code Title 43, Chapter 39 Amended. No. 1403 (House Bill No. 1176). AN ACT To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of applied psychology, so as to reenact that chapter so as to delete certain references using the term applied and delete certain pronouns; to delete provisions regarding initial terms of members of the State Board of Examiners of Psychologists; to delete certain reporting requirements by that board; to change certain provisions regarding examinations; to change certain licensing requirements; to change certain requirements regarding persons licensed in other states; to delete certain requirements for recording, indexing, reporting, and registering licenses and fees relating thereto; to change the authority of the board regarding certain disciplinary sanctions; to require the revocation of temporary licenses under certain conditions; to provide for the continuation of the board but provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of applied psychology, is amended by striking that chapter in its entirety and inserting in its place a new chapter to read as follows: CHAPTER 39 43-49-1. As used in this chapter, the term: (1) `Board' means the State Board of Examiners of Psychologists.

Page 474

(2) `To practice psychology' means to hold oneself out to be a psychologist and to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as, but not limited to, diagnosing and treating mental and nervous disorders, interviewing, administering, and interpreting tests of mental abilities, aptitudes, interest, and personality characteristics for such purposes as psychological classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this state. 43-39-2. There is created a State Board of Examiners of Psychologists, to consist of six members who shall be appointed by the Governor under conditions set forth in this chapter. No member of the board shall be liable to civil action for any act performed in good faith in the performance of that member's duties as prescribed by law. 43-39-3. (a) The Governor shall appoint members to serve on the board so that the board shall at all times be composed of five members who are persons licensed as psychologists under this chapter and one consumer member who is not licensed as a psychologist under this chapter and who has no connection whatsoever with the practice or profession of psychology. (b) All six members of the board shall serve for terms of five years and until their successors are appointed and qualified. Vacancies on the board shall be filled by the Governor for the unexpired term in the same manner as the original appointment, and members shall serve until their successors are appointed and qualified. Any board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude. 43-39-4. Immediately and before entering upon the duties of their office, the members of the board shall take the

Page 475

constitutional oath of office and shall file the same in the office of the Governor who, upon receiving said oath of office, shall issue to each member a certificate of appointment. 43-39-5. (a) The board shall elect annually a president and a vice-president. The board shall operate under the terms of Chapter 1 of this title, providing for a joint-secretary for the several state examining boards; and the joint-secretary shall serve the board as provided by law. (b) The board shall hold at least one regular meeting each year. Called meetings may be held at the discretion of the president or at the written request of any two members of the board. (c) The board shall adopt a seal, which must be affixed to all licenses issued by the board. (d) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall provide for examinations and pass upon the qualifications of the applicants for the practice of psychology. (e) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 43-39-6. The board shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. The board shall issue licenses to practice psychology to all persons who shall present satisfactory evidence of attainments and qualifications under this chapter and the rules and regulations of the board. Such licenses shall be attested by the joint-secretary under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice psychology in this state. It shall be the duty of the joint-secretary, under the direction of the board, to aid the prosecuting attorneys in the enforcement of this chapter and the prosecution of all persons charged with the violation of its provisions. 43-39-7. If any person shall hold himself or herself out to the public as being engaged in the practice of psychology

Page 476

and shall not then possess in full force and virtue a valid license to practice psychology under the laws of this state, that person shall be deemed to be practicing psychology without complying with this chapter and in violation thereof. Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization or an established and recognized social welfare agency, or the use of psychological techniques by organizations engaged in business, commerce, or industry or by persons within their salaries employ, provided that the title `psychologist' is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this chapter. Persons employed in federal, state, county, or municipal agencies or in chartered educational institutions or who are students in training in chartered educational institutions are exempted when practicing in their agencies or institutions, as are technicians, assistants, or interns working under the supervision of licensed psychologists. 43-39-8. (a) Any person wishing to practice psychology in this state shall make application to the board through the joint-secretary upon such form and in such manner as shall be adopted and prescribed by the board and obtain from the board a license so to do. Unless such a person has obtained such a license it shall be unlawful for that person to practice; and if that person shall practice psychology without first having obtained such a license, that person shall be deemed to have violated this chapter. (b) A candidate for such license shall furnish the board with satisfactory evidence that the candidate: (1) Is of good moral character; (2) Has received a degree of doctor of philosophy in psychology from an accredited educational institution recognized by the board as maintaining satisfactory standards or, in lieu of said degree, a doctorate degree in a closely allied field, if it is the opinion of the board that

Page 477

the training required therefor is substantially similar; (3) Has had at least one year of experience in psychology of a type considered by the board to be qualifying in nature; (4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and (5) Has not within the preceding six months failed an examination given by the board. The board may at its discretion accept satisfactory substitute training and experience in lieu of that prescribed in paragraphs (2) and (3) of this subsection. 43-39-9. Examination of applicants for a license to practice 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 the applicant's name so that the applicant's 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. 43-39-10. The board may grant a license without a written examination to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. 43-39-11. Reserved. 43-39-12. Licenses issued by the board shall be renewable biennially.

Page 478

43-39-13. (a) The board shall have the authority to refuse to grant or renew a license to an applicant therefor or to suspend or revoke a license issued by the board or to discipline a person licensed by the board based upon any of the following: the employment of fraud or deception in applying for a license or in passing the examination provided for in this chapter; conviction of felony; the practice of psychology under a false or assumed name or the impersonation of another practitioner of a like or different name; habitual intemperance in the use of alcoholic beverages, narcotics, or stimulants to such an extent as to incapacitate one in the performance of one's duties; negligence or wrongful actions in the performance of one's duties; or for any violation of subsection (a) of Code Section 43-1-19. Any license revoked by the board shall be subject to reinstatement at the discretion of the board. (b) The board may not suspend or revoke or refuse to renew any license for cause nor refuse to issue a license for lack of good moral character unless the person accused has been afforded an opportunity for a hearing by the board before either the board or its hearing officer. The hearing shall be held in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the board or its hearing officer shall have all the powers and authority granted to tribunals and their hearing officers under said chapter. (c) The action of the board in granting or refusing to grant or renew a license under this chapter, or in revoking or suspending or refusing to revoke or suspend such a license may be appealed in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' to the superior court in the county where the joint-secretary maintains his offices, provided that, if the findings of the board are supported by any evidence, then such findings shall be accepted by the court. 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

Page 479

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 shall revoke such temporary license. 43-39-15. The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations concerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the board at least one year prior to implementation of continuing education requirements for renewal of licensure. 43-39-16. The confidential relations and communications between a licensed psychologist and client are placed upon the same basis as those provided by law between attorney and client; and nothing in this chapter shall be construed to require any such privileged communication to be disclosed. 43-39-17. No person shall use the title `Licensed Psychologist' in this state without a license granted by the board and signed by the board president. No person not licensed as provided in this chapter shall designate that person or that person's occupation by the words `Licensed Psychologist,' nor shall such person designate that person by any other term or title which implies that such person is practicing professional psychology unless that person has a valid license. 43-39-18. The board is authorized to bring an action to enjoin any person, firm, or corporation who, without being licensed to practice psychology by the board, engages in the practice of psychology as regulated by this chapter. The proceeding shall be filed in the county in which such person resides or in the county where the firm or corporation maintains a principal office. If it shall be made to appear that such person, firm, or corporation is practicing psychology without a license, the injunction shall be issued and such

Page 480

person, firm, or corporation shall be permanently enjoined from practicing psychology throughout the state. It shall not be necessary, in order to obtain the equitable relief described in this Code section, for the board to allege and prove there is no adequate remedy at law. It is declared that such unlicensed activities are a menace and a nuisance and are dangerous to public health, safety, and welfare. 43-39-19. Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $500.00 for such violation. 43-39-20. 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 Examiners of Psychologists shall be terminated on July 1, 1992, 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 481

LICENSES TO CARRY PISTOLSRESIDENCY REQUIREMENTS. Code Section 16-11-129 Amended. No. 1404 (House Bill No. 1226). AN ACT To amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to licenses to carry a pistol or revoler, so as to change certain provisions regarding the residency requirements for applicants for issuance or renewal of that license; 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 a pistol or revolver, is amended by striking subsection (a) thereof, and inserting in its place the following: (a) The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to any person who is a resident of that county at the time of such application, which license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his eligibility under this Code section but shall not require nonpertinent or irrelevant data such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The

Page 482

forms shall be furnished to each judge of each probate court within the state at no cost. Section 2 . That Code section is further amended by striking paragraph (3) of subsection (c) thereof and inserting in its place the following: (3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant resides at the time of making the renewal application. 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 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. SHIPS' PILOTSDIRECTIONS FOR MOORING; DOCKING OF SHIPS. Code Section 52-6-45 Amended. No. 1405 (House Bill No. 1242). AN ACT To amend Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, so as to eliminate certain requirements placed on a pilot to give directions for

Page 483

moorings and to dock ships; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-6-45 of the Official Code of Georgia Annotated, relating to pilotage fees, generally, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 52-6-45 to read as follows: 52-6-45. Any vessel which is not exempt under the laws of the United States or this chapter from the payment of pilotage fees, to which the services of a pilot are tendered, or any vessel which accepts the services of a pilot shall be liable to the pilot whose services are tendered or accepted, as the case may be, for the payment of the full inward and outward pilotage fees fixed by the commissioners. Any such vessel which calls at the bar of any of the ports or rivers named in Code Sections 52-6-4 and 52-6-31 in ballast seeking for orders and which does not load but leaves in ballast or which, having loaded at any of such ports or rivers, returns thereto because of stress of weather or because it is damaged or disabled, without completing the voyage, and any such vessel which shall touch off the bar of any of such ports or rivers for instructions shall be liable to the pilot who delivers letters, orders, or instructions to her, or to the pilot whose services she accepts, for one-half the inward and outward pilotage fees fixed by the commissioners. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 484

RESISTING, OBSTRUCTING, OR OPPOSING A LAW ENFORCEMENT OFFICER, PRISON GUARD, CORRECTIONAL OFFICER, PROBATION SUPERVISOR, PAROLE SUPERVISOR, OR CONSERVATION RANGER. Code Section 16-10-24 Amended. No. 1406 (House Bill No. 1320). AN ACT To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, so as to provide that whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony; to provide a penalty; 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 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by striking Code Section 16-10-24 in its entirety and inserting in lieu thereof a new Code Section 16-10-24 to read as follows: 16-10-24. (a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor. (b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer

Page 485

or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. TAXIDERMISTSMOUNTING AND SALE OF LEGALLY TAKEN FURBEARERS, DEER, AND SQUIRREL. Code Section 27-2-9 Amended. No. 1407 (House Bill No. 1326). AN ACT To amend Code Section 27-2-9, relating to taxidermist licenses and unlawful acts and omissions by taxidermists, so as to provide that the prior written permission of the commissioner is not necessary for a taxidermist to mount and sell legally taken furbearers, deer, and squirrel, or parts thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-2-9, relating to taxidermist licenses and unlawful acts and omissions by taxidermists, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) It shall be unlawful for a taxidermist to sell any wildlife or part thereof without the prior written permission of the commissioner or his designee; provided, however,

Page 486

that it shall not be unlawful for a taxidermist to mount and sell legally taken furbearers, deer, and squirrel, or parts thereof. Section 2 . Said Code section is further amended by striking in its entirety subsection (h). Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. MEDICAIDMODIFICATIONS OF STATE PLAN; NURSING HOMES; RATES. Code Section 49-4-142 Amended. No. 1408 (House Bill No. 1330). AN ACT To amend Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, so as to provide that a modification to the plan shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations; to provide that semiprivate accommodations are to be furnished by certain providers of nursing home services as the obligation to recipients of medical assistance; to provide that a modification shall limit a skilled care or intermediate care facility's rooms to be used for Medicaid receipients under certain circumstances; to provide

Page 487

for calculation of a private room differential payment over the cost of a semiprivate room; to 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 49-4-142 of the Official Code of Georgia Annotated, relating to the creation of the Department of Medical Assistance and adoption and modification of the state plan, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or 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. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations: (1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) 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

Page 488

of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, 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; (4) 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; (5) 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 (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 489

HOSPITAL AUTHORITIESAUDITS; FILING. Code Section 31-7-92 Amended. No. 1409 (House Bill No. 1355). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to change certain filing requirements for audits of authorities; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking in its entirety Code Section 31-7-92, relating to the filing of hospital authority audits, and inserting in its place a new Code Section 31-7-92 to read as follows: 31-7-92. All final audits provided for in Code Section 31-7-91 shall be reproduced in sufficient number and copies of the audit shall be filed with the clerk of the superior court in the county where any hospital is operated by a hospital authority and in the office of the clerk of the superior court of any county that is a participating unit of the authority. In the event any hospital is operated by a municipal hospital authority, the audit required herein to be filed with the office of the clerk of the superior court shall be filed in the office of city clerk, clerk of council, clerk of the board of aldermen, or clerk of the governing body of the municipality, in lieu of being filed with the clerk of the superior court. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 490

ARRESTSUSE OF FORCE IN MAKING ARRESTS OR PREVENTING ESCAPES. Code Section 17-4-20 Amended. No. 1410 (House Bill No. 1363). AN ACT To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, so as to provide limitations on the use of force in arresting felony suspects; to provide for use of force in preventing escapes and apprehending escapees; 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 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests by law enforcement officers generally, is amended by striking Code Section 17-4-20, relating to arrests in general, and inserting in lieu thereof a new Code Section 17-4-20 to read as follows: 17-4-20. (a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in his presence or within his immediate knowledge, if the offender is endeavoring to escape, if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed, or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. (b) Sheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when

Page 491

used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm. Nothing in this Code section shall be construed so as to restrict such sheriffs or peace officers from the use of such reasonable nondeadly force as may be necessary to apprehend and arrest a suspected felon or misdemeanant. (c) Nothing in this Code section shall be construed so as to restrict the use of deadly force by employees of state and county correctional institutions, jails, and other places of lawful confinement when reasonably necessary to prevent escapes or apprehend escapees from such institutions. (d) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 492

PENAL INSTITUTIONSEFFECTIVE DATE OF TOLLING OF A SENTENCE WHEN THE RUNNING OF A PROBATED SENTENCE IS SUSPENDED. Code Section 42-8-36 Amended. No. 1411 (House Bill No. 1369). AN ACT To amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, so as to change the effective date of the tolling of the sentence when the running of the probated sentence is suspended; to repeal certain provisions relating to revocation of probation without notice to the probationer; to 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 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of a probationer to inform his probation supervisor of his residence and whereabouts, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition 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

Page 493

suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor or 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 sheriff returns the warrant showing non est inventus. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. PENAL INSTITUTIONSEMERGENCY MEDICAL COSTS IN LIFE-THREATENING SITUATIONS; STATE INMATES HOUSED IN COUNTY INSTITUTIONS. Code Section 42-5-2 Amended. No. 1412 (House Bill No. 1370). AN ACT To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to provide for payment of emergency medical costs in life-threatening situations, above a specified minimum amount, by the Georgia Department of Corrections with respect to state inmates housed in county institutions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 494

Section 1 . Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, is amended by striking Code Section 42-5-2 in its entirety and inserting in lieu thereof a new Code Section 42-5-2 to read as follows: 42-5-2. It shall be the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to maintain the inmate, furnishing him food, clothing, and any needed medical and hospital attention; to defend any habeas corpus or other proceedings instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and recapture, including the expenses of extradition. It shall be the responsibility of the department to bear the costs of any reasonable and necessary emergency medical and hospital care which is provided to any inmate after the receipt by the department of the notice provided by subsection (a) of Code Section 42-5-50 who is in the physical custody of any other political subdivision or governmental agency of this state, except a county correctional institution, if the inmate is available and eligible for the transfer of his custody to the department pursuant to Code Section 42-5-50. The department shall also bear the costs of any reasonable and necessary follow-up medical or hospital care rendered to any such inmate as a result of the initial emergency care and treatment of the inmate. With respect to state inmates housed in county correctional institutions, the department shall bear the costs of direct medical services required for emergency medical conditions posing an immediate threat to life or limb if the inmate cannot be placed in a state institution for the receipt of this care. The responsibility for payment will commence when the costs for direct medical services exceed an amount specified by rules and regulations of the Board of Corrections. The department will pay only the balance in excess of the specified amount. It shall remain the responsibility of the governmental unit having the physical custody of an inmate to bear the costs of such medical and hospital care, if the custody of the inmate has been transferred from the department pursuant to any order of any court within this state. The department shall have the authority to promulgate rules and regulations relative to payment of such medical and hospital costs by the department.

Page 495

Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. COUNTY TAX RECEIVERS, TAX COLLECTORS, AND TAX COMMISSIONERSQUALIFICATIONS. Code Section 48-5-210 Amended. No. 1413 (House Bill No. 1378). AN ACT To amend paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, so as to provide that persons holding any such office as of April 1, 1986, shall not be required to possess certain qualifications; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Paragraph (1) of subsection (b) of Code Section 48-5-210 of the Official Code of Georgia Annotated, relating to the election and qualifications for office of county tax receivers, tax collectors, and tax commissioners, is amended by striking in its entirety subparagraph (E) and inserting in its place a new subparagraph (E) to read as follows: (E) Has obtained a high school diploma or its recognized equivalent, but this subparagraph shall not apply to

Page 496

any person who was holding the office of tax receiver, tax collector, or tax commissioner on April 1, 1986; and. Section 2 . This Act shall become effective on April 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. INSURANCE PREMIUM FINANCE COMPANIESDELIVERY OF CANCELLATION NOTICES TO INSURERS. Code Section 33-22-13 Amended. No. 1414 (House Bill No. 1393). AN ACT To amend Code Section 33-22-13 of the Official Code of Georgia Annotated, relating to the procedure for cancellation of an insurance contract by a premium finance company upon default of the insured, so as to allow for the delivery of certain cancellation notices to insurers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-22-13 of the Official Code of Georgia Annotated, relating to the procedure for cancellation of an insurance contract by a premium finance company upon default of the insured, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

Page 497

(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 or delivering 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 or delivering 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 or delivery 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 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 498

EDUCATIONJURY LEAVE FOR TEACHERS. Code Section 20-2-870 Amended. No. 1415 (House Bill No. 1416). AN ACT To amend Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, so as to provide that teachers shall be allowed leave for the purpose of testifying in cases arising out of their duties as teachers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 5 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to jury leave for teachers, is amended by striking Code Section 20-2-870 in its entirety and inserting in lieu thereof a new Code Section 20-2-870 to read as follows: 20-2-870. Each person employed as a teacher in any public school of this state shall be allowed a leave of absence without loss of pay and without deduction of any amounts otherwise received as compensation for service as a teacher, for the purpose of attending any court as a juror or when subpoenaed to testify in a case arising out of the person's duties as a teacher, such as the reporting of child abuse required by Code Section 19-7-5. Any teacher who serves as a juror or witness as provided in this Code section shall not have the jury or witness leave deducted from sick, personal, or professional leave. No teacher utilizing jury or witness leave under this Code section shall be required to pay the cost of employing a substitute teacher to serve in his absence on such jury or witness leave, and local boards of

Page 499

education may adopt policies regarding the retention by teachers of the compensation for serving on a jury. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. GEORGIA STUDENT FINANCE AUTHORITYSERVICE CANCELABLE EDUCATIONAL LOANS; MEMBERS OF THE GEORGIA NATIONAL GUARD. Code Section 20-3-374 Amended. No. 1416 (House Bill No. 1446). AN ACT To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the eligibility requirements for service cancelable educational loans to residents of Georgia who are members of the Georgia National Guard; 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 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:

Page 500

(2) The authority is authorized to make service cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public vocational-technical school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. A loan recipient shall not be eligible to receive loan assistance provided for in this paragraph for more than five academic years of study. Educational loans may be made to full-time and half-time students. The maximum loan amount for full-time students shall not exceed $800.00 per academic year; and the maximum loan amount for half-time students shall not exceed $400.00 per academic year. Such loans shall be repayable in cash, with interest thereon, or, upon graduation, termination of enrollment in school, or termination of this assistance with approval of the authority, shall be canceled in consideration of the student's retaining membership in the Georgia National Guard. Loans made to full-time students shall be canceled on the basis of one year of membership service for each year of full-time academic study. Loans made to half-time students shall be canceled on the basis of six months of membership service for each year of half-time academic study. The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 501

SCHOOL BUSESEXHAUST SYSTEM REQUIREMENTS. Code Section 40-8-111 Amended. No. 1417 (House Bill No. 1463). AN ACT To amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, so as to change exhaust system requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to general equipment requirements for school buses, is amended by striking paragraph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) of subsection (a) to read as follows: (6) The exhaust system of the bus shall carry exhaust gases from the engine to a discharge point into the atmosphere, which point: (A) Shall extend beyond the rear axle and shall extend at least five inches beyond the chassis frame and be mounted outside the chassis rail at end point; or (B) May extend to, but not beyond, the body limits on the left side of the bus, beyond the driver's compartment outboard of the chassis centerline; and. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 502

COUNTY TAX COLLECTORS AND TAX COMMISSIONERSANNUAL TRAINING REQUIREMENTS; REMOVAL FROM OFFICE. Code Section 48-5-126.1 Amended. No. 1418 (House Bill No. 1488). AN ACT To amend Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, so as to provide annual training requirements for each county tax collector or tax commissioner; to provide an exception; to provide that failure to comply with such training requirements may subject a tax collector or tax commissioner to removal from office; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax collectors, is amended by striking Code Section 48-5-126.1 in its entirety and inserting in lieu thereof a new Code Section 48-5-126.1 to read as follows: 48-5-126.1. (a) (1) It shall be the responsibility of each county tax collector or tax commissioner in this state who has never served in such office prior to January 1, 1982, to attend 40 hours of training classes pertaining to all areas of county taxation, particularly property taxation and motor vehicle titling and registration, during the initial term of office served by such local tax official. (2) Of the 40 hours of required training classes, 20 hours of such classes shall be attended during the period between the election of the local tax official and the date such official assumes office. (3) The remaining 20 hours of required training classes shall be attended during the first year of the local

Page 503

tax official's initial term of office (unless sickness, emergency, or some other unforeseen circumstance prohibits attendance during that year) at the seminar on county taxation and related matters held at the University of Georgia under the supervision of the Georgia Center for Continuing Education. (b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982, assumes the office during a regular term of office, such local tax official shall be required to obtain special training and instruction from the Motor Vehicle and Property Tax Divisions of the Department of Revenue in lieu of the training requirements of subsection (a) of this Code section. (c) Beginning January 1, 1987, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county taxation and related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection, credit will be given for attendance of the county taxation seminar conducted by the University of Georgia under the supervision of the Georgia Center for Continuing Education or any seminar on county taxation conducted by the Department of Revenue. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such official's initial term of office. (d) The costs of attending the training classes required by this Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by his county for the amount of such fees. (e) The instructors for the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Georgia Association of Tax Officials, the Georgia Center for Continuing Education, and any other qualified persons with expertise in the field of county taxation. (f) The commissioner may adopt and enforce reasonable rules and regulations governing the establishment and administration

Page 504

of the training classes provided for by this Code section. (g) The commissioner is authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution. (h) Any county tax collector or tax commissioner who, without good cause such as sickness or other emergency, fails to comply with the training requirements of this Code section may be subject to removal from office by the Governor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. GAME AND FISHRED DRUM AND SPOTTED SEA TROUT; CREEL LIMIT; SIZE LIMIT. Code Sections 27-4-10 and 27-4-11 Amended. No. 1419 (House Bill No. 1495). AN ACT To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, so as to provide a creel and possession limit for red drum; to provide size limits for red drum and spotted sea trout; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 505

Section 1 . Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions on fish, is amended by adding at the end of Code Section 27-4-10, relating to creel and possession limits for fish, a new paragraph (13) to read as follows: (13) Two red drum, commonly known as spot-tail bass or channel bass, greater than 32 inches in length. Section 2 . Said article is further amended by adding at the end of Code Section 27-4-11, relating to size limits for fish, new subsections (f) and (g) to read as follows: (f) It shall be unlawful to take or have in possession from any salt waters any red drum, commonly known as spot-tail bass or channel bass, less than 14 inches in length. (g) It shall be unlawful to take or have in possession from any salt waters any spotted sea trout, also known as winter trout or speckled trout, less than 12 inches in length. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . Paragraph (4) of Code Section 27-4-10 and subsections (f) and (g) of Code Section 27-4-11 shall stand repealed in their entirety on June 30, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 506

STATE GOVERNMENTADMINISTRATIVE WRITE OFF OF UNCOLLECTABLE DEBTS OR OBLIGATIONS BY STATE AGENCIES OR DEPARTMENTS; AUDITS. Code Section 50-16-17 Enacted. No. 1420 (House Bill No. 1536). AN ACT To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public property, so as to provide for a statement of intent to implement certain provisions of the Constitution relating to gratuities; to authorize any state agency or department to write off administratively debts or obligations to such state agency or department in certain instances where the director of such entity has determined such debts or obligations to be uncollectable; to provide for verification of such an administrative determination; to provide for audits; 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 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to public property, is amended by adding at the end thereof a new Code Section 50-16-17 to read as follows: 50-16-17. (a) It is the intent of this Code section to implement the provisions of Article III, Section VI, Paragraph VI of the Constitution of the State of Georgia which generally prohibit gratuities by devising an administrative mechanism which will ensure that any obligation due the state is not pursued when it is manifest that the account is uncollectable or when the costs of pursuing a moderate indebtedness would create a greater obligation on the treasury than the amount claimed and that there will be an established procedure to scrutinize modest debts individually and, when collection appears to be unlikely, to make a formal administrative determination to conserve public moneys

Page 507

which would otherwise be expended for unfruitful collection efforts. (b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards, in conjunction with the Department of Audits and Accounts, which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state auditor in a manner and at such times as are reflected in the standards developed by the state auditor and the state agency or department. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 508

INSURANCEFAIR ACCESS TO INSURANCE REQUIREMENTS PLAN; TIME OF OPERATION OF LAW EXTENDED. Code Section 33-33-11 Amended. No. 1421 (House Bill No. 1538). AN ACT To amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to extend the time of operation of the chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by striking Code Section 33-33-11 in its entirety and inserting in its place a new Code Section 33-33-11 to read as follows: 33-33-11. This chapter shall no longer be of any force or effect after December 31, 1990, or after the expiration of the Urban Property Protection and Reinsurance Act of 1968 or any reenactment of the same, whichever shall last occur, except that obligations incurred by the association to be established pursuant to this chapter shall not be impaired by the expiration of this chapter and such association shall be continued for the purpose of performing such obligations. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 509

PERSONAL CARE HOMESCOUNTY BOARDS OF HEALTH; IMMUNITY FROM LIABILITY FOR CRIMINAL RECORDS CHECKS OF PERSONNEL. Code Section 31-7-261 Amended. No. 1422 (House Bill No. 1549). AN ACT To amend Code Section 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, so as to extend that immunity to county boards of health; to change a term; to 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 31-7-261 of the Official Code of Georgia Annotated, regarding immunity from liability for criminal records checks of personal care home personnel, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 31-7-261. (a) Neither GCIC, the department, any county board of health, 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 facility, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good-faith action thereby pursuant to the requirements of this article. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 510

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. INSURANCEFARMERS' MUTUAL FIRE INSURANCE COMPANIES; MAXIMUM LIMITS OF RISK. Code Section 33-16-14 Amended. No. 1423 (House Bill No. 1556). AN ACT To amend Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to the maximum amount of insurance that a farmers' mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, so as to increase the maximum limits of risk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-16-14 of the Official Code of Georgia Annotated, relating to the maximum amount of insurance that a farmers' mutual fire insurance company may retain on a subject of insurance exposed to loss from the same fire, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule:

Page 511

Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $ 2,000 250,000 but less than 400,000 2,500 400,000 but less than 600,000 3,000 600,000 but less than 900,000 4,000 900,000 but less than 1,200,000 5,000 1,200,000 but less than 1,500,000 5,500 1,500,000 but less than 2,000,000 6,000 2,000,000 but less than 2,500,000 7,000 2,500,000 but less than 3,000,000 8,000 3,000,000 but less than 3,500,000 9,000 3,500,000 but less than 7,000,000 10,000 7,000,000 and over 25,000 Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. BINGO GAMESPAY FOR PERSONS ASSISTING IN CONDUCT OF GAMES; NUMBER OF ORGANIZATIONS A PERSON MAY ASSIST. Code Section 16-12-60 Amended. No. 1424 (Senate Bill No. 303). AN ACT To amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, so as to change the amount which may be paid to individuals for assisting in the conduct of bingo games; to provide that a person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; to restrict the amount of

Page 512

money a person may receive for assisting in the conduct of bingo games of more than one organization; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations concerning the operation of bingo games, is amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such games on such day. Section 2 . Said Code section is further amended by adding at the end thereof a new subsection (i) to read as follows: (i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 513

GEORGIA CRIME INFORMATION CENTERFIRE DEPARTMENTS; CRIMINAL HISTORY CHECKS OF APPLICANTS FOR EMPLOYMENT. Code Section 35-3-33 Amended. No. 1425 (Senate Bill No. 391). AN ACT To amend Code Section 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center generally, so as to provide that criminal justice agencies shall make available to any local fire department upon request and without charge a copy of the criminal history record information of an applicant for employment; 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 35-3-33 of the Official Code of Georgia Annotated, relating to the powers and duties of the Georgia Crime Information Center generally, is amended by striking the word and at the end of paragraph (13); by striking the period at the end of paragraph (14) and inserting in lieu thereof the following symbol and word ; and; and by adding a new paragraph (15) to read as follows: (15) Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code `J', of the criminal history record information of an applicant for employment. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986.

Page 514

DEPARTMENT OF PUBLIC SAFETYABSTRACTS OF DRIVING RECORDS OF APPLICANTS FOR EMPLOYMENT BY LOCAL FIRE DEPARTMENTS. Code Section 40-5-2 Amended. No. 1426 (Senate Bill No. 392). AN ACT To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, so as to provide that criminal justice agencies shall furnish the abstract of the driving records of certain persons upon request to local fire departments without charge; to provide that it shall be unlawful to disclose any information pertaining to the abstract of the driving record except in the performance of official duties with the local fire department; 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 40-5-2 of the Official Code of Georgia Annotated, relating to records required to be kept by the Department of Public Safety and restrictions on the access to such records, is amended by striking subsection (g) in its entirety and substituting in lieu thereof new subsections (g) and (h) to read as follows: (g) Criminal justice agencies shall furnish without charge at the written request of a local fire department a copy of the abstract of the driving record of any applicant for employment. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire department. (h) Except as otherwise provided in this Code section, the department shall not furnish to any person any compilations

Page 515

of the names or addresses of licensees or applicants for licenses. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. TORTSIMMUNITY OF CERTAIN PERSONS WHO ARE JUSTIFIED IN THREATENING OR USING FORCE IN DEFENSE OF A HABITATION. Code Section 51-11-9 Enacted. No. 1427 (Senate Bill No. 489). AN ACT To amend Article 1 of Chapter 11 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, so as to provide that a person justified in threatening or using force against another under the provisions of Code Section 16-3-23 shall not be held liable in any civil action brought as a result of the threat or use of such force; 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 51 of the Official Code of Georgia Annotated, relating to general provisions on defenses to tort actions, is amended by adding at the end thereof a new Code Section 51-11-9 to read as follows: 51-11-9. A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-23, relating to the use of force in defense of a

Page 516

habitation, shall not be held liable in any civil action brought as a result of the threat or use of such force. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1986. ROLAND HAYES PARKWAY DESIGNATED. No. 61 (House Resolution No. 588). A RESOLUTION Designating the Roland Hayes Parkway; and for other purposes. WHEREAS, Mr. Roland Hayes, a descendant of slaves, was born near the community of Curryville in Gordon County, Georgia, in 1887 and from this humble background he utilized his God-given talent of a rich, ringing tenor voice to advance himself in life by attracting the attention of people of culture and taste; and WHEREAS, through his dedication and hard work he received an education at Fisk University and became a music student of Arthur Hubbard of Boston; and WHEREAS, because of his training and talent he became one of the greatest concert tenors of all time having sung in the United States and in most countries in Europe where he performed before kings, queens, and heads of state; and WHEREAS, Mr. Hayes is acclaimed as one of the greatest tenors of all time whose voice was so full of timbre, purity, flexibility, tenderness, richness, and shade as to have been almost indescribable in its beauty and effect; and

Page 517

WHEREAS, Mr. Hayes, who excelled in the classics was also well-known for his beautiful renditions of Afro-American spirituals and folk melodies; and WHEREAS, Mr. Hayes was an indisputable master of his art who rose to true international greatness and fame, but who never forgot his home and those people who inspired him and to whom he later brought inspiration; and WHEREAS, through the years he always remembered Gordon County, Georgia, and the Curryville Community as home, owning and at times living on his old homeplace and farm; and WHEREAS, the memory of Mr. Roland Hayes and his present descendants bring pride and honor to Gordon County and the State of Georgia and it is therefore only fitting and proper to memorialize this great man. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that in recognition of the many accomplishments and outstanding contributions to mankind made by Mr. Roland Hayes the portion of Georgia Highway 156 between the Floyd County line and such highway's intersection with the C. L. Moss Parkway in Calhoun, Georgia, is designated as the Roland Hayes Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers identifying the Roland Hayes Parkway. Approved March 31, 1986.

Page 518

R. SIDNEY LOWREY, SR., MEMORIAL BRIDGE DESIGNATED. No. 62 (House Resolution No. 591). A RESOLUTION Authorizing and directing the State Department of Transportation to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge; and for other purposes. WHEREAS, Honorable Sidney Lowrey provided many years of dedicated service to the people of Floyd County and the State of Georgia prior to his death on June 7, 1983; and WHEREAS, he served as a member of the Board of Commissioners of Floyd County for nine years and always had the welfare of the citizens of Floyd County uppermost in his mind; and WHEREAS, Mr. Lowrey represented his constituents conscientiously and effectively for 16 years as a member of the General Assembly; and WHEREAS, he served as President of the Floyd County Farm Bureau and as District Director of the Board of Supervisors for the Coosa River Soil Conservation Committee; and WHEREAS, it is only fitting and proper for the state to memorialize this outstanding Georgian by dedicating a bridge in Floyd County to his honored memory. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the Georgia Highway 140 bridge crossing the Oostanaula River in Floyd County, Georgia, as the R. Sidney Lowrey, Sr., Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at said bridge designating it as the R. Sidney Lowrey, Sr., Memorial Bridge.

Page 519

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Honorable R. Sidney Lowrey, Sr., and a copy to the Commissioner of Transportation. Approved March 31, 1986. WYMAN NAIL, JR., AND RHONDA NAILCOMPENSATION. No. 63 (House Resolution No. 593). A RESOLUTION Compensating Wyman Nail, Jr., and Rhonda Nail; and for other purposes. WHEREAS, on March 16, 1985, Rhonda Nail was traveling west on S.R. 155 at the east city limits of Griffin, Georgia, when a huge tree suddenly fell onto the front end of her vehicle, a 1977 Ford Ranger pickup; and WHEREAS, upon investigation, the tree was found to be rotten; and WHEREAS, Wyman Nail, Jr., and Rhonda Nail have suffered property damages to their vehicle totaling $2,300.66; and WHEREAS, the accident occurred through no fault or negligence on the part of Wyman Nail, Jr., and Rhonda Nail and it is only fitting and proper that they be reimbursed for their loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of

Page 520

$2,045.60 to Wyman Nail, Jr., and Rhonda Nail as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986. CONVEYANCE TO THE CITY OF CAIRO. No. 64 (House Resolution No. 633). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Grady County, Georgia, to the City of Cairo, 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 Grady County, Georgia; and WHEREAS, said real property is known and is more particularly described as follows: Begin at the northwest corner of that parcel of land deeded to Grady County by the State of Georgia and as particularly described in that resolution of authorization set forth on page 366 of the 1966 Acts and Resolutions of the General Assembly of the State of Georgia. From said point of beginning run thence north 01 degrees 45[UNK] east 491.6 feet to an iron stake on the south right-of-way margin of 11th Ave., N. E., in the City of Cairo, thence south 88 degrees 30[UNK] east along the margin of said 11th Ave., N. E. 207.1 feet, thence south 01 degrees 30[UNK] west 148 feet, thence south 88 degrees 30[UNK] west 43.3 feet, thence south 01 degrees 30[UNK] west 343 feet to the northeast corner of lands now owned by Grady County,

Page 521

thence west along the property line of said Grady County lands to the point of beginning, being 165.5 feet, more or less. Said tract of land comprising 2 acres, more or less.; and WHEREAS, the custody and management of the above-described property is in the Department of Agriculture; and WHEREAS, the above-described real property is no longer needed by the State of Georgia and is, therefore, surplus; and WHEREAS, the City of Cairo is desirous of obtaining said tract of land for the purpose of providing improved access to a new retail development. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the real property described herein and that, in all matters relating to the property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the above-described real property should be conveyed by appropriate instrument to the City of Cairo by the State of Georgia, acting by and through the State Properties Commission, for its fair market value and upon such other terms and conditions as the State Properties Commission should determine to be in the best interest of the State of Georgia. Section 3 . That, for the purpose of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. 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 survey and drawings on file in the office of 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 such approval.

Page 522

Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1986. MR. WILLIE LEE BOONECOMPENSATION. No. 65 (House Resolution No. 635). A RESOLUTION Compensating Mr. Willie Lee Boone; and for other purposes. WHEREAS, on August 31, 1981, Mr. Willie Lee Boone, a resident of Ashburn, Georgia, was driving his 1970 Chevrolet Impala on U.S. Highway 41 approximately three-tenths of a mile north of Tifton, Georgia; and WHEREAS, a herd of cows was being driven along the right of way of U.S. Highway 41 by personnel of the University of Georgia Experiment Station; and WHEREAS, Mr. Boone's automobile struck a cow which had proceeded onto the highway; and WHEREAS, Mr. Boone suffered property damage to his automobile totaling $650.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Boone, and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is authorized and directed to pay the sum of $550.00 to Mr. Willie Lee Boone as compensation as provided above. Said sum shall be paid from funds appropriated

Page 523

to or available to said university system and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986. MS. BARBARA ANN ROZIER SAWYERCOMPENSATION. No. 66 (House Resolution No. 643). A RESOLUTION Compensating Ms. Barbara Ann Rozier Sawyer; and for other purposes. WHEREAS, on December 30, 1984, Ms. Barbara Ann Rozier Sawyer parked her 1983 Nissan automobile on the edge of the sod airstrip used by the Georgia Forestry Commission in Townsend, Georgia; and WHEREAS, there are no signs or markers on the property of the airstrip limiting access or parking of vehicles, and persons who have permission to use the airfield may park their vehicles at any location; and WHEREAS, an employee of the Georgia Forestry Commission was taxiing a Cessna 180 aircraft belonging to the commission along the airstrip when the propeller of the plane struck Ms. Sawyer's automobile; and WHEREAS, Ms. Sawyer has suffered loss of personal property totaling $1,478.08; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Sawyer and it is only fitting and proper that she be reimbursed for her loss.

Page 524

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Forestry Commission is authorized and directed to pay the sum of $78.43 to Ms. Barbara Ann Rozier Sawyer as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said commission and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986. MR. PAUL WEBB, D.B.A. KWIK KOPY #206COMPENSATION. No. 67 (House Resolution No. 666). A RESOLUTION Compensating Mr. Paul Webb, d.b.a. Kwik Kopy #206; and for other purposes. WHEREAS, on June 11, 1985, the overflowing of sewers located near 1341 Spring Street, Atlanta, Georgia, caused raw sewage to enter the Kwik Kopy store located at the above address; and WHEREAS, in February, 1985, the Department of Transportation installed a 24 inch storm drain with a 31 inch by 18 inch grate into the 12 inch sewer line which overflowed on June 11, 1985; and WHEREAS, this inadequate drain system caused the overflow which occurred on the specified date; and WHEREAS, Mr. Paul Webb, d.b.a. Kwik Kopy #206, suffered damages to his property totaling $4,343.49; and

Page 525

WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Webb and it is only fitting and proper that Mr. Webb be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $2,171.75 to Mr. Paul Webb as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986. MR. M. C. NETTLESCOMPENSATION. No. 68 (House Resolution No. 689). A RESOLUTION Compensating Mr. M. C. Nettles; and for other purposes. WHEREAS, on September 14, 1985, the vessel Carolina C was traveling south on the Intracoastal Waterway; and WHEREAS, as the vessel approached the drawbridge on U.S. 80, the operator began to raise the bridge to allow the vessel to pass underneath; and WHEREAS, the drawbridge stopped opening when it was approximately half-way open whereupon the vessel was put in reverse to refrain from passing beneath the bridge until it was completely open; and WHEREAS, this action coupled with the spring tide and strong northeast wind caused the vessel to turn towards the east; and

Page 526

WHEREAS, the drawbridge began to open again and the vessel proceeded to pass underneath; and WHEREAS, as the vessel was passing beneath the bridge, the bridge began to close, and in closing, both sections of the drawbridge struck the mast of the vessel; and WHEREAS, Mr. M. C. Nettles has suffered loss of personal property totaling $3,254.61; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. M. C. Nettles and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,627.31 to Mr. M. C. Nettles as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986. TASK FORCE ON FUNDING OF INDIGENT HEALTH CARE PROGRAMSGOVERNOR REQUESTED TO CREATE. No. 69 (House Resolution No. 716). A RESOLUTION Requesting the Governor to create the Task Force on Funding of Indigent Health Care Programs; and for other purposes.

Page 527

WHEREAS, concern has long been expressed that health care should be widely available and not unfairly denied to those in need; and WHEREAS, in Georgia, it is estimated that approximately one-quarter of the population is medically indigent; and WHEREAS, the state recognizes the increasing severity of the problem of indigent health care in Georgia as well as its responsibility in helping to provide health care for the poor; and WHEREAS, the complexity of addressing this problem requires a thorough study of all available options. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor is requested to create by executive order the Task Force on Funding of Indigent Health Care Programs to be composed of: (1) Two members of the House of Representatives appointed by the Speaker of the House of Representatives. One of such members shall be chosen from the membership of the Committee on Health and Ecology; (2) Two members of the Senate appointed by the President of the Senate. One of such members shall be chosen from the membership of the Committee on Human Resources; (3) Five members appointed by the Governor, one to represent each of the following: (A) The Office of the Governor; (B) The Department of Human Resources; (C) The Department of Medical Assistance; (D) The Health Planning Agency; and (E) The business community;

Page 528

(4) Two county commissioners appointed by the Governor; (5) Two representatives of hospitals appointed by the Governor; and (6) A knowledgeable representative of organizations working to improve health care for the medically indigent appointed by the Speaker of the House. The Governor shall appoint the chairman of the task force and the task force shall meet upon the call of the chairman. The membership may elect such other officers as it deems advisable and shall establish such rules as it deems necessary. BE IT FURTHER RESOLVED that the task force shall study the problem of funding health care for the medically indigent and, specifically, shall review House Bill 556 and existing laws and programs with the goal of maximizing federal funds to the state. The task force may hold hearings, conduct investigations, and take any other action necessary or desirable to collect date and obtain information. BE IT FURTHER RESOLVED that the legislative members of the task force shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. The task force shall make a report of its findings and recommendations to the General Assembly and the Governor. Approved March 31, 1986.

Page 529

ENGLISHDESIGNATION AS THE OFFICIAL LANGUAGE OF THE STATE OF GEORGIA. No. 70 (House Resolution No. 717). A RESOLUTION Designating the English language as the official language of the State of Georgia; and for other purposes. WHEREAS, the United State of America has attained hope, strength, and preeminence in world affairs through the unified effort of its diversified peoples; and WHEREAS, continued and lasting unification of those diversified peoples offers the greatest promise of success when it is accomplished with a cultural fabric of one language which is spoken, written, and understood by all; and WHEREAS, the reliance of a society on a single language facilitates the exchange of ideas, feelings, beliefs, and information and facilities the full integration of all of its members; and WHEREAS, the English language is the basic language of commerce, education, and official business in this state; and WHEREAS, it is only fitting and proper that we recognize the continuing, unifying role that the English language plays in the stability and cohesion of the lives of the people of this state and nation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the English language is designated as the official language of the State of Georgia. Approved March 31, 1986.

Page 530

MR. FRANKLIN D. WOODALLCOMPENSATION. No. 71 (House Resolution No. 742). A RESOLUTION Compensating Mr. Franklin D. Woodall; and for other purposes. WHEREAS, during 1984, the Department of Transportation constructed a new exit ramp at Northlake Parkway and I-285 in DeKalb County; and WHEREAS, such construction generated large quantities of clay silt runoff which gravitated to a pinch point culvert located on the property of the Department of Transportation and said culvert subsequently became blocked, resulting in flooding and precipitation of clay silt over the property of Mr. Franklin D. Woodall at 2441 Helmsdale Drive, Atlanta, Georgia; and WHEREAS, said flooding and precipitation of silt destroyed Mr. Woodall's garden and garden machinery and rendered the surrounding property unusable and resulted in property damage in the amount of $3,364.95; and WHEREAS, the loss occurred through no fault or neglect of his own, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $2,839.95 to Mr. Franklin D. Woodall as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986.

Page 531

MR. NORMAN BREENCOMPENSATION. No. 72 (House Resolution No. 743). A RESOLUTION Compensating Mr. Norman Breen; and for other purposes. WHEREAS, during 1984, the Department of Transportation constructed a new exit ramp at Northlake Parkway and 1-285 in DeKalb County; and WHEREAS, such construction generated large quantities of clay silt runoff which gravitated to a pinch point culvert located on the property of the Department of Transportation and said culvert subsequently became blocked, resulting in flooding and precipitation of clay silt over the property of Mr. Norman Breen at 2449 Helmsdale Drive, Atlanta, Georgia; and WHEREAS, said flooding and precipitation of silt destroyed Mr. Breen's garden and rendered the surrounding property unusable and resulted in property damage in the amount of $1,350.00; and WHEREAS, the loss occurred through no fault or neglect of his own, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $1,200.00 to Mr. Norman Breen as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986.

Page 532

SCHLEY COUNTYTRANSFER OF STRUCTURE FROM THE GEORGIA FORESTRY COMMISSION TO THE BOARD OF COMMISSIONERS. No. 73 (House Resolution No. 770). A RESOLUTION Transferring the ownership of a certain structure owned by the Georgia Forestry Commission to the Schley County Board of Commissioners; providing an effective date; repealing conflicting laws; and for other purposes. WHEREAS, a certain structure owned by the Georgia Forestry Commission containing approximately 375 square feet has been declared surplus personal property by the Georgia Forestry Commission which recently completed the construction of a new building for use as the headquarters office for the Schley County Forestry unit at Ellaville, Georgia; and WHEREAS, the board of commissioners of Schley County is desirous of obtaining the old structure for use at the county landfill. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the ownership of the above-described surplus personal property is transferred from the Georgia Forestry Commission to the board of commissioners of Schley County. Section 2 . That the transfer of ownership of the above-described surplus personal property is conditioned upon the board of commissioners of Schley County absorbing the full cost of removing the structure from the Georgia Forestry Commission's property and locating the structure at the site of the county landfill; provided, however, that the ownership of the structure shall revert automatically to the Georgia Forestry Commission if this personal property is not moved by July 1, 1986, or is not utilized for the proposed purpose. Section 3 . That this resolution shall become effective as law upon its approval by the Governor or upon its becoming

Page 533

law without such approval and in accordance with the provisions hereof. Section 4 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1986. COLONEL MANCEL NEWMAN BRIDGE DESIGNATED. No. 74 (House Resolution No. 330). A RESOLUTION Designating the Colonel Mancel Newman Bridge; and for other purposes. WHEREAS, Colonel Mancel Lawson Newman was an outstanding citizen of the City of Powder Springs and Cobb County; and WHEREAS, Colonel Newman gave unselfishly of his time and energy to the children and youth programs in Powder Springs; and WHEREAS, Colonel Newman was the guiding force behind the construction of the Thornton Road extension in Powder Springs; and WHEREAS, Colonel Newman was widely respected and admired for his dedicated involvement in civic, religious, and community affairs; and WHEREAS, it is only fitting and proper that the many contributions of Colonel Newman should be recognized in a tangible fashion.

Page 534

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Highway 6 at Highway 278 in Powder Springs is designated the Colonel Mancel Newman Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Colonel Mancel Newman Bridge. Approved March 31, 1986. PHIL PETERS BUILDING DESIGNATED. No. 75 (House Resolution No. 470). A RESOLUTION Designating the headquarters of the Georgia Bureau of Investigation as the Phil Peters Building; and for other purposes. WHEREAS, the new headquarters for the Georgia Bureau of Investigation was completed in 1984; and WHEREAS, Phil Peters served as director of the Georgia Bureau of Investigation from 1980 until his untimely death in 1985; and WHEREAS, he was instrumental in obtaining approval for construction of the new headquarters and supervised the agency's move into the new facility; and WHEREAS, during his tenure as director, Phil Peters spearheaded the growth and development of the Georgia Bureau of Investigation into a position of national prominence and respect among law enforcement agencies; and

Page 535

WHEREAS, it is only fitting and proper that a person who worked so diligently to safeguard the interests of the people of this state should be recognized and remembered for these contributions. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the headquarters of the Georgia Bureau of Investigation is named and designated the Phil Peters Building in honor of the late director of that agency. BE IT FUTHER RESOLVED that the Georgia Bureau of Investigation is directed to identify with proper and appropriate signs on, in, and around said building the name thereof. Approved March 31, 1986. LOST MOUNTAIN SCENIC HIGHWAY DESIGNATED. No. 76 (House Resolution No. 472). A RESOLUTION Designating a certain highway in Cobb County as the Lost Mountain Scenic Highway; and for other purposes. WHEREAS, Georgia Highway 120 from the line between Cobb and Paulding counties to the square in the City of Marietta is a highway of much natural scenic beauty; and WHEREAS, the highway, known locally as the Dallas Highway, passes by Lost Mountain Store which is one of the most frequently painted scenes in Cobb County; and

Page 536

WHEREAS, the highway separates Cheatham Hill Battlefield from Kennesaw Mountain Battlefield, and trenches visible from the highway give evidence of the fierce battles fought during the War Between the States in the vicinity of the highway; and WHEREAS, the area surrounding the highway still contains numerous farms which recall the agricultural heritage of a now largely urbanized Cobb County; and WHEREAS, the highway and surrounding areas need to retain their scenic and pastoral character. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 120 from the line between Cobb and Paulding counties to the square in the City of Marietta is designated as the Lost Mountain Scenic Highway, but such designation shall not have the effect of changing any street designation of that highway within the corporate limits of the City of Marietta but shall constitute an additional designation to that street designation. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate markers along the above-described portion of Georgia Highway 120 designating it as the Lost Mountain Scenic Highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Commissioner of the Department of Transportation. Approved March 31, 1986.

Page 537

MR. R. GLENN SMITHCOMPENSATION. No. 77 (House Resolution No. 481). A RESOLUTION Compensating Mr. R. Glenn Smith; and for other purposes. WHEREAS, on March 10, 1985, employees of the Rogers Correctional Institution were burning an area of woods on property of the Georgia State Prison in Tattnall County; and WHEREAS, a fire occurred across a dry creek bed from the controlled burning and burned approximately 49 acres of land belonging to Mr. R. Glenn Smith, including 35 acres of newly planted pine trees; and WHEREAS, Mr. Smith has suffered property damage totaling $1,199.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Smith and it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $1,199.00 to Mr. R. Glenn Smith as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved March 31, 1986.

Page 538

PERPETUAL EASEMENT FOR A LIGHTGUIDE CABLE UNDER STATE PROPERTY IN DOUGLAS COUNTY. No. 78 (House Resolution No. 482). A RESOLUTION Granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Douglas 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 the 18th Land District, 2nd Section, of Douglas County, Georgia, which is in the custody of the Department of Natural Resources and utilized as Sweetwater Creek State Park; and WHEREAS, ATT Communications, Inc., desires to install a lightguide cable under a portion of said property; and WHEREAS, this cable under a portion of said property will be beneficial both to the State of Georgia and ATT Communications, Inc. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the hereinafter described real property, herein referred to as the easement 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, may grant to ATT Communications, Inc., its successors and assigns, a perpetual easement for the construction, operation, and maintenance of a lightguide cable under the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a lightguide cable, together with the right of ingress and egress

Page 539

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 18th Land District, 2nd Section, Douglas County, Georgia, and is more particularly described as follows: All or part of that parcel or tract of land measuring approximately 1.7 feet by 16 1/2 feet, containing 27.7 square feet, as shown outlined on a certain plat of survey entitled Plat and Certificate of Survey made for ATT Communications, Inc., of property lying in part of Land Lot 804 - 18th District - 2nd Section - Douglas County, Georgia, prepared by R. A. Hathaway, Georgia Registered Land Surveyor No. 1550, dated December 10, 1985, on file in the office of the State Properties Commission. Section 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, inspecting, and operating an underground communications cable. Section 4 . That ATT Communications, Inc., shall not permit any person except ATT Communications, Inc., employees, contractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That, after ATT Communications, Inc., has constructed and put into use the lightguide cable 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, ATT Communications, Inc., 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 successors and assigns. Section 6 . That the easement granted to ATT Communications, Inc., 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.

Page 540

Section 7 . That the consideration for such easement shall be $1,500.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said lightguide cable. 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 such approval. Section 10 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1986. CONVEYANCE OF THE STATE'S INTEREST IN A 99 YEAR LEASE AGREEMENT OF PROPERTY IN HAMILTON COUNTY, TENNESSEE. No. 79 (House Resolution No. 507). A RESOLUTION Authorizing the conveyance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in 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 Hamilton County, Tennessee, which property was formerly a part of the Western and Atlantic Rail-road

Page 541

now owned by the State of Georgia and which property is currently under the jurisdiction of the State Properties Commission; and WHEREAS, the property is currently being leased to the United States of America for use as an office building until October 31, 2049, pursuant to an Act of the General Assembly of Georgia approved March 28, 1935, as amended by an Act of the General Assembly of Georgia approved February 16, 1950; and WHEREAS, certain parties are interested in obtaining this property for developmental purposes which are supported by the City of Chattanooga; and WHEREAS, said property is described as follows: Beginning at the southeast corner of the intersection of Market and Eleventh Streets; thence with the south line of Eleventh Street in an easterly direction 179.39 feet to a point; thence, turning a deflection angle of 89 degrees 41[UNK] 00[UNK] to the right and leaving the street line, in a southerly direction 53.85 feet to a point; thence, turning a deflection angle of 90 degrees 15[UNK] 50[UNK] to the right, in a westerly direction 153.12 feet (computed) to a point in the east line of Market Street; thence with the east line of Market Street in a northerly direction 60.18 feet to the point of beginning where the south line of Eleventh Street makes a deflection angle of 116 degrees 13[UNK] 20[UNK] to the right from the east line of Market Street, the said parcel containing 0.21 acre, more or less. (Said property will be more particularly described on a plat of survey presented to the State Properties Commission by the approved purchaser for approval.) Being the property acquired by the State of Georgia by deed from B. R. Montgomery, recorded in Book 14, page 107, in the office of the Register of Hamilton County, Tennessee. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 542

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 all of the State of Georgia's interest in the above-described Lease Agreement of the above-described property, by sale for a consideration not less than the fair market value to a purchaser or purchasers upon such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. 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 O.C.G.A. 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, a plat of the property, the conveyance of which is authorized by this resolution, approved by 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 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 31, 1986.

Page 543

SOUTHERN RAILWAY COMPANYMODIFICATION OF LEASE; SELF INSURANCE. No. 80 (House Resolution No. 512). A RESOLUTION To amend a resolution (Res. Act No. 272) providing for the acceptance of a bid of Southern Railway Company for the lease of certain state owned property in Fulton County, Georgia, approved April 7, 1972 (Ga. L. 1972, p. 1276), so as to authorize the State of Georgia, acting by and through the State Properties Commission, to modify or amend the lease agreement with Southern Railway Company in order to permit Southern Railway Company to insure the improvements on such property through a self-insurance plan under such terms and conditions as approved by both parties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of the same that the resolution (Res. Act No. 272) providing for the acceptance of a bid of Southern Railway Company for the lease of certain state owned property in Fulton County, approved April 7, 1972 (Ga. L. 1972, p. 1276), is amended as follows: Section 1 . The State of Georgia, acting by and through the State Properties Commission, is authorized to modify or amend this lease agreement with Southern Railway Company in order to permit Southern Railway Company to insure the improvements on such property through a self-insurance plan under such terms and conditions as approved by both parties. Such amendment or modification of this lease shall be made in compliance with the provisions of Article XIII, Item 75. of said lease. Section 2 . This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1986.

Page 544

PERPETUAL EASEMENT FOR A LIGHTGUIDE CABLE UNDER STATE PROPERTY IN BIBB COUNTY. No. 81 (House Resolution No. 514). A RESOLUTION Granting a perpetual easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Bibb 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 Land Lot 156, 4th Land District of Bibb County, Georgia, which is in the custody of the Department of Agriculture and utilized as Macon Farmers' Market; and WHEREAS, ATT Communications, Inc., desires to extend a lightguide cable line under a portion of said property; and WHEREAS, this lightguide cable under a portion of said property will be beneficial both to the State of Georgia and ATT Communications, Inc. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the hereinafter described real property, herein referred to as the easement 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, may grant to ATT Communications, Inc., its successors and assigns, a perpetual easement for the construction, operation, and maintenance of a lightguide cable under the easement area for the purpose of constructing,

Page 545

erecting, operating, maintaining, repairing, and replacing a lightguide cable, 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 Land Lot 156, 4th Land District of Bibb County, Georgia, and is more particularly described as follows: That portion and that portion only that is shown and delineated in red on a drawing containing approximately.513 acre, a copy of which is on file in the office of the State Properties Commission. Section 3 . That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, inspecting, and operating an underground communications cable. Section 4 . That ATT Communications, Inc., shall not permit any person except ATT Communications, Inc., employees, contractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That ATT Communications, Inc., 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 lightguide cable. Section 6 . That, after ATT Communications, Inc., has constructed and put into use the lightguide cable 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, ATT Communications, Inc., 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 successors and assigns. Section 7 . That no title shall be conveyed to ATT Communications, Inc., and, except as herein specifically granted to

Page 546

ATT Communications, Inc., 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 ATT Communications, Inc. Section 8 . That the easement granted to ATT Communications, Inc., 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 Property 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 9 . That the consideration for such easement shall be $3,000.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said lightguide cable. Section 10 . 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 11 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 12 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1986.

Page 547

CONVEYANCE OF STATE OWNED PROPERTY TO THE PULASKI DEVELOPMENT COMPANY, INC. No. 82 (House Resolution No. 519). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Hawkinsville, Pulaski County, Georgia, to the Pulaski Development Company, Inc.; 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 Hawkinsville, Pulaski County, Georgia; and WHEREAS, said real property is described as: All that tract or parcel of land lying and being in the corporate limits of the City of Hawkinsville, Pulaski County, Georgia, and described according to a plat thereof made by T. L. Ellis, C. E., on March 22, 1950, as follows, to wit: begin at the east intersection of Sixth and Lovejoy Streets, and run thence along the margin of Lovejoy Street south 43 degrees 15[UNK] east six hundred sixteen (616) feet to a stake; thence north 46 degrees 45[UNK] east, seven hundred four (704) feet to a stake; thence south 87 degrees 45[UNK] west along Sixth Street nine hundred thirty (930) feet to the point of beginning, said tract containing 4.98 acres, and being a portion of the same property as that described in a deed recorded in Deed Book 37, page 77, Pulaski County, Georgia, records; and WHEREAS, the State of Georgia currently has transferred the custody and management of the above-described property and improvements thereon to the Department of Defense for use as a Georgia National Guard Armory; and WHEREAS, this property was conveyed to the State of Georgia for the above-mentioned use from Pulaski County on March 22, 1950, for a consideration of $10.00; and

Page 548

WHEREAS, the above-described real property is no longer needed by the State of Georgia and is, therefore, surplus; and WHEREAS, the Pulaski Development Company, Inc., is desirous of obtaining all of the above-described real property for use in promoting industrial development in Pulaski County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey said real property by appropriate instrument to Pulaski Development Company, Inc., for a consideration of $10.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 3 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. 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 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such 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 31, 1986.

Page 549

CONVEYANCE TO THE BROOKS COUNTY BOARD OF COMMISSIONERS. No. 83 (House Resolution No. 572). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Brooks County, Georgia, to the Brooks County Board of Commissioners; 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 Brooks County, Georgia; and WHEREAS, said real property is described as: Part of lot of land No. 345 containing approximately 2.6 acres in the 12th land district of Brooks County, Georgia, more particularly described as follows: Commencing at the southwest corner of the intersection of Johnson Short road with the new Quitman-Madison Highway which is a part of State Route #33 and running thence in a southerly direction along the west side of the Quitman-Madison Highway 100 yards, thence westerly parallel with Johnson Short road 100 yards, thence northerly parallel with the Quitman-Madison Highway 100 yards to the south side of Johnson Short road, thence easterly along the south side of said road to point of beginning, said tract being in the shape of a parallelogram.; and WHEREAS, this property was conveyed to the State of Georgia by Brooks County in November of 1958 for a consideration of $1.00; and WHEREAS, the said real property is no longer needed by the State Forestry Commission or the State of Georgia and is, therefore, surplus; and WHEREAS, the board of commissioners of Brooks County is desirous of obtaining all of the above-described real property to be used as a portion of a proposed county landfill.

Page 550

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described 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 conveyed by appropriate instrument to the board of commissioners of Brooks County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3 . That, for the purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that a conveyance of real property by the State of Georgia 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 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such 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 31, 1986.

Page 551

LOWNDES COUNTYCONVEYANCE OF STATE PROPERTY TO THE BOARD OF COMMISSIONERS. No. 84 (House Resolution No. 586). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Lowndes County, Georgia, to the Lowndes County Board of Commissioners; 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 Lowndes County, Georgia; and WHEREAS, said real property is described as: All that tract or parcel of land situated, lying and being located in Land Lot 197 of the 11th Land District of Lowndes County, Georgia and more particularly described as follows: As a point of reference only begin at the intersection of the centerline of Tower Road (40[UNK] Prescriptive R/W) with the north margin of R/W of Georgia State Route 38 (100[UNK] R/W); thence proceed along the north margin of R/W of Ga. St. Rt. 38 S64 degrees 13[UNK] 20[UNK]W, 613.91[UNK] to an iron pin marking the POINT OF BEGINNING; thence continue along said R/W S64 degrees 13[UNK] 20[UNK]W, 525.90[UNK] to an iron pin located on the west land lot line of Land Lot 197; thence leaving said R/W and running along said Land Lot Line N00 degrees 00[UNK] 55[UNK]W, 396.14[UNK] to an iron pin; thence N64 degrees 13[UNK] 42[UNK]E, 353.82[UNK] to an iron pin; thence S25 degrees 45[UNK] 40[UNK]E, 356.73[UNK] to an iron pin and the POINT OF BEGINNING. Tract of land contains 3.6024 acres.; and being more particularly described as all that property as shown on a plat of survey prepared by Georgia registered land surveyor 2005, Andrew J. Fitzsimons entitled Property Survey for Lowndes County; and WHEREAS, the said real property is no longer needed by the State Forestry Commission or the State of Georgia and is, therefore, surplus; and

Page 552

WHEREAS, the Board of Commissioners of Lowndes County is desirous of obtaining all of the above-described real property to be used for a waste disposal area and roadside park. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described 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 conveyed by appropriate instrument to the Board of Commissioners of Lowndes County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of the State of Georgia. Section 3 . That, for the purposes of compliance with the provisions of paragraph (4) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. 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 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such 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 31, 1986.

Page 553

ACCEPTANCE OF BID OF CHARLES ALLEN FIELDS FOR PURCHASE OF STATE PROPERTY IN FRANKLIN COUNTY. No. 85 (House Resolution No. 587). A RESOLUTION Accepting the bid of Charles Allen Fields for the purchase of real property owned by the State of Georgia and located in Franklin 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 Franklin County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, more particularly described as follows: BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. Highway No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner; thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J. B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat

Page 554

being recorded in Plat Book No. 3, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof; and WHEREAS, custody of the said real property is vested in the State Properties Commission; and WHEREAS, the said real property is no longer useful to or needed by the State of Georgia and is, therefore, surplus; and WHEREAS, under the provisions of subsection (b) of Code Section 50-16-39 of the O.C.G.A., the commission advertised the sale of the said real property through public competitive bidding; and WHEREAS, Charles Allen Fields made a bid thereon in the amount of $72,136.00; and WHEREAS, on December 18, 1985, the commission determined and announced the said bid to be the most advantageous to the State of Georgia; and WHEREAS, as required by subsection (d) of Code Section 50-16-39 of the O.C.G.A., the prospective purchaser has signed four counterparts of the proposed contract of sale; and WHEREAS, an exact copy of the proposed contract of sale and deed is attached to, incorporated in, and by this reference made a part of this resolution; and WHEREAS, the General Assembly has carefully considered the said bid and has determined that it should be accepted. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the said bid and the proposed contract of sale are hereby accepted. Section 2 . That, under the provisions of subsection (g) of Code Section 50-16-39 of the O.C.G.A., the chairman of the commission,

Page 555

in his capacity as Governor of the state, shall execute the contract of sale for and on behalf of and in the name of the state and shall implement a conveyance of the said real property according to the terms of the contract of sale. Section 3 . That the chairman of the commission, in his capacity as Governor of the state, or at his direction the executive director of the commission, is authorized and empowered to execute all documents and to perform all other acts as are reasonably necessary to implement the said 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 O.C.G.A. 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, a copy of the plat referenced in the legal description in the proposed contract of sale attached to this resolution shall constitute an acceptable plat for filing with the Secretary of State. Section 5 . That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. Section 6 . That all laws and parts of laws in conflict with this resolution are repealed. STATE OF GEORGIA, COUNTY OF FULTON: SPC 85-7-042 Contract of Sale This Contract Of Sale, hereinafter referred to as Agreement, is made and entered into by and between the State of Georgia, Party of the First Part, whose business address in c/o Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia, 30334, hereinafter sometimes referred to as Seller, and Charles Allen Fields , Party of the Second Part, whose address is Route 3, Box 15, Royston , Georgia 30662 hereinafter sometimes referred to as Purchaser.

Page 556

WITNESSETH THAT: WHEREAS, the State of Georgia is the owner of certain real property situate in Franklin County, Georgia (hereinafter referred to as the real property), and being more particularly described in EXHIBIT A attached hereto, incorporated in and by reference made a part hereof, and in EXHIBIT A of the form of Quitclaim Deed attached hereto, incorporated in and by reference made a part of this Agreement; and WHEREAS, the State Properties Commission, hereinafter sometimes referred to as the Commission, advertised the sale of the real property through public competitive bidding; and WHEREAS, the Purchaser herein made a Bid thereon, and the Commission, at its meeting on December 18 , 19 85 , determined and announced the said Bid to be the most advantageous to the State of Georgia; and WHEREAS, by a constitutional majority vote in each house, both the House of Representatives and the Senate, in the 1986 Regular Session of the General Assembly of the State of Georgia, have adopted (passed) Resolution Act No.(Resolution No.)(said Resolution), authorizing and directing the execution and implementation of this Agreement by the State of Georgia; and WHEREAS, the Governor of the State of Georgia approved the said Resolution on, 19. NOW, THEREFORE, in consideration of the above-stated premises, and of the mutual and several covenants of the parties hereto, it is agreed as follows: 1. Conveyance Of Title Of Real Property Seller agrees to convey to Purchaser title to the real property by a deed essentially in the form and content of the attached form of Quitclaim Deed within seventy (70) calendar days after the date of execution of this Agreement by Purchaser. Purchaser agrees that it will accept delivery of said Quitclaim Deed tendered by Seller and will simultaneously pay to Seller the purchase

Page 557

price as set forth in the paragraph numbered 2 below within ten (10) calendar days (which 10 calendar days are within the aforesaid 70 calendar days) after written notice from Seller of Seller's readiness to tender delivery of the Quitclaim Deed to Purchaser. 2. Payment Of Purchase Price Purchaser agrees to pay to Seller for the real property the purchase price of Seventy-Two Thousand One Hundred Thirty-Six and 00/100 Dollars ($ 72,136.00 ), to be paid in cash or by certified or cashier's check (drawn on a United States National Bank or a State (of Georgia) chartered Bank and made payable to the order of the State of Georgia) at the time of the tender of delivery by Seller to Purchaser of the Quitclaim Deed. The Purchaser has submitted to the Seller, receipt and acceptance whereof are hereby acknowledged by Seller, a certified or cashier's check in the amount of Fourteen Thousand Four Hundred Twenty-Seven and Twenty One-hundreds Dollars ($ 14,427.20 ), which was submitted along with the Bid of Purchaser. It is hereby agreed by and between the parties hereto that the aforesaid submitted sum is to be applied as part payment of the purchase price of the real property at the consummation of this sale; and if the sale is not consummated due to Purchaser's default then and in that event, Seller shall retain the aforesaid submitted sum and shall apply it as fixed and liquidated damages caused by the Purchaser's default. In the event the sale in not consummated for reason(s) other than the default of Purchaser, the aforesaid submitted sum shall be returned to the Purchaser. 3. Entry Upon Premises Seller hereby gives to Purchaser and his agents and representatives the right to enter upon the real property at any time for purposes of making appraisals, soil tests, borings, surveys and inspections. Purchaser will indemnify and hold Seller harmless from any loss or liability resulting therefrom. 4. Examination Of Title By Purchaser Purchaser shall have sixty (60) calendar days, commencing on the day following the date of service of written notice from

Page 558

the Commission of its acceptance of his Bid, within which to examine the title to the real property and to determine whether the State of Georgia is vested with marketable title thereto, with the right to convey the same free and clear of: 1. any and all past due property taxes, if any, which are applicable to the real property and which are legally enforceable against the Seller; and 2. legally valid, eligible to record and enforceable, against the Seller, liens, encumbrances, encroachments, and past due special assessments, any of the foregoing (1. or 2.) of which may be deemed by the Purchaser to constitute a defect in the marketability of the title. If there be no such defects, Purchaser shall forthwith notify in writing the Seller that there are no such defects and that the Purchaser accepts the title of the Seller. If there are any defects, Purchaser shall mail to the Seller, within the said sixty (60) calendar days, a dated and originally signed copy of an examining attorney's certificate of title or a dated and originally signed copy of an interim title insurance commitment, rendered by a responsible title insurance company, specifying in detail any such defects in the marketability of the title. After receipt of said attorney's certificate of title or interim title insurance commitment, Seller shall exercise good faith and due diligence to correct any such defects prior to the expiration of the time (90 calendar days after the date of execution of this agreement by Purchaser) within which the purchase price must be paid by the Purchaser to the Seller. If the Seller shall not correct such defects in a timely manner and the Purchaser shall not elect by notice in writing to the Seller to waive the same, the Purchaser shall have the option of terminating this Agreement by giving notice of his election so to do in writing to the Seller. Under the foregoing circumstances (Seller not timely correcting any such defects in the title) it is hereby agreed by and between the Seller and the Purchaser, as a further part of the consideration of bidding on and purchasing of the said real property, that a suit for damages or specific performance will not lie or be brought against the Seller by the Purchaser nor shall the Purchaser be entitled to a reduction in the purchase price of the real property. However, nothing herein contained shall be construed to require the Purchaser to accept other than a marketable title, free and clear of any such aforesaid defects in title. Marketability of title will be determined in accordance with the State Bar of Georgia Title Standards.

Page 559

5. Taxes And Assessments The duty and liability to pay all taxes, special assessments, if any, for the year in which this sale is consummated, outstanding liabilities to public utilities, or any other outstanding liability on the public records of Franklin County, Georgia, which are or may become liens on the real property shall be assumed by Purchaser. 6. Risk Of Loss Prior to delivery of the Quitclaim Deed, the risk of damage to the real property by fire or other casualty is hereby expressly assumed by Seller. Should the said real property be damaged by fire or other casualty prior to delivery of the Quitclaim Deed, then at the election of Purchaser: (a) this Agreement may be terminated; or (b) Purchaser may elect to consummate this sale and receive as credit toward the purchase price, a sum equal in amount to any proceeds of insurance as may be paid to Seller on a claim for the loss or may be allocated by Seller in payment for the loss under Seller's selfinsurance program. Such election shall be exercised by Purchaser's giving notice to Seller thereof within ten (10) calendar days after the amount of Seller's damage is determined. The risk of damage to the real property by fire or other casualty after delivery of the Quitclaim Deed is hereby expressly assumed by Purchaser. 7. Fire And Casualty Insurance Prior to delivery of the Quitclaim Deed, Seller, free of expense to Purchaser, shall keep the real property insured to the full insurable value thereof against damage by fire or other casualties with a reputable insurance company or companies, or insured by Seller's insurance program, and shall diligently pursue the collection of any insurance proceeds due for losses thereunder accruing prior to delivery of the Quitclaim Deed.

Page 560

8. Condemnation If, prior to the consummation of this sale, a suit or declaration of taking for the condemnation of the real property or any part thereof shall be filed in a court of competent jurisdiction, or if the real property or any part thereof is otherwise acquired for public purposes or if access to the real property shall be restricted or denied as a result of the filing of a suit in eminent domain, Purchaser shall have the option of terminating this Agreement by giving notice to Seller of his election so to do within ten (10) calendar days of written notice by Seller to Purchaser of such an event. If Purchaser elects not to terminate this Agreement, the purchase price set forth in the paragraph numbered 2 above shall not be reduced or diminished and any award or compensation paid to Seller prior to consummation of this sale shall be and remain the sole property of Seller. 9. Notices All notices to be given hereunder shall be in writing and shall be given by depositing the notice in Certified Mail - Return Receipt Requested, postage prepaid in an envelope addressed to the party to be notified at such party's address as herein set forth. The Sender of said written notice shall request the United States Postal Service to Show to whom, date and address of delivery of said written notice. The day upon which such notice is so mailed shall be treated as the date of service. 10. Continuity All of the terms, conditions, provisions and stipulations contained in this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. 11. Exclusive Agreement This Agreement represents the complete and exclusive agreement between the parties hereto. IN WITNESS WHEREOF, Purchaser has caused this Agreement to be executed this 12th day of December , 19 85 .

Page 561

INDIVIDUAL(S)

Page 562

Legal Description All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, More particularly described as follows:

Page 563

BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. Highway No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J. B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat being recorded in Plat Book No. 3, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof. EXHIBIT A STATE OF GEORGIA, COUNTY OF FULTON: SPC 85-7-042 QUITCLAIM DEED THIS QUITCLAIM DEED is made and entered into this day of, 19, by and between the STATE OF GEORGIA, whose address is c/o Executive Director, State Properties Commission, Post Office Box 38121, Capitol Hill Station, Atlanta, Georgia 30334, Party of the First Part, hereinafter sometimes referred to as Grantor, and Charles Allen Fields , whose address is Route 3, Box 15, Royston, Georgia 30662 , Party of the Second Part, hereinafter referred to as Grantee. WITNESSETH THAT : WHEREAS, the State of Georgia is the owner of certain real property situate in Franklin County, Georgia (hereafter referred to as the real property), being more particularly described in EXHIBIT A attached hereto, incorporated herein and by this reference made a part hereof; and WHEREAS, The State Properties Commission, hereinafter sometimes referred to as the Commission, advertised the sale of the real property through public competitive bidding; and

Page 564

WHEREAS, the Grantee herein made a Bid thereon, and the Commission, at its meeting on December 18, 1985 , determined and announced the said Bid to be the most advantageous to the State of Georgia; and WHEREAS, by a constitutional majority vote in each house, both the House of Representatives and the Senate, in the 1986 Regular Session of the General Assembly of the State of Georgia, have adopted (passed), Resolution Act No.(Resolution No. ) (said Resolution), authorizing and directing the conveyance of the real property to the Grantee herein; and WHEREAS, the General Assembly declared in said Resolution that custody of said real property is vested in the Commission; and WHEREAS, the General Assembly declared further in said Resolution that the said real property is no longer useful to or needed by the State of Georgia and is therefore surplus; and WHEREAS, the Governor of the State of Georgia approved the said Resolution on, 19. NOW, THEREFORE, the Grantor, for and in consideration of the sum of SEVENTY TWO THOUSAND ONE HUNDRED THIRTY SIX and 00/100 DOLLARS ($ 72,136.00 ) in hand paid, the mutual and several covenants contained herein, receipt and sufficiency whereof are hereby acknowledged, has remised, conveyed and forever QUITCLAIMED, and by these presents does remise, convey and forever QUITCLAIM unto the Grantee all the right, title, interest, claim or demand which the Grantor has or may have had in and to all that tract or parcel of land more particularly described in EXHIBIT A attached hereto and by reference incorporated herein and made a part hereof. It is agreed by and between the parties hereto that as a part of the consideration the real property is conveyed by the Grantor subject to all easements, deeds of conveyance, existing tax liabilities, existing special assessments, grants of right or privilege, or any other use whether visible or not which might be revealed by an inspection and investigation of the real property hereby conveyed or of the laws of the State of Georgia or

Page 565

of the records of the public utility companies doing business in Franklin County, Georgia or of the public records of Franklin County, Georgia. TO HAVE AND TO HOLD the said described real property to the Grantee, so that neither the Grantor nor any person or persons claiming under the Grantor shall at any time, by any means or ways, have, claim or demand any right or title to said real property or appurtenances, or any rights thereof. IN WITNESS WHEREOF, the Grantor has caused these presents to be signed, sealed and delivered by the Chairman of the Commission, in his capacity as Governor of the State of Georgia, for and on behalf of and in the name of the State of Georgia, the same being attested to by the Secretary of the Commission in his capacity as Secretary of State of the State of Georgia, who have hereunto affixed the Great Seal of the State of Georgia on the day, month and year first above written.

Page 566

Legal Description All that tract or parcel of land lying and being in 370th District, G. M. of Franklin County, Georgia, containing 0.7548 acre, bounded on the north by right-of-way of U.S. Highway No. 29, running between Royston, Georgia, and Athens, Georgia; on the east by lands now or formerly of Joe Bryant; on the south by lands now or formerly of Martin Neal; and on the west by lands now or formerly of Martin Neal, More particularly described as follows: BEGINNING at an iron pin corner on the south side of the right-of-way of U. S. Highway No. 29 where property herein described corners with property now or formerly of Joe Bryant and running thence with property now or formerly of Joe Bryant south 10 degrees 15 minutes west a distance of 312 feet to an iron pin corner; thence running with property now or formerly of Martin Neal south 87 degrees west a distance of 102.72 feet to an iron pin corner; thence continuing with property now or formerly of Martin Neal north 10 degrees 15 minutes east a distance of 345.7 feet to an iron pin corner on the south side of the right-of-way of U. S. Highway 29 south 73 degrees 58 minutes east a distance of 100.5 feet to the point of beginning. The above described property is fully described by a plat of survey prepared by J.B. Stephenson, County Surveyor, Franklin County, Georgia, on November 13, 1962, a copy of said plat being recorded in Plat Book No. 3, page 279, records of Franklin County, Georgia, and said plat and the record thereof are by reference incorporated herein as a part hereof. EXHIBIT A Approved March 31, 1986.

Page 567

BRANTLEY COUNTYCONVEYANCE OF STATE OWNED REAL PROPERTY TO THE COUNTY. No. 89 (House Resolution No. 585). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey certain state owned real property located in Brantley County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located within Brantley County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land, situate, located and being in Land Lot No. 128 in the 9th Land District of Brantley County, Georgia, being 55.04 acres, more or less, and being more particularly described as follows: Beginning at the point where the centerline of the SCL Railroad tracks from Waycross to Brunswick intersects the centerline of that certain Brantley County paved road known as County Road No. 15, and thence N 08 degrees 54[UNK] 00[UNK] W a distance of 97.72 feet to a point; thence, N 79 degrees 40[UNK] 50[UNK] E a distance of 40.02 feet to a point; thence, N 79 degrees 40[UNK] 50[UNK] E a distance of 260.03 feet to a point; thence, N 68 degrees 30[UNK] 00[UNK] E a distance of 390.0 feet to a point, this point being the point or place of beginning of the herein conveyed property; thence, N 13 degrees 15[UNK] 00[UNK] W a distance of 701.15 feet to a point; thence, S 73 degrees 10[UNK] 00[UNK] W a distance of 647.09 feet to a point; thence, N 17 degrees 13[UNK] 50[UNK] W a distance of 304.91 feet to a point; thence, N 61 degrees 23[UNK] 03[UNK] E a distance of 2452.76 feet to a point; thence, S 06 degrees 09[UNK] 26[UNK] E a distance of 275.29 feet to a point; thence, S 07 degrees 17[UNK] 36[UNK] E a distance of 442.26 feet to a point; thence, S 00 degrees 30[UNK] 41[UNK] E a distance of 183.67 feet to a point; thence, S 12 degrees 11[UNK] 06[UNK] E a distance of 160.31 feet to a point; thence, S 05 degrees 13[UNK] 46[UNK] E a distance of 390.62 feet to a point; thence, S 34 degrees 53[UNK] 42[UNK] W

Page 568

a distance of 201.01 feet to a point; thence, S 75 degrees 01[UNK] 09[UNK] W a distance of 1371.18 feet to a point, this point being the point or place of beginning of the tract herein conveyed. For a more complete description of the tract herein conveyed, reference is hereby made to that certain plat prepared on August 4, 1985, by Harry Strickland, Brantley County Surveyor, entitled Survey for Brantley County, which plat is on file with the State Properties Commission; and WHEREAS, the State of Georgia purchased the above-described property in 1955 from the United States of America for $1.00; and WHEREAS, the said real property is no longer needed by the State Forestry Commission or the State of Georgia and is, therefore, surplus; and WHEREAS, the Board of Commissioners of Brantley County is desirous of obtaining all of the above-described real property to be used for the development of an industrial tract. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the 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 a resolution be passed and enacted by the Congress of the United States releasing the 55.04 acres from the provisions of a reverter clause in the state's deed which only allows the land to be used for public purposes. Section 4 . That the above-described real property shall be sold and conveyed by appropriate instrument to Brantley County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such further conditions and provisions as directed by the State Properties Commission.

Page 569

Section 5 . That, for purposes of compliance with the provisions of paragraph (4) of subsection (b) of O.C.G.A. Section 50-16-122 requiring that a conveyance of real property by the state be filed with the Secretary of State and accompanied by a plat of the property conveyed, the plat of the said real property referenced above shall constitute an acceptable plat for filing with the Secretary of State. Section 6 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 1, 1986. GEORGIA ENVIRONMENTAL FACILITIES AUTHORITYCREATION. Code Title 50, Chapter 23 Enacted. No. 1428 (House Bill No. 1142). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Environmental Facilities Authority; to provide for legislative intent; to provide for the purpose of the authority; to enable the authority to utilize development capital assistance programs of the United States government and in support of this program to assist local governments in meeting their environmental facility needs; to assist local governments so as to benefit the economy of the local government and of the state; to provide definitions; to provide for the membership, appointment, and terms of members of the authority; to provide for the powers of the authority; to provide for the issuance of revenue bonds, bonds, notes, obligations, and evidences of indebtedness by the authority; to provide

Page 570

for certain of the terms which may be contained in instruments executed by the authority and for limitations and procedures in connection therewith; to provide that bonds, revenue bonds, notes, and other obligations issued by the authority shall not constitute indebtedness of the State of Georgia; to provide that the state may guarantee the payment of bonds, revenue bonds, notes, or other obligations of the authority; to provide that the proceeds of general obligation bonds of the state may be used to improve authority property; to provide that property of the authority shall be tax-exempt; to provide for the venue of legal actions brought against the authority; to provide that certain funds shall be withheld from local governments upon the happening of certain events; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 23 to read as follows: CHAPTER 23 50-23-1. This chapter may be cited as the `Georgia Environmental Facilities Authority Act.' 50-23-2. (a) It is found and declared that the availability of adequate environmental facilities is an important element in the ability of a community to provide for the continuing economic growth and development that provide jobs for the state's citizens. It is also recognized that many communities lack the financial resources to provide for the needed facilities that both protect the environment and provide for such future economic expansion. Financial assistance is an important aid for the local governments in meeting these needs and it is declared in the public interest and for the public benefit and good and is so desired as a matter of legislative intent. (b) It is the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities to assist

Page 571

local governments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments. (c) The authority shall receive all assets of the Georgia Development Authority except those assets received under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds or assets derived from such funds or assets. The authority shall be responsible for any contracts, leases, agreements, or other obligations entered into regarding the environmental facilities projects of the Georgia Development Authority prior to the creation of the Georgia Environmental Facilities Authority and the Georgia Environmental Facilities Authority is substituted as party to any such contract, agreement, lease, or other obligation and shall be responsible for performance thereon as if it had been the original party and shall be entitled to all benefits and rights of enforcement by any other parties to such contracts, agreements, leases, or other obligations. 50-23-3. (a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities 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 11 members: the commissioner of community affairs, ex officio; the state auditor, ex officio; the commissioner of industry and trade, ex officio; and eight members to be appointed by the Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be from the public at large. Any municipal or county official shall serve only so long as he remains in office as a municipal or county official. The Governor shall appoint one municipal official, one county official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the authority to serve until July 1, 1990. After the 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

Page 572

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 composition 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 from 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) The authority is assigned to the Department of Community Affairs for administrative purposes only. 50-23-4. As used in this chapter, the term: (1) `Authority' means the Georgia Environmental Facilities Authority. (2) `Bond' includes revenue bond, bond, note, or other obligation. (3) `Cost of project' or `cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, or rehabilitation incurred in connection with any project or any part of any project;

Page 573

(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including but not limited to, the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, connections for utility services; fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; (C) All financing charges, bond insurance, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, including bond insurance; (G) All fees of any type charged by the authority in connection with any project;

Page 574

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

Page 575

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

Page 576

to any current or potential loan recipient in, but not limited to, the areas of service charge structure; accounting, capital improvements budgeting or financing; financial reporting, treasury management, debt structure or administration or related fields of financial management; contract or grant administration; management of water or sewer systems; and economic development administration or strategies. Management services may be furnished either directly, on-site, or through other written or oral means of communication and may consist of reports, studies, presentations, or other analyses of a written or oral nature. (9) `May' means permission and not command. (10) `Municipal corporation' or `municipality' means any city or town in this state. (11) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (12) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (13) `Revenue bond' includes bond, note, or other obligation.

Page 577

(14) `Self-liquidating project' means any project or combination of projects if, in the judgment of the authority, the revenues, rents, or earnings to be derived by the authority therefrom will be sufficient to pay the cost of maintaining, repairing, and operating the project and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. (15) `Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining `environmental facilities.' (16) `Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining `environmental facilities.' 50-23-5. (a) The corporate purpose and the general nature of the business of the Georgia Environmental Facilities Authority shall be assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities necessary for public purpose and commercial, residential, and industrial development purposes or necessary or incidental to such purposes by providing grants, loans, bonds, and other forms of financial and technical assistance to local governments to finance any project or pay the cost of any project. (b) The authority shall have power: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the

Page 578

authority, or by the state or any state authority; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To appoint an executive director who shall be executive officer and administrative head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (6) To finance projects by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments to finance projects and to pay the cost of any project by local government and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue

Page 579

bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;

Page 580

(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located

Page 581

within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools. (12) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state

Page 582

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

Page 583

any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or

Page 584

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

Page 585

(26) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter; (28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers; and (29) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as selfinsurer against any and all such losses. (e) The authority shall not have the power of eminent domain. 50-23-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such sewerage facility, including the principal

Page 586

of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are

Page 587

authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-23-7. (a) For the purposes of this chapter, the term `lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government

Page 588

shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payabel under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and

Page 589

(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds, as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-23-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds

Page 590

whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may

Page 591

be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority

Page 592

may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition

Page 593

of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office.

Page 594

(7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia

Page 595

law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest

Page 596

rate specified in such notices and in the petition and complaint. 50-23-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this chapter, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division for existing statutory reviews and approvals. 50-23-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized. 50-23-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided.

Page 597

The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-23-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter. 50-23-13. The provisions of this chapter shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1 of Title 10, known as the `Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-23-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-23-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate

Page 598

purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by authority. 50-23-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-23-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-23-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter. 50-23-19. Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent

Page 599

fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceeding the year in which any such bond or revenue bond is to be issued. 50-23-20. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 600

PUBLIC OFFICIALSSUSPENSION FROM OFFICE UPON INDICTMENT FOR CERTAIN FELONIES; VACANCIES; COMPENSATION. Code Section 45-5-6 Amended. Code Section 45-5-6.1 Enacted. No. 1429 (House Bill No. 1287). AN ACT To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to the vacation of office of certain public officials, so as to provide that suspension procedures shall be initiated upon indictment by the United States for certain felonies; to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction; to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld; to provide a definition; to provide that after the initial conviction of a public official for any felony in a trial court of this state or the United States, regardless of whether the public official has been previously suspended, such public official shall be immediately and without further action suspended from office; to provide that such public official shall not be entitled to receive any compensation during such suspension; to provide that if such conviction is overturned the public official shall be reinstated and shall receive any compensation withheld; to provide for a replacement official and the filling of a vacancy; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to the vacation of office of certain public officials, is amended by striking subsection (b) of Code Section 45-5-6, relating to the suspension from office of certain public officials, and inserting in lieu thereof a new subsection (b) to read as follows:

Page 601

(b) Upon indictment for a felony by a grand jury of this state or by the United States, 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 who shall, subject to subsection (e) of this Code section, appoint a review commission. Except as 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. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 45-5-6, relating to the suspension from office of certain public officials, and inserting in lieu thereof a new subsection (c) to read as follows: (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

Page 602

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 initial conviction by the trial court, the public official shall continue to receive the compensation from his office. After initial conviction by the trial court, the public official shall not be entitled to receive the compensation from his office. If the public official is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this Code section. Section 3 . Said chapter is further amended by adding between Code Section 45-5-6 and Code Section 45-5-7 a new Code Section 45-5-6.1 to read as follows: 45-5-6.1. (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 initial conviction of any public official for any felony in a trial court of this state or the United States, regardless of whether the public official has been suspended previously under Code Section 45-5-6, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Code section, he shall not be entitled to receive the compensation from his office. If 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 and shall be entitled to receive any compensation withheld under the provisions of this Code section.

Page 603

(c) (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 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. (d) The provisions of this Code section shall not apply to any conviction rendered prior to January 1, 1987. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 604

SHERIFFS' RETIREMENT FUND OF GEORGIAFEES IN STATE COURTS AND MAGISTRATE COURTS; RETIREMENT BENEFITS; PARTIAL YEAR'S SERVICE. Code Sections 47-16-61 and 47-16-101 Amended. No. 1430 (House Bill No. 318). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to provide for a certain payment to the fund from fees collected in civil actions filed in certain state courts and magistrate courts; to provide for retirement benefits to be paid for service of less than one year in certain instances; to provide for other matters relative to the foregoing; to provide for an increase in retirement benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking Code Section 47-16-61, relating to payments to the fund from fees collected in civil actions, and inserting in lieu thereof a new Code Section 47-16-61 to read as follows: 47-16-61. (a) In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts. The clerks of the superior courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of the superior courts to keep accurate records of the amounts due the board

Page 605

under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. (b) In addition to all other legal costs, the sum of 50 shall be charged and collected in each civil action, case, or proceeding, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representative for leave to sell or invest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the state courts and magistrate courts of this state in which the sheriff of the superior court also fulfills the function as sheriff of such inferior court. The clerks of such state courts and magistrate courts shall collect such fees, and the fees so collected shall be remitted to the board quarterly or at such other time as the board may provide. It shall be the duty of the clerks of such state courts and magistrate courts to keep accurate records of the amounts due the board under this subsection, and such records may be audited by the board at any time. The sums remitted to the board under this subsection shall be used only for the purposes provided for in this chapter. Section 2 . Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 47-16-101, relating to retirement benefit options, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Option One shall be known as a `single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $150.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $150.00 per month, plus $37.50 per month for each additional year of service so credited to the member and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited

Page 606

to the member; provided, that in no case shall such benefits exceed $937.50 per month;. Section 3 . This Act shall become effective July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. SHERIFFSSUSPENSION FOR FAILURE TO COMPLETE MINIMUM ANNUAL IN-SERVICE TRAINING. Code Section 15-16-1 Amended. No. 1431 (House Bill No. 344). AN ACT To amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to authorize the suspension of any sheriff who fails to complete the required minimum annual in-service training; to provide for the assumption of sheriff's duties in case of suspension; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, is amended by striking in its entirety paragraph (4) of subsection (f) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Any person who fails to complete the minimum annual in-service training required under this Code section

Page 607

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. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. SHERIFFS' RETIREMENT FUND OF GEORGIADEATH BENEFITS. Code Section 47-16-102 Amended. No. 1432 (House Bill No. 828). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to clarify the provisions regarding death benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund

Page 608

of Georgia, is amended by striking paragraphs (2) and (4) of Code Section 47-16-102, relating to death benefits, and inserting in lieu thereof new paragraphs (2) and (4) to read as follows: (2) In addition to the death benefits provided in paragraph (1) of this Code section, upon the death of any inactive member who would otherwise qualify to be carried upon the active membership rolls but for the fact that he no longer holds the office of sheriff, any member who is receiving retirement benefits, or any member who is otherwise qualified to receive retirement benefits from this fund except that he has not reached the age of 55 years or has not filed an application or has not been approved for retirement benefits, the sum of $3,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to his named beneficiary, if any, or to his estate, in that order. Upon the death of any active member, the sum of $5,000.00 shall be paid as additional death benefits to the surviving spouse of such member, if any, to his named beneficiary, if any, or to his estate, in that order; (4) Upon the death of an active member before or after the retirement of such member, the surviving spouse of such member shall receive death benefits in the form of an annuity for the life of such spouse, such annuity to be determined and paid under paragraph (2) of subsection (a), subsection (b), and subsection (c) of Code Section 47-16-101 to the same extent as if such member had died while receiving retirement benefits under Option Two; and in the case of the death of an active member who is not already receiving retirement benefits, such annuity shall be determined and based upon the period of creditable service which such member has at the time of his death. Such benefit shall be in addition to benefits under paragraph (2) of this Code section, and in lieu of benefits under paragraph (1) of this Code section. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 609

PEACE OFFICERS' ANNUITY AND BENEFIT FUNDRETIREMENT AND DISABILITY BENEFITS. Code Sections 47-17-80 and 47-17-81 Amended. No. 1433 (House Bill No. 365). AN ACT To amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement and disability benefits; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsections (b) and (h) of Code Section 47-17-80, relating to retirement benefits, in their entirety and substituting in lieu thereof new subsections (b) and (h), respectively, to read as follows: (b) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $13.00 per month for each full year of creditable service, provided that the member either has at least 20 years of creditable service and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year of creditable service up to a maximum of 30 years of total service. No member shall be eligible for benefits under this option until the member's official duties as a peace officer have been terminated, except as otherwise provided in this chapter, and unless the member files an application for retirement benefits within 90 days from the date of the

Page 610

termination of the member's official duties as a peace officer, unless prevented therefrom for good cause. If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which the member has received service credit, dues shall be deducted from the member's monthly benefit check until such dues have been paid in full. Any member who has at least 20 years of creditable service for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if the member's employment as a peace officer is terminated; and upon reaching 55 years of age the member may be eligible to receive retirement benefits under this option. (h) The amounts provided for as retirement benefits in this Code section shall apply to those members who have retired prior to July 1, 1986, as well as to those members who retire on or after that date. The service of each member who retired prior to July 1, 1986, shall be recomputed; and, if it is determined that the amounts provided for in this Code section result in an increase in the retirement benefits being paid to such member, such benefits shall be increased to the proper amount and shall be paid to the member in the future, beginning July 1, 1986. If it is determined that an increase in retirement benefits will result for any such retired member, and such retired member shall not have completed payment of dues for all service credit previously allowed as of the date of such member's retirement, monthly dues shall be deducted from the member's monthly retirement benefits until such time as said dues shall have been paid for each month of service for which retirement credit has been received; provided, however, that no such member shall be allowed to change the option under which the member originally retired unless the member shall again become employed as a peace officer as provided in subsection (g) of this Code section and complies with all the provisions of subsection (g) of this Code section. Section 2 . Said article is further amended by striking subsections (a), (c), and (d) of Code Section 47-17-81, relating to disability benefits, in their entirety and substituting in lieu thereof new subsections (a), (c), and (d), respectively, to read as follows:

Page 611

(a) Any dues-paying member who is rendered totally and permanently disabled by disease or injury so as to be unable to perform substantially all of the duties of the position to which the member was regularly assigned when the disability originated or so as to be unable to engage in any occupation or gainful employment for which the member is reasonably suited by virtue of the member's background, training, education, and experience shall be entitled to disability benefits of $190.00 per month for life or until the member's disability ceases, provided that the member makes application to the board for disability benefits within 12 months of becoming totally and permanently disabled. (c) Any other provision of law to the contrary notwithstanding, any member who is receiving disability benefits pursuant to this Code section on June 30, 1986, and who had at least 20 years of creditable service at the time such member first became eligible for such disability benefits shall receive the same benefits as a member who retires at age 55 or older with 20 years of creditable service under the provisions of Code Section 47-17-80. For each year of service above 20 years but not more than 30 years which such member had when first becoming eligible to receive disability benefits, the benefits shall be the same as those provided for the same number of years of creditable service under the provisions of Code Section 47-17-80. The benefits of such members who are receiving disability benefits pursuant to this Code section on June 30, 1986, shall be recomputed and the increased benefits shall be paid to such members beginning July 1, 1986. Any member who first becomes eligible to receive disability benefits on or after July 1, 1986, who has the required years of creditable service as provided in this subsection shall have disability benefits computed and paid in the same manner as provided in this subsection. (d) The amount of disability benefits in this Code section shall apply to those members who have retired on disability prior to July 1, 1986, as well as to those members who retire on disability on or after that date. The service of each such member who retired prior to July 1, 1986, shall be recomputed, and the benefits provided under this Code section shall be paid to such member in the future beginning July 1, 1986.

Page 612

Section 3 . This Act shall become effective July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. WATERCRAFTBOATING, SKIING, SURFBOARDING, ETC. UNDER THE INFLUENCE OF ALCOHOL OR DRUGS PROHIBITED; CHEMICAL TESTS; EVIDENCE; BLOOD TESTS ON PERSONS KILLED IN BOATING ACCIDENTS; PENALTIES. Code Section 52-7-12 Amended. No. 1434 (Senate Bill No. 316). AN ACT To amend Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, so as to prohibit the operation of any vessel and the manipulation or use of any moving water skis, moving aquaplane, moving surfboard, or similar moving device by any person whose ability is impaired by alcohol or drugs; to specify the level of alcohol at which a person shall be considered under the influence; to require vessel operators suspected of being under the influence of alcohol or drugs to submit to chemical tests for the purpose of determining their alcoholic or drug content; to provide that the refusal to submit to chemical tests shall constitute a violation of these provisions; to provide for the admission of certain facts into evidence; to provide that the investigating coroner or medical examiner require a chemical blood test be performed on persons killed in boating accidents so as to determine the presence of alcohol or drugs; to prohibit the use of skis and other water devices in a reckless or negligent manner; to prohibit boat owners from knowingly allowing or authorizing

Page 613

the use of their boat by any person who is under the influence of alcohol or drugs; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards in a reckless or negligent manner or while under the influence of alcohol or narcotic drugs, which reads as follows: 52-7-12. (a) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. (b) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device while under the influence of alcohol, any narcotic drug or barbiturate, marijuana, or any other hallucinogenic or dangerous drug., and substituting in lieu thereof a new Code Section 52-7-12 to read as follows: 52-7-12. (a) No person shall operate, navigate, steer, or drive any vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while: (1) Under the influence of alcohol; (2) Under the influence of any drug to a degree which renders him incapable of operating safely; (3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of operating safely; or (4) There is 0.12 percent or more by weight of alcohol in his blood.

Page 614

(b) The fact that any person charged with violating this Code section is or has been otherwise entitled to use a drug shall not constitute a defense against any charge of violating this Code section. (c) Upon trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a vessel while under the influence of alcohol or drugs, evidence of the amount of alcohol or drug in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substances shall be admissible. Where such chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo a chemical test at the request of a law enforcement officer under subsection (e) of this Code section, only a physician, registered nurse, laboratory technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, laboratory technician, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer;

Page 615

(3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; (4) Upon request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. The arresting officer at the time of arrest shall advise the person arrested of his rights to a chemical test or tests according to this Code section; (5) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating or in actual physical control of a moving vessel while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol; (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with

Page 616

other competent evidence in determining whether the person was under the influence of alcohol; (3) If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol; and (4) If there was at that time 0.12 percent or more by weight of alcohol in the person's blood, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 52-7-12. (e) The State of Georgia considers that persons who are under the influence of alcohol or drugs while operating a vessel on the waters of this state constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a vessel upon the waters of this state shall be deemed to have given consent, subject to subsections (c) and (d) of this Code section, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating or in physical control of a vessel while under the influence of alcohol or any drug. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a vessel upon the waters of this state while under the influence of alcohol or any drug. Subject to subsections (c) and (d) of this Code section, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered. (f) Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (e) of this Code section, and the test or tests may be administered subject to subsections (c) and (d) of this Code section.

Page 617

(g) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (e) of this Code section, no test shall be given; however, such refusal shall be admissible in evidence. (h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine blood alcohol concentration (BAC) or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in their report. (i) No person shall operate any vessel or manipulate any water skis, aquaplane, surfboard, or similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person. (j) It shall be unlawful for the owner of any vessel knowingly to allow or authorize any person to operate such vessel or to manipulate any water skis, aquaplane, surfboard, or similar device being towed by such vessel when the owner knows or has reasonable grounds to believe that said person is intoxicated or under the influence of alcohol or drugs. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 618

ALCOHOLIC BEVERAGESPOSTING OF SIGNS WARNING THAT CONSUMPTION OF ALCOHOL DURING PREGNANCY IS DANGEROUS. Code Section 3-1-5 Enacted. No. 1435 (Senate Bill No. 376). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the posting of signs warning that consumption of alcohol during pregnancy is dangerous; to provide for rules and regulations; to provide for fees; 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 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end of Chapter 1 of said title, relating to general provisions, a new Code Section 3-1-5 to read as follows: 3-1-5. (a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: `Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.' (b) The department shall make such warning signs available to such retailers of alcoholic beverages and shall promulgate rules and regulations with respect to the form and the posting of said signs. A fee may be charged by the department to cover printing, postage, and handling expenses. (c) Any person who fails or refuses to post the sign as required in this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $100.00 for each violation.

Page 619

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. RETIRED TEACHERS' DAY DESIGNATED. Code Section 20-1-6 Enacted. No. 1436 (House Bill No. 1147). AN ACT To amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, so as to provide for the designation of Retired Teachers' Day; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. WHEREAS, the progress of this state and this nation, and in fact, the progress of all civilization, is due to the passing on of knowledge from one generation to the next; and WHEREAS, the primary burden of the transmittal and expansion of this body of knowledge has historically been borne by our teachers; and WHEREAS, the teachers of this state have tirelessly and unselfishly taken on the noble and sacred trust of educating and training our children; and WHEREAS, the State of Georgia, in appreciation of this service, desires to bestow upon the retired teachers of the state the recognition and honor they deserve; and WHEREAS, the third week of November of each year has traditionally been observed as American Education Week.

Page 620

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions applicable to public education in Georgia, is amended by adding at the end thereof a new Code Section 20-1-6 to read as follows: 20-1-6. (a) The Sunday commencing the third week of November of each year is designated as Retired Teachers' Day. (b) The Governor may issue annually a proclamation designating the Sunday commencing the third week of November of each year as Retired Teachers' Day and calling upon public schools and citizens of the state to observe the occasion and to take the opportunity to honor the retired teachers of the state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. TEACHERS RETIREMENT SYSTEM OF GEORGIAMINIMUM RETIREMENT ALLOWANCE; RETIREMENT UNDER LOCAL RETIREMENT SYSTEMS; COST-OF-LIVING INCREASE. Code Sections 47-3-120 and 47-3-124 Amended. Code Section 47-3-126.2 Enacted. No. 1437 (House Bill No. 338). AN ACT To amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia,

Page 621

so as to change the minimum retirement allowance to be received by any member upon retirement; to change the provisions relating to the application of the minimum retirement allowance to teachers who retired under a county, municipal, or local board of education retirement or pension system; to provide for a one-time cost-of-living increase in benefits and for definitions relative thereto; 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 from subsection (a) of Code Section 47-3-120, relating to allowances on retirement, that paragraph thereof which reads as follows: 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., and substituting in lieu thereof the following paragraph: The minimum allowance to be received by any member upon retirement shall not be less than $17.00 per month for each year of creditable service, not to exceed 40 years of creditable service. Section 2 . Said chapter is further amended by striking Code Section 47-3-124, relating to the application of minimum retirement allowance to teachers who retired under a county, municipal, or local board of education retirement or pension system, which reads as follows: 47-3-124. Any provisions of this chapter or any other law to the contrary notwithstanding, the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120 shall be applicable to retired public school teachers who retired pursuant to a county, municipal, or local board of education retirement or pension system. Effective January

Page 622

1, 1975, such retired public school teachers shall be deemed to be members of this retirement system for the purposes of subsection (a) of Code Section 47-3-120. Beginning with such date, the board of trustees is authorized and directed to pay directly to each such retired public school teacher a monthly retirement allowance which shall be equal to the difference between the retirement allowance received by such retired public school teacher pursuant to such county, municipal, or local board of education retirement or pension system and the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120. In determining the monthly retirement allowance payable under this Code section, credit shall be given for all teaching service prior to January 1, 1945, by a public school teacher under a county, municipal, or local board of education in this state if the county, municipal, or local board of education retirement or pension system under which that school teacher retired did not allow their school teachers to establish credit for any such service. On and after March 2, 1978, increases in retirement allowances granted to such retired public school teachers by a county, municipal, or local board of education retirement or pension system shall not reduce or diminish the retirement allowance paid to such retired public school teachers by the Teachers Retirement System of Georgia. The amount of monthly retirement allowances paid to such retired public school teachers by the Teachers Retirement System of Georgia shall remain the same, or be returned to the same, as that paid upon their initial retirement with no reduction or diminution due to increases granted by the county, municipal, or local board of education retirement or pension system; but the amount of the monthly retirement allowance paid to such retired public school teachers by the Teachers Retirement System of Georgia shall be increased as necessary to reflect increases in the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120., in its entirety and substituting in lieu thereof a new Code Section 47-3-124 to read as follows: 47-3-124. (a) As used in this Code section, the term:

Page 623

(1) `Local retirement allowance' means the retirement or pension allowance payable by a local retirement system to a locally retired teacher. (2) `Local retirement system' means a retirement or pension system of a county, municipality, or local board of education which includes teachers as members thereof or which is paying retirement or pension allowances to locally retired teachers. (3) `Locally retired teacher' means a teacher who has retired or hereafter retires pursuant to a local retirement system. (4) `Total retirement allowance' means the local retirement allowance plus any amounts which are payable by the board of trustees to the locally retired teacher pursuant to the provisions of this chapter other than this Code section. (b) Any other provisions of this chapter or any other law to the contrary notwithstanding, the minimum retirement allowance provided by subsection (a) of Code Section 47-3-120 shall be applicable to locally retired teachers who, for such purposes, shall be deemed to be members of this retirement system. In determining the minimum retirement allowance payable under subsection (a) of Code Section 47-3-120 to a locally retired teacher, credit shall be given for all teaching service prior to January 1, 1945, under the local retirement system if the local retirement system did not allow its teachers to establish credit for any such service. Subject to the provisions of subsections (c), (d), and (e) of this Code section, for each locally retired teacher whose total retirement allowance is less than the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120, the board of trustees shall pay monthly directly to such locally retired teacher an amount equal to the difference between the total retirement allowance and the minimum retirement allowance. (c) As applied to locally retired teachers who retired prior to July 1, 1986: (1) The provisions of this Code section shall not decrease the amount payable by the board of trustees to

Page 624

an amount less than the amount payable pursuant to the authority of this Code section prior to July 1, 1986; (2) Increases in the local retirement allowance granted on or after July 1, 1986, by the local retirement system shall cause the amount payable by the board of trustees pursuant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and (3) Increases in the total retirement allowance payable to a locally retired teacher which hereafter result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section and Code Section 47-3-126.2 shall not decrease the amount payable by the board of trustees pursuant to the authority of this Code section. (d) As applied to locally retired teachers who retire on or after July 1, 1986: (1) Increases in the local retirement allowance granted after retirement by the local retirement system shall cause the amount payable by the board of trustees pursuant to the authority of this Code section to be decreased in the same amount as the increase granted by the local retirement system; and (2) Increases after retirement in the total retirement allowance payable to a locally retired teacher which result from new or increased allowances paid by the board of trustees to the locally retired teacher pursuant to provisions of this chapter other than this Code section shall not decrease the amount payable by the board of trustees pursuant to the authority of this Code section. (e) Notwithstanding the provisions of subsections (c) and (d) of this Code section, if the minimum retirement allowance provided for by subsection (a) of Code Section 47-3-120 is increased on or after July 1, 1986, the amount payable by the board of trustees to a locally retired teacher pursuant

Page 625

to the authority of this Code section shall be the greater of either of the following amounts: (1) The amount necessary to increase the sum of the total retirement allowance plus the amount payable pursuant to the authority of this Code section to an amount equal to the increased minimum retirement allowance; or (2) The same amount which the board of trustees was paying pursuant to the authority of this Code section on the date the increase in the minimum retirement allowance became effective if the total retirement allowance payable on that date exceeds the increased minimum retirement allowance. Section 3 . Said chapter is further amended by adding immediately following Code Section 47-3-126.1 a new Code Section 47-3-126.2 to read as follows: 47-3-126.2. (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: (1) Any retired teacher who retired pursuant to any county, municipal, or local board of education retirement or pension system; (2) The surviving spouse of any retired teacher who retired pursuant to a county, municipal, or local board of education retirement or pension system if such surviving spouse is eligible to receive and is receiving a monthly benefit pursuant to the local retirement or pension system; and (3) The surviving spouse of a teacher who was a member of a county, municipal, or local board of education retirement or pension system and who died prior to retirement if such surviving spouse is eligible to receive and is receiving a monthly benefit pursuant to the local retirement or pension system. (b) Effective July 1, 1986, the monthly retirement benefit of each beneficiary who was receiving a benefit on July 1, 1981, shall be increased by:

Page 626

(1) One dollar for each full year of creditable service which the beneficiary had at the time of retirement; plus (2) One dollar for each full year which has elapsed from the date of retirement until July 1, 1981. (c) When the postretirement benefit adjustment provided by this Code section has been granted, there shall be no further postretirement benefit adjustments pursuant to the authority of this Code section. Section 4 . This Act shall become effective on July 1, 1986. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. MOTOR VEHICLE LICENSE PLATESFORMER PRISONERS OF WAR; SPOUSES. Code Section 40-2-71.1 Amended. No. 1438 (House Bill No. 1105). AN ACT To amend Code Section 40-2-71.1 of the Official Code of Georgia Annotated, relating to special license plates for former prisoners of war, so as to provide that the spouse of a deceased prisoner of war shall continue to be eligible for a special license plate; 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

Page 627

prisoners of war, is amended by striking said Code section and inserting in lieu thereof a new Code section to read as follows: 40-2-71.1. (a) As used in this Code section, the term `prisoners of war' means those veterans of the armed forces of the United States who were discharged under honorable conditions and who were captured and held prisoner by forces hostile to the United States while serving in the armed forces of the United States in World War I, World War II, the Korean War, or the Vietnam War. (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. (c) The spouse of a deceased former prisoner of war shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section so long as such person remains unmarried. (d) The commissioner is authorized and directed to design the license plate, establish procedures, and promulgate rules and regulations to effectuate the purposes of this Code section. (e) The commissioner may begin issuing distinctive personalized license plates to such prisoners of war for the year 1982 and thereafter. (f) This Code section is supplemental to the motor vehicle licensing laws of this state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 628

GEORGIA ANIMAL PROTECTION ACTENACTED; REGULATION OF ANIMAL SHELTERS, KENNELS, STABLES, AND PET DEALERS. Code Title 4, Chapter 11 Enacted. No. 1439 (House Bill No. 1346). AN ACT To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to regulate and license animal shelters, kennels, stables, and pet dealers; to provide a short title; to provide definitions; to prohibit certain conduct or activities; to provide for licenses and the issuance, renewal, revocation, and suspension thereof; to provide for fees; to provide for applications; to provide for classes of licenses; to provide for display of licenses; to provide for practices and procedures; to provide for exceptions; to provide for actions, service of process, and enforcement; to authorize the Commissioner of Agriculture or his designated agents to enter and inspect certain public or private property; to require certain certificates of health for shipment of certain animals; to authorize the Commissioner to cooperate with the United States Secretary of Agriculture in carrying out certain federal laws; to provide for rules and regulations; to provide for injunctions and restraining orders; to provide 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 11 to read as follows: CHAPTER 11 4-11-1. This chapter may be cited as the `Georgia Animal Protection Act.' 4-11-2. As used in this chapter, the term:

Page 629

(1) `Adequate food and water' means food and water which is sufficient in amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water. (2) `Animal shelter' means any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. (3) `Equine' means any member of the Equidae species, including horses, mules, and asses. (4) `Humane care' of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed. (5) `Kennel' means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation. (6) `Person' means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state. (7) `Pet dealer' or `pet dealership' means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily

Page 630

obtained as pets in this state. However, a person who sells only animals that he has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer under this chapter unless such a person is licensed for a business by a local government or has a Georgia sales tax number. The Commissioner may with respect to any breed of animals decrease the 30 animal per year exception in the foregoing sentence to a lesser number of any animals for any species which is commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute the veterinarian a pet dealer, kennel, or stable under this chapter. (8) `Secretary of Agriculture' means the Secretary of the United States Department of Agriculture. (9) `Stable' means any building, structure, or enclosure used for the lodging and feeding of equines at which: (A) Such equines are made available to the public for riding and a fee is charged for the use of such equines; or (B) A fee is charged by the stable operator for the boarding or feeding of such equines. 4-11-3. (a) It shall be unlawful for any person to act as a pet dealer or operate a kennel, stable, or animal shelter unless such person has a valid license issued by the Commissioner of Agriculture. Any person acting without a license in violation of this subsection shall be guilty of a misdemeanor. (b) The Commissioner shall license pet dealers and kennel, stable, and animal shelter operators under the applicable provisions of Chapter 5 of Title 2, the `Department of Agriculture Registration, License, and Permit Act.' (c) Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner shall fix fees for licenses

Page 631

so that the revenue derived from licenses shall approximate the total direct cost of administering this chapter. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $10.00 but shall not exceed $100.00. (d) Applications for licenses shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state: (1) The name of the applicant; (2) The business address of the applicant; (3) The complete telephone number of the applicant; (4) The location of the pet dealership, kennel, stable, or animal shelter; (5) The type of ownership of the pet dealership, kennel, stable, or animal shelter; and (6) The name of the owner or, if a partnership, firm, corporation, or other entity, the name of the partners or stockholders. 4-11-4. A license must be prominently displayed at each place of business of a pet dealer and at each kennel, stable, and animal shelter in this state. 4-11-5. Any person licensed by the department as a bird dealer shall not be required to obtain a license under this chapter if such person does not deal in animals other than birds. If, however, a licensed bird dealer sells, offers to sell, exchanges, or offers for adoption dogs, cats, fish, reptiles, or other animals (other than birds) customarily obtained as pets, then such dealer shall be required to obtain a license under this chapter in addition to his bird dealer's license. 4-11-6. Any person who is not a resident of this state but who engages in this state in any activities for which a license is required by this chapter shall be subject to this

Page 632

chapter as to such activities. Each nonresident applicant for a license required by this chapter shall be required as a condition of licensure to execute a consent to the jurisdiction of the courts of this state for any action filed under this chapter; and service of process in any such action shall be by certified mail by the Commissioner. 4-11-7. The Commissioner may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds: (1) Material misstatement in the application for the original license or in the application for any renewal license under this chapter; (2) Willful disregard or violation of this chapter or of any rules or regulations issued pursuant to this chapter; (3) Willfully aiding or abetting another in the violation of this chapter or of any regulation or rule issued pursuant to this chapter; (4) Allowing a license issued under this chapter to be used by an unlicensed person; (5) A violation of any law of this state or rule of the Commissioner related to the disposition of, dealing in, or handling of dogs, cats, equines, and other animals; (6) Making substantial misrepresentations or false promises in connection with the business of a licensee under this chapter; (7) Pursuing a continued course of making misrepresentations or false promises through advertising, salesmen, agents, or otherwise in connection with the business of a licensee under this chapter; (8) Failure to possess the necessary qualifications or meet the requirements of this chapter for the issuance or holding of a license; or (9) Failure to provide proper facilities.

Page 633

4-11-8. The Commissioner is authorized to deny, suspend, or revoke any license required by this chapter, subject to notice and a hearing, in any case in which he finds that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter. All proceedings for denial, suspension, or revocation of a license shall be conducted in conformance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 4-11-9. The Commissioner or his designated agents are authorized to enter upon any public or private property at any time for the purpose of inspecting the business premises of any pet dealer or any animal shelter, kennel, or stable and the dogs, cats, equines, or other animals housed at such facility to determine if such facility is licensed and for the purpose of enforcing this chapter and the rules and regulations adopted by the Commissioner pursuant to this chapter. 4-11-10. It shall be unlawful for any person licensed under this chapter or any person employed by a person licensed under this chapter or under his supervision or control to: (1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals, when such violation occurs on the premises of or is related to the operation of the pet dealership, animal shelter, kennel, or stable for which the license has been issued or any other such facility operated by the same person; (2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed; (3) Fail to provide adequate food and water; (4) Fail to provide adequate and humane care for any dog, cat, equine, or other animal at such facility; or (5) Fail to take reasonable care to release for sale, trade, or adoption only those animals which appear to be free of disease, injuries, or abnormalities.

Page 634

4-11-11. It shall be unlawful for any person to ship any animal, other than equines, livestock, birds, cold-blooded animals, and rodents, into this state for the purpose of resale unless such animal is accompanied by a U.S. interstate or international certificate of health. 4-11-12. The Commissioner may cooperate with the United States Secretary of Agriculture in carrying out Public Law 89-544, commonly known as the Animal Welfare Act, as amended by Public Laws 91-579 and 94-279, and the rules and regulations issued by the Secretary of Agriculture under that act. The Commissioner may promulgate regulations to facilitate cooperation and avoid any unnecessary duplication or conflict of activities by the department and the Secretary of Agriculture in regulating the activities or areas covered by this chapter and Public Law 89-544. The regulations may be in addition to other regulations authorized by this chapter. 4-11-13. The provisions of this chapter shall not apply to any person who raises, keeps, or maintains animals solely for the purposes of human consumption. 4-11-14. The Commissioner is authorized to promulgate and adopt rules and regulations necessary or appropriate to carry out this chapter. 4-11-15. In addition to the remedies provided in this chapter or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner is authorized to apply to the superior courts for an injunction or restraining order. Such courts shall have jurisdiction and for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this chapter or any rules and regulations promulgated under this chapter. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. 4-11-16. Any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter

Page 635

or any rule or regulation of the Commissioner adopted pursuant to 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 1, 1986. DECEPTIVE OR UNFAIR TRADE PRACTICESSALES OF LIMITED EDITION REPRODUCTIONS OF ART; WARRANTIES; PENALTIES. Code Sections 10-1-430 through 10-1-437 Enacted. No. 1440 (House Bill No. 1253). AN ACT To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to regulate the sale of limited edition reproductions of works of art; to provide definitions; to require the disclosure of certain information with respect to the sale of fine art multiples; to provide for warranties; to provide for construction; to provide for remedies and enforcement; to provide for civil penalties; to provide for applicability and exceptions; 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 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by adding at the end thereof a new Part 5 to read as follows: Part 5 10-1-430. As used in the part, the term:

Page 636

(1) `Art dealer' means a person who is in the business of dealing exclusively or nonexclusively in fine art multiples, a person who by his occupation holds himself out as having knowledge or skill peculiar to fine art multiples or persons to whom that knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having that knowledge or skill, or an auctioneer who sells fine art multiples at public auction. The term shall not include consignors or principals of auctioneers unless such consignors or principals are otherwise specifically defined as art dealers by this paragraph. (2) `Artist' means the person who created the image which is contained in or constitutes the master or who conceived of and approved the image which is contained in or constitutes the master. (3) `Fine art multiple' or `multiple' means any print, positive or negative photograph, or similar art object produced in more than one copy. The term includes pages or sheets taken from books or magazines but shall not include books or magazines. (4) `Limited edition' means fine art multiples produced from a master all of which are the same image and which bear numbers or other markings to denote the limited production thereof to a stated maximum number of multiples or which are otherwise held out as limited to a maximum number of multiples. (5) `Master' means a printing plate, stone, block, screen, photographic negative, or other device which contains an image and is used to produce fine art objects in multiples. (6) `Person' means an individual, partnership, corporation, association, or other entity. (7) `Print' means a multiple produced by, but not limited to, engraving, etching, woodcutting, lithography, and serigraphy and a multiple produced or developed from photographic negatives.

Page 637

(8) `Proofs' means multiples which are the same as and which are produced in a limited edition from the same master as the multiples but which, whether so designated or not, are set aside from and are in addition to the limited edition to which they relate. (9) `Signed' means autographed by the artist's own hand, and not by mechanical means of reproduction, after the multiple is produced. (10) `Written instrument' means a written or printed agreement, bill of sale, invoice, certificate of authenticity, catalogue, note, memorandum, or label describing a multiple which is to be sold, exchanged, or consigned by an art dealer. 10-1-431. (a) An art dealer shall not sell or consign a multiple in, into, or out of this state unless a written instrument is furnished to the purchaser or consignee prior to the sale or consignment which sets forth as to each multiple the descriptive information required by Code Section 10-1-432. If a prospective purchaser so requests, the information shall be transmitted to him prior to the payment or placing of an order for a multiple. If payment is made by a purchaser prior to delivery of such a multiple, this information shall be supplied at the time of or prior to delivery. With respect to auctions, this information may be furnished in catalogues or other written materials which are made readily available for consultation and purchase prior to sale, provided that a bill of sale, receipt, or invoice describing the transaction is then provided which makes reference to the catalogue and lot number in which this information is supplied. Information supplied pursuant to this subsection shall be clearly, specifically, and distinctly addressed to each of the items listed in Code Section 10-1-432 unless the required data is not applicable. This Code section is applicable to transactions by and between art dealers and others considered to be art dealers for the purposes of this part. (b) (1) An art dealer shall not cause a catalogue, prospectus, flyer, or other written material or advertisement to be distributed in, into, or from this state which solicits a direct sale, by inviting transmittal of payment for a

Page 638

specific multiple, unless it clearly sets forth, in close physical proximity to the place in such material where the multiple is described, the descriptive information required by Code Section 10-1-432. In lieu of this required information, the written material or advertising may set forth the material contained in the following quoted passage, or the passage itself, if the art dealer then supplies the required information prior to or with delivery of the multiple. The nonobservance of the terms within the following passage shall constitute a violation of this part: `Georgia law provides for disclosure in writing of information concerning certain fine prints and photographs prior to effecting a sale of them. This law requires disclosure of such matters as the identity of the artist, the artist's signature, the medium, whether the multiple is a reproduction, the time when the multiple was produced, use of the plate which produced the multiple, and the number of multiples in a limited edition. If a prospective purchaser so requests, the information shall be transmitted to him prior to payment or the placing of an order for a multiple. If payment is made by a purchaser prior to delivery of the multiple, this information will be supplied at the time of or prior to delivery, in which case the purchaser is entitled to a refund if, for reasons related to matter contained in such information, he returns the multiple in the condition in which received within 30 days of receiving it. In addition, if after payment and delivery, it is ascertained that the information provided is incorrect, the purchaser may be entitled to certain remedies, including refund upon return of the multiple in the condition in which received.' (2) This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale. (c) In each place of business in the state where an art dealer is regularly engaged in sales of multiples, the art dealer shall post in a conspicuous place, a sign which, in a legible format, contains the information included in the following passage:

Page 639

`Georgia law provides for the disclosure in writing of certain information concerning prints and photographs. This information is available to you, and you may request to receive it prior to purchase.' (d) If an art dealer offering multiples by means of a catalogue, prospectus, flyer, or other written material or advertisement distributed in, into, or from this state disclaims knowledge as to any relevant detail referred to in Code Section 10-1-432, he shall so state specifically and categorically with regard to each such detail to the end that the purchaser shall be able to judge the degree of uniqueness or scarcity of each multiple contained in the edition so offered. Describing the edition as an edition of `reproductions' eliminates the need to furnish further informational details unless the edition was allegedly published in a signed, numbered, or limited edition, or any combination thereof, in which case all of the informational details are required to be furnished. (e) Whenever an artist sells or consigns a multiple of his own creation or conception, the artist shall disclose the information required by Code Section 10-1-432, but an artist shall not otherwise be regarded as an art dealer. 10-1-432. (a) Except as provided in subsections (c), (d), and (e) of this Code section, the following information shall be provided as required by Code Section 10-1-431: (1) The name of the artist; (2) If the artist's name appears on the multiple, a statement whether the multiple was signed by the artist; or if the multiple was not signed by the artist, a statement of the source of the artist's name on the multiple, such as whether the artist placed his signature on the multiple or on the master, whether his name was stamped or estate stamped on the multiple or on the master, or was from some other source or in some other manner placed on the multiple or on the master; (3) A description of the medium or process, and where pertinent to photographic processes, the material used in producing the multiple, such as whether the multiple

Page 640

was produced through the etching, engraving, lithographic, serigraphic, or a particular method or material used in photographic developing processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description shall be made; (4) If the multiple or the image on or in the master constitutes a photomechanical or photographic type of reproduction of an image produced in a different medium, for a purpose other than the creation of the multiple being described, a statement of this information and the respective mediums; (5) If paragraph (4) of this subsection is applicable, and the multiple is not signed, a statement whether the artist authorized or approved in writing the multiple or the edition of which the multiple being described is one; (6) If the purported artist was deceased at the time the master was made which produced the multiple, this shall be stated; (7) If the multiple is a `posthumous' multiple, that is, if the master was created during the life of the artist but the multiple was produced after the artist's death, this shall be stated; (8) If the multiple was made from a master which produced a prior limited edition, or from a master which constitutes or was made from a reproduction of a prior multiple or the master which produced the prior limited edition, this shall be stated as shall the total number of multiples, including proofs, of all other editions produced from that master; (9) As to multiples produced after 1949, the year or approximate year the multiple was produced shall be stated. As to multiples produced prior to 1950, state the year, approximate year, or period when the master was made which produced the multiple and when the particular multiple being described was produced. The requirements of this paragraph shall be satisfied when the year stated is approximately accurate;

Page 641

(10) Whether the edition is being offered as a limited edition, and if so the authorized maximum number of signed or numbered impressions, or both, in the edition; the authorized maximum number of unsigned or unnumbered impressions, or both, in the edition; the authorized maximum number of artist's, publisher's, or other proofs, if any, outside of the regular edition; and the total size of the edition; and (11) Whether or not the master has been destroyed, effaced, altered, defaced, or canceled after the current edition. (b) If the multiple is part of a limited edition and was printed after July 1, 1986, the statement of the size of the limited edition, as stated pursuant to paragraph (10) of subsection (a) of this Code section shall also constitute an express warranty that no additional multiples of the same image, including proofs, have been produced in this or in any other limited edition. (c) If the multiple was produced in the period from 1950 to July 1, 1986, the information required to be supplied need not include the information required by paragraphs (5) and (8) of subsection (a) of this Code section. (d) If the multiple was produced in the period from 1900 to 1949, the information required to be supplied need only consist of the information required by paragraphs (1), (2), (3), and (9) of subsection (a) of this Code section. (e) If the multiple was produced before the year 1900, the information to be supplied need only consist of the information required by paragraphs (1), (3), and (9) of subsection (a) of this Code section. 10-1-433. (1) Except as provided in paragraph (2) of this subsection, whenever an art dealer furnishes information as required by Code Section 10-1-432, such information shall be a part of the basis of the bargain and shall create express warranties as to the information provided. Such warranties shall not be negated or limited because the art dealer in the written instrument did not

Page 642

use formal words such as `warrant' or `guarantee' or because the art dealer did not have a specific intention or authorization to make a warranty or because any required statement is or purports to be the art dealer's opinion. The existence of a basis in fact for information warranted by virtue of this subsection shall not be a defense in an action to enforce such warranty. (2) With respect to photographic multiples produced prior to 1950 and other multiples produced prior to 1900, the information required by paragraph (3) of subsection (a) of Code Section 10-1-432 shall be deemed to be correct if a reasonable basis in fact exists for the information provided. (b) When information is not supplied, this shall constitute the express warrant that such information is not required to be disclosed. (c) Whenever an art dealer disclaims knowledge as to a particular item about which information is required, such disclaimer shall be ineffective unless clearly, specifically, and categorically stated as to the particular item and contained in the physical context of other language setting forth the required information as to a specific multiple. 10-1-434. (a) The rights, liabilities, and remedies created by this part shall be construed to be in addition to and not in substitution, exclusion, or displacement of other rights, liabilities, and remedies provided by law. (b) Whenever an artist sells or consigns a multiple of his own creation, the artist shall incur the obligations prescribed by this part for an art dealer. (c) An artist or merchant who consigns a multiple to an art dealer for the purpose of effecting a sale of the multiple shall have no liability to a purchaser under this part if such consignor, as to the consignee, has complied with the provisions of this part. (d) When an art dealer has agreed to sell a multiple on behalf of a consignor who is not an art dealer or when

Page 643

an artist has not consigned a multiple to an art dealer, but the art dealer has agreed to act as the agent for an artist for the purpose of supplying the information required by this part, such art dealer shall incur the liabilities of other art dealers prescribed by this part as to a purchaser. (e) When an art dealer is liable to a purchaser pursuant to the provisions of this part, as a result of providing information in the situations referred to in this Code section, as well as when such an art dealer purchased such a multiple from another art dealer, if the art dealer can establish that his liability results from incorrect information which was provided by the consignor, artist, or art dealer to him in writing, and the art dealer who is liable in good faith relied on such information, the consignor, artist, or art dealer shall similarly incur such liabilities as to the purchaser and such art dealer. 10-1-435. (a) An art dealer, including a dealer consignee, who offers or sells a multiple in, into, or from this state without providing the information required in Code Sections 10-1-431 and 10-1-432 or who provides information which is mistaken, erroneous, or untrue, except for harmless errors such as typographical errors, shall be liable to the purchaser of the multiple. The art dealer's liability shall consist of the consideration paid by the purchaser for the multiple, with interest at the legal rate thereon, upon the return of the multiple in the condition in which received by the purchaser. (b) In any case in which an art dealer, including a dealer consignee, willfully offers or sells a multiple in violation of this part, the person purchasing such multiple may recover from the art dealer, including a dealer consignee, who offers or sells such multiple an amount equal to three times the amount required under subsection (a) of this Code section. (c) No action shall be maintained to enforce any liability under this Code section unless brought within one year after discovery of the violation upon which it is based and in no event more than three years after the multiple was sold. (d) In any action to enforce any provision of this part, the court may allow the prevailing purchaser the costs of

Page 644

the action together with reasonable attorneys' and expert witnesses' fees. In the event, however, the court determines that an action to enforce was brought in bad faith, it may allow such expenses to the seller as it deems appropriate. (e) These remedies shall not bar or be deemed inconsistent with a claim for damages or with the exercise of additional remedies otherwise available to the purchaser. (f) In any proceeding in which an art dealer relies upon a disclaimer of knowledge as to any relevant information set forth in Code Section 10-1-432 for any time period, such disclaimer shall be effective unless the claimant is able to establish that the art dealer failed to make reasonable inquiries, according to the custom and usage of the trade, to ascertain the relevant information or that such relevant information would have been ascertained as a result of such reasonable inquiries. 10-1-436. (a) Whenever the Attorney General or any district attorney has reason to believe that any person is violating any provision of this part, he may bring an action against such person to restrain or enjoin continued violations. With the exception of consent judgments entered before any testimony is taken, a final judgment under this Code section is admissible as prima-facie evidence of such specific findings of fact as may be made by the court which enters the judgment in subsequent proceedings by or against the same person or his successors or assigns. (b) Any person who violates any provision of this part may be liable for a civil penalty not to exceed $500.00 for each violation. Such penalty may be assessed and recovered in a civil action brought by the Attorney General or any district attorney. 10-1-437. (a) This part shall not apply to any fine art multiple when offered for sale or sold at wholesale or retail for $100.00 or less, exclusive of any frame. (b) Any charitable organization which conducts a sale or auction of fine art multiples shall be exempt from the disclosure requirements of this part if it posts in a conspicuous

Page 645

place, at the site of the sale or auction, a disclaimer of any knowledge of the information specified in Code Section 10-1-432 and includes such a disclaimer in a catalogue, if any, distributed by the organization with respect to the sale or auction of fine art multiples. If a charitable organization uses or employs an art dealer to conduct a sale or auction of fine art multiples, the art dealer shall be subject to all disclosure requirements otherwise required of an art dealer under this part. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. ANATOMICAL GIFTSPROCEDURES; MINORS; IRREVOCABILITY AT DEATH; PURCHASE OR SALE OF HUMAN BODIES OR PARTS THEREOF. Code Sections 44-5-143 and 44-5-145 Amended. Code Sections 16-12-160 and 44-5-143.1 Enacted. No. 1441 (House Bill No. 1334). AN ACT To amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to require organ banks, eye or tissue banks, or storage facilities to request that anatomical gifts be made; to authorize the parents, legal guardian, or other authorized person to make an anatomical gift of an individual under 18 years of age, such gift to take effect at death; to require organ banks, eye or tissue banks, or storage facilities to request that parents, legal guardians, or other authorized persons make such gifts; to provide for record keeping for such gifts and related matters; to provide for rules and regulations by the Board of Human Resources;

Page 646

to provide that, unless such gifts are medically unsuitable, certain anatomical gifts are irrevocable at death; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to make it unlawful for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or a part of a human body; to provide exceptions; to provide a punishment; 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 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by striking in its entirety Code Section 44-5-143, relating to persons who may make anatomical gifts, and inserting in its place a new Code Section 44-5-143 to read as follows: 44-5-143. (a) Any individual who is 18 years of age or older and of sound mind may give all or any part of his body for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the concerned organ bank, eye or tissue bank, or storage facility which shall, if appropriate, request that any of the following persons, in order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister;

Page 647

(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) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank, eye or tissue bank, or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of a person to any hospital, at his request, the hospital shall record in a book kept for the purpose, the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148.

Page 648

(g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code section. (i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association. Section 2 . Said article is further amended by inserting immediately following Code Section 44-5-143 a new Code section, to be designated Code Section 44-5-143.1, to read as follows: 44-5-143.1. (a) The parents, legal guardian, or other person authorized under subsection (b) of this Code section may, unless otherwise directed by a will, give all or any part of the body of a person who is under 18 years of age for any purpose specified in Code Section 44-5-144, the gift to take effect upon death. (b) On or before the occurrence of death in a hospital, when persons in prior classes are not available and in the absence of actual notice of contrary indications by the decedent or actual notice of opposition by a member of the same or a prior class, the person in charge of the hospital or his designated representative shall notify the concerned organ bank, eye or tissue bank, or storage facility which shall, if appropriate, request that any of the following persons, in

Page 649

order of priority stated, give all or any part of the decedent's body for any purpose specified in Code Section 44-5-144: (1) Both parents; (2) If both parents are not readily available and no contrary indications of the absent parent are known, one parent; (3) If the parents are divorced or legally separated, the custodial parent; (4) In the absence of the custodial parent, when no contrary indications of the absent parent are known, the noncustodial parent; (5) If there are no parents, the legal guardian; or (6) Any other person authorized or obligated to dispose of the body. (c) (1) The person in charge of the hospital or his designated representative shall record in a book kept for this purpose a statement to the effect that the concerned organ bank, eye or tissue bank, or storage facility has been notified and whether, if appropriate, a request for a consent to an anatomical gift has been made and shall further indicate whether or not consent was granted, the name of the person granting the consent, and his or her relationship to the decedent. (2) A request under subsection (b) of this Code section is appropriate only when consent would yield a donation suitable for use pursuant to medical and other criteria as defined by regulations of the Board of Human Resources. (d) If the donee has actual notice of contrary indications by the decedent or actual notice that a gift by a member of a class is opposed by a member of the same or a prior class, the donee shall not accept the gift. The persons authorized by subsection (b) of this Code section may make the gift after or immediately before death. Upon admission of

Page 650

a person to any hospital at his request, the hospital shall record in a book kept for the purpose of the expression of intent of such person with regard to the disposition of his body and such expression shall be deemed to be sufficient notice under this Code section not to be contravened by opposition from persons listed in subsection (b) of this Code section. (e) A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended. (f) The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection (d) of Code Section 44-5-148. (g) The Board of Human Resources shall establish regulations concerning the training of any person or persons who may be designated to perform the request and the procedures to be employed in making it. In addition, the board shall establish such regulations as are necessary to implement appropriate hospital procedures to facilitate the delivery of donations from receiving hospitals to potential recipients. (h) The Board of Human Resources shall establish such additional rules and regulations as are necessary for the implementation of this Code Section. (i) In promulgating or amending all rules and regulations required for the proper implementation and administration of this Code section, the Board of Human Resources shall consult with and receive input from any and all affected associations, agencies, or entities including but not limited to the Medical Association of Georgia, the Atlanta Regional Organ Procurement Agency, the Atlanta Regional Tissue Bank, the Medical College of Georgia Regional Organ Procurement Program, the Georgia Lions Eye Bank, Inc., and the Georgia Hospital Association. Section 3 . Said article is further amended by striking in its entirety subsection (b) of Code Section 44-5-145, relating to

Page 651

anatomical gifts made by will, donor card, or other instrument, and inserting in its place a new subsection (b) to read as follows: (b) A gift of all or part of the body under subsection (a) of Code Section 44-5-143 may also be made by a document other than a will. Unless the gift is deemed medically unsuitable, the gift becomes effective and irrevocable upon the death of the donor. The document, which may be a card designed to be carried on the person, must be signed by the donor in the presence of two witnesses who must sign the document in his presence. If the donor cannot sign, the document may be signed for him at his direction and in his presence and in the presence of two witnesses who must sign the document in his presence. Delivery of the document of gift during the donor's lifetime is not necessary to make the gift valid. Section 4 . Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 16-12-160. (a) It shall be unlawful, except as provided in subsection (b) of this Code section, for any person, firm, or corporation to buy or sell, to offer to buy or sell, or to assist another in buying or selling or offering to buy or sell a human body or any part of a human body. (b) The prohibition contained in subsection (a) of this Code section shall not apply to: (1) The purchase or sale of whole blood, blood plasma, blood products, blood derivatives, other self-replicating body fluids, or hari; (2) A gift or donation of a human body or any part of a human body or any procedure connected therewith as provided in Article 6 of Chapter 5 of Title 44; (3) The reimbursement of actual expenses, including medical costs, lost income, and travel expenses, incurred by a living person in giving or donating a part of his body;

Page 652

(4) The payment of financial assistance under a plan of insurance or other health care coverage; (5) The purchase or sale of human tissue, organs, or other parts of the human body for health sciences education; or (6) The payment of reasonable costs associated with the removal, storage, or transportation of a human body or any part of a human body given or donated for medical or scientific purposes. (c) Any person, firm, or corporation convicted of violating subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not exceeding $5,000.00 or by imprisonment for not less than one year nor more than five years, or both. Section 5 . This Act shall become effective July 1, 1987. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. CRIMES AND OFFENSESCRIMINAL REPRODUCTION OF RECORDED MATERIAL; VISUAL IMAGES; VIDEOTAPE; MASTERS. Code Section 16-8-60 Amended. No. 1442 (House Bill No. 1723). AN ACT To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction

Page 653

and sale of recorded material, so as to prohibit certain unauthorized transfers and reproductions of recorded materials; to prohibit distribution and sale of such unauthorized transfers and reproductions of recorded materials; to provide certain exceptions; to provide penalties; 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 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by striking Code Section 16-8-60 in its entirety and inserting in lieu thereof a new Code Section 16-8-60 to read as follows: 16-8-60. (a) It is unlawful for any person, firm, partnership, corporation, or association knowingly to: (1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images are derived; or (2) Sell; distribute; circulate; offer for sale, distribution, or circulation; possess for the purpose of sale, distribution, or circulation; cause to be sold, distributed, or circulated; cause to be offered for sale, distribution, or circulation; or cause to be possessed for sale, distribution, or circulation any article or device on which sounds or visual images have been transferred, knowing it to have been made without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, or other device or article from which the sounds are derived. (b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer

Page 654

for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package. (c) This Code section does not apply to any person who transfers or causes to be transferred any such sounds or visual images: (1) Intended for or in connection with radio or television broadcast transmission or related uses; (2) For archival purposes; or (3) Solely for the personal use of the person transferring or causing the transfer and without any profit being derived by the person from the transfer. (d) Violation of this Code section is a felony and is punishable upon conviction by a fine of not more than $25,000.00 or by imprisonment for not less than one year nor more than two years, or both fine and imprisonment; second or subsequent violations of this Code section shall be punishable upon conviction by a fine of not more than $100,000.00 or by imprisonment for not less than one year nor more than three years, or both fine and imprisonment. (e) This Code section shall neither enlarge nor diminish the right of parties to enter into a private contract. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 655

HIGHWAYS, BRIDGES, AND FERRIESPERMITS FOR TRANSPORTATION OF MODULAR OR SECTIONAL HOUSING UNITS. Code Section 32-6-28 Amended. No. 1443 (House Bill No. 1382). AN ACT To amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to authorize the commissioner of transportation or an official of the Department of Transportation designated by the commissioner, in his discretion, upon application in writing to issue a permit in writing authorizing the applicant to operate or move a motor vehicle or combination of vehicles for transporting not more than two modular or sectional housing units upon the state's public roads under certain conditions; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, is amended by redesignating paragraph (1) of subsection (a) as subparagraph (a)(1)(A) and by adding a new subparagraph (B) at the end of said paragraph to read as follows: (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the commissioner or an official of the department designated by the commissioner may, in his discretion, upon application in writing and good cause being shown therefor, issue to a specific tow vehicle a permit in writing authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles and loads for transporting not more than two modular housing units or sectional housing units if the total weight, width, length, and height of the vehicle or combination of vehicles, including the load, does not exceed the limits

Page 656

specified in Code Section 32-6-22, Code Section 32-6-26, and subparagraph (c)(1)(E) of this Code section. No permit shall be issued to any vehicle or combination of vehicles whose operation upon the public roads of this state threatens the safety of others or threatens to damage unduly a road or any appurtenance thereto. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. GEORGIA DEVELOPMENT AUTHORITYFIRST-TIME FARMER TAX-FREE NOTE PROGRAM; ELIGIBILITY FOR LOANS. Code Section 50-10-5 Amended. No. 1444 (House Bill No. 1376). AN ACT To amend Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Authority, so as to provide that loans under the first-time farmer tax-free note program of the authority or any similar loan program established by the authority after July 1, 1986, may be made only to persons who have demonstrated an ability and an intention to earn at least 25 percent of their livelihood from agricultural operations; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 657

Section 1 . Code Section 50-10-5 of the Official Code of Georgia Annotated, relating to the corporate powers and purposes of the Georgia Development Authority, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) No person shall be eligible to receive a loan from the first-time farmer tax-free note program of the authority, or any similar loan program established by the authority after July 1, 1986, unless such person has demonstrated to the satisfaction of the authority that such person has the ability to and intends to derive at least 25 percent of his or her livelihood from agricultural operations. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. CRIMINAL PROCEDUREARRESTS; FAMILY VIOLENCE; PERSONS OF THE OPPOSITE SEX DWELLING TOGETHER OPENLY IN A MERETRICIOUS RELATIONSHIP. Code Section 17-4-20 Amended. No. 1445 (House Bill No. 1447). AN ACT To amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, so as to provide that a law enforcement officer may arrest if the officer has probable cause to believe that certain offenses have occurred under certain conditions; to repeal conflicting laws; and for other purposes.

Page 658

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest of persons, is amended by striking Code Section 17-4-20, relating to authorization of arrests with or without warrants generally, in its entirety and inserting in lieu thereof a new Code Section 17-4-20 to read as follows: 17-4-20. (a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in his presence or within his immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed or a criminal offense as set forth in paragraphs (1) and (2) of Code Section 19-13-1 has occurred between persons of the opposite sex dwelling together openly in a meretricious relationship; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. (b) No law enforcement agency of this state or of any political subdivision of this state shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer from using that degree of force to apprehend a suspected felon which is allowed by the statutory and case law of this state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 659

GEORGIA BUREAU OF INVESTIGATIONMISSING CHILDREN INFORMATION CENTER; LOCAL LAW ENFORCEMENT AGENCIES. Code Sections 35-3-80 through 35-3-85 Enacted. No. 1446 (House Bill No. 1263). AN ACT To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize creation of a Missing Children Information Center; to provide for definitions; to provide for powers; to provide for duties and responsibilities of local law enforcement agencies with respect to missing children; to provide for registration of other organizations maintaining records on missing children; 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 . Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new Article 4 to read as follows: ARTICLE 4 35-3-80. As used in this article, the term: (1) `Missing child' or `missing children' means a person or persons under the age of 17 years whose temporary or permanent residences are in, or are believed to be in, this state and who have been reported as missing to a law enforcement agency and whose location cannot be determined by that law enforcement agency. (2) `Missing child report' means a report prepared on a form designed by the Georgia Bureau of Investigation for the use by law enforcement agencies and private citizens to report information about missing children to the Missing Children Information Center.

Page 660

35-3-81. (a) There is authorized within the Georgia Bureau of Investigation the Missing Children Information Center. The center shall serve as a central repository of information regarding missing children and shall collect and disseminate such information as is necessary to assist in the location of missing children. (b) Central responsibility for the development, maintenance, and operation of the center shall be vested in the supervisor of the center who shall be appointed by the director of the Georgia Bureau of Investigation. (c) The supervisor of the center shall maintain the necessary staff along with support services to be procured within the Georgia state government to enable the effective and efficient performance of the duties and responsibilities assigned to the center in this article. (d) All personnel of the center shall be administered according to appropriate special and standard schedules by the State Merit System of Personnel Administration. 35-3-82. (a) The center may: (1) Establish a system of intrastate communication of information relating to missing children; (2) Provide a centralized file for the exchange of information on missing children within the state; (3) Interface and connect with the National Crime Information Center for the exchange of information on missing children and children suspected of interstate travel; (4) Collect, process, maintain, and disseminate information on missing children and unidentified bodies and strive to maintain or disseminate only accurate and complete information; (5) Cooperate with the State Board of Education in compiling lists of missing children in this state for distribution to local school districts;

Page 661

(6) Compile annual statistics on the number of missing children; (7) Develop recommendations for better reporting and use of computer systems; (8) Provide assistance to local law enforcement agencies providing fingerprint programs for children; (9) Circulate a monthly bulletin of missing children to all law enforcement agencies in the state; (10) Assist local law enforcement agencies in establishing direct computer access to the Missing Children Information Center; (11) Act as a liaison between private citizens and law enforcement agencies regarding appropriate procedures for handling and responding to missing children reports; and (12) Establish a toll-free telephone number to assist individuals and agencies in the reporting of missing children and information relative to missing children. (b) The center is authorized to join and participate in any network of state missing children centers or clearing houses, specifically including but not limited to the National Center for Missing and Exploited Children. 35-3-83. Upon the filing of a police report by the parent or guardian that a child is missing, the local law enforcement agency receiving such report shall notify all of its on-duty law enforcement officers of the existence of the missing child report, communicate the report to all other law enforcement agencies having jurisdiction in the county and all law enforcement agencies of jurisdictions geographically adjoining that of the local law enforcement agency, and transmit the report to the Missing Children Information Center. 35-3-84. Every law enforcement agency and the Georgia Bureau of Investigation shall transmit to the Missing Children Information Center any information which is acquired

Page 662

or collected pursuant to Code Section 35-1-8 or Code Section 35-3-4, which information would assist in the location of any missing child. 35-3-85. Any public or private organization which makes lists of or maintains records on missing children as a primary activity of that organization and which seeks to operate in the State of Georgia shall register with the Missing Children Information Center. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. CHILDREN AND YOUTHCHILD-CARING INSTITUTIONS; EMERGENCY RELOCATION OF RESIDENTS; PROHIBITION OF ADMISSIONS; MONITORS. Code Sections 49-5-90 through 49-5-92 Enacted. No. 1447 (House Bill No. 1262). 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 emergency powers to enable the Department of Human Resources to order the emergency relocation of residents in a child-caring institution other than a day-care facility; to provide for the emergency prohibition of admission to a childcaring institution other than a day-care facility; to authorize placement of a monitor in a facility including a day-care facility under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 663

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 a new Article 4 to read as follows: ARTICLE 4 49-5-90. As used in this article, the term: (1) `Child in care' means any person under the age of 17 years who has been admitted to, is cared for, or resides in a facility. (2) `Commissioner' means the commissioner of human resources or his designee. (3) `Corrective order' means an order by the commissioner detailing the findings of the commissioner or his designee regarding violations of law or rules or regulations of the department by an institution or other conditions threatening the health and safety of residents of the institution and the changes which the commissioner has ordered. (4) `Department' means the Department of Human Resources. (5) `Emergency order' or `order' means a written directive by the commissioner or his designee ordering the emergency relocation of residents, prohibiting admissions, or placing a monitor in a facility. (6) `Guardian' means a minor's parent, legal guardian, or conservator. (7) `Facility' means a child-caring institution or child welfare agency subject to licensure under the provisions of Article 1 of this chapter, unless specifically exempted by the rules and regulations. (8) `Monitor' means a person, designated by the department, to remain on-site in a facility, as an agent of the department, observing conditions. (9) `Preliminary hearing' means a hearing held by the department as soon as possible after the order is

Page 664

entered at the request of a facility which has been affected by an emergency order placing a monitor in the facility, relocating residents, or prohibiting admissions in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 49-5-91. (a) Emergency orders may be issued by the commissioner or his designee pursuant to findings by the department pursuant to surveys, inspections, or investigations, which are required or permitted by law, that departmental rules and regulations are being violated which threaten the health, safety, or welfare of children in care. (b) (1) (A) The commissioner may order the emergency relocation of residents from a child-caring institution other than a day-care facility subject to licensure under this chapter when the commissioner has determined that the residents are subject to an imminent and substantial danger. (B) When an order is issued under this subsection, the commissioner shall provide for: (i) Notice to the resident, his next of kin or guardian, and, where appropriate, his physician, of the emergency relocation and the reasons therefor; (ii) Relocation to the nearest appropriate child-caring institution; and (iii) Other protection designed to ensure the welfare and, when possible, the desires of the resident and his next of kin or guardian. (2) (A) The commissioner or his designee may order the emergency placement of a monitor or monitors in a facility upon a finding that department rules and regulations are being violated which threaten the health, safety, or welfare of children in care and when one or more of the following conditions are present: (i) The facility is operating without a permit;

Page 665

(ii) The department has denied application for permit or has initiated action to revoke the existing permit of the facility; or (iii) Children are suspected of being subjected to injury or life-threatening situation or the health or safety of the child or children is in danger. (B) A monitor may be placed in a facility for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the facility, nor shall the monitor be liable for any actions of the facility. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a facility shall be reimbursed to the department by the facility, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. (3) (A) The commissioner may order the emergency prohibition of admissions to a child-caring institution other than a day-care facility subject to licensure under this chapter when residents of an institution are in imminent and substantial danger or the institution has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (i) Could jeopardize the health and safety of the residents in the institution if allowed to remain uncorrected; or (ii) Is a repeat violation over a 12 month period.

Page 666

(B) Admission to an institution may be suspended until the violation has been corrected or until the department has determined that the institution has undertaken the action necessary to effect correction of the violation. (c) An emergency order shall contain the following: (1) The scope of the order; (2) The reasons for the issuance of the order; (3) The effective date of the order if other than the date the order is issued; (4) The person to whom questions regarding the order are to be addressed; and (5) Notice of the right to a preliminary hearing. (d) Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order. (e) Prior to issuing an emergency order to order the emergency relocation of residents, to prohibit admissions, or to require placement of a monitor in a facility which has been classified by the department as a child-caring institution or child welfare agency, the commissioner or his designee may consult with persons knowledgeable in the field of child care and a representative of the facility to determine if there is a potential for greater adverse effects on children in care as a result of the emergency order. 49-5-92. (a) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record,

Page 667

written evidence submitted by the institution affected, and a preliminary written argument in support of its contentions. (b) If a request is made to appear in person at the preliminary hearing, the institution shall provide the name and address of the person or persons, if any, who will be representing the institution in the preliminary hearing. (c) Upon receipt of a request for a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that an institution may request that such hearing be held earlier; provided, however, that in no event will a hearing be held on a weekend or holiday. (d) If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing. (e) The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing. (f) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or his designee. (g) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 668

HEARSAY EVIDENCESTATEMENTS BY CHILDREN UNDER 14 DESCRIBING SEXUAL CONTACT OR PHYSICAL ABUSE. Code Section 24-3-16 Enacted. No. 1448 (House Bill No. 289). AN ACT To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, so as to authorize certain hearsay statements made by certain children regarding sexual contact or physical abuse; 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 24 of the Official Code of Georgia Annotated, relating to general provisions regarding hearsay evidence, is amended by adding at the end thereof a new Code section to read as follows: 24-3-16. A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 669

CRIMINAL RECORDS CHECKS FOR PERSONS EXERCISING SUPERVISORY OR DISCIPLINARY POWER OVER CHILDREN. Code Sections 49-5-90 through 49-5-94 Enacted. No. 1449 (House Bill No. 1261). 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 authorize criminal records checks and determinations based thereon for persons exercising supervisory or disciplinary power over children in either paid or volunteer positions; to provide for definitions; to provide for procedures; to allow the furnishing of certain information from law enforcement agencies; to provide for fees; to provide for penalties; to provide for immunity from liability; to provide for certain uses of records checks; to provide that this Act shall not affect day-care center employees' records checks; 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 a new Article 4 to read as follows: ARTICLE 4 49-5-90. As used in this article, the term: (1) `Conviction' means a finding or verdict of guilty or a plea of guilty. (2) `Crime' means a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-5-24, relating to aggravated battery, when the victim is a minor; 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

Page 670

delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a felony violation of Chapter 13 of Title 16, relating to controlled substances; a violation of Code Section 16-5-1, relating to murder and felony murder; a violation of Code Section 16-4-1, relating to criminal attempt as it concerns attempted murder; or any other offense committed in another jurisdiction which, if committed in this state, would be deemed to be one of the enumerated crimes listed in this paragraph. (3) `Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this subparagraph shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were 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, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) `Employer' means any person, organization, corporation, or political subdivision which employs or uses the services of paid employees or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children. (5) `GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) `GCIC information' means criminal history record information as defined in Code Section 35-3-30.

Page 671

(7) `Records check' means a records check comparison of GCIC information. (8) `Records check application' means a set of classifiable fingerprints, a records search fee in an amount to be determined by the Georgia Bureau of Investigation to cover the reasonable cost of such records check, payable in such form as the GCIC may direct to cover the cost of a records check under this article, and an affidavit by the applicant consenting to a records check and 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. 49-5-91. (a) On and after July 1, 1986, an employer may require that a new or current employee or volunteer submit to a records check for the purpose of determining whether such person has ever been convicted of a crime or has a criminal record. (b) An employer seeking a records check on an employee shall submit a records check application to the GCIC. Upon receipt thereof, the GCIC shall promptly conduct a search of its records and records to which it has access. Within a reasonable time after receiving the application, the GCIC shall notify the employer in writing of any criminal record finding or of the fact of no such finding. 49-5-92. (a) The GCIC and law enforcement agencies which have access to GCIC information shall cooperate with employers who are authorized to obtain records checks on their employees in performing such checks and shall provide such information 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 article, 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,

Page 672

or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose 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. 49-5-93. (a) Other than for a knowing and malicious release of false information, neither GCIC, 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. However, no employee shall be suspended or dismissed from such employee's job due to any information provided in a records check until the employer obtains a certified copy of the original documents on which the charges identified in the records check are based. (b) An employer shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the provisions of this article. Any disciplinary action of any kind taken against any local school board employee and based in whole or in part on information obtained through a records check as provided in this article shall be subject to and governed by the provisions of Code Section 20-2-940. 49-5-94. This article shall be cumulative of and in addition to any other law requiring or permitting employees' records checks and shall not relieve any person from any duty or requirement under such other laws. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 673

CRIMES AND OFFENSESRETIRED PEACE OFFICERS; CARRYING PISTOLS IN PUBLICLY OWNED OR OPERATED BUILDINGS. Code Section 16-11-127 Amended. No. 1450 (House Bill No. 889). AN ACT To amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, so as to provide that peace officers retired from state or federal law enforcement agencies may carry pistols in publicly owned or operated buildings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to prohibiting the carrying of deadly weapons to or at public gatherings, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, and district attorneys may carry pistols in publicly owned or operated buildings. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 674

BOXINGBOXING WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DURG; STATE BOXING COMMISSION. Code Section 31-31-4.1 Amended. Code Section 31-31-7 Enacted. No. 1451 (House Bill No. 1191). AN ACT To amend Chapter 31 of Title 31 of the Official Code of Georgia Annotated, relating to the State Boxing Commission and licenses for boxing matches, so as to provide that it shall be unlawful for a professional boxer to participate in or attempt to participate in a boxing match while under the influence of alcohol or a drug; to provide for other matters and for penalties relative thereto; to provide for the repeal of said chapter on a certain date; to repeal a conflicting provision of the Act which created the State Boxing Commission and enacted said chapter, approved March 18, 1983 (Ga. L. 1983, p. 1986); 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 Annotated, relating to the State Boxing Commission and licenses for boxing matches, is amended by designating the present language of Code Section 31-31-4.1, relating to physical examinations of professional boxers, as subsection (a) of said Code section and by adding at the end of said Code section a new subsection (b) to read as follows: (b) (1) It shall be unlawful for any professional boxer to participate or attempt to participate in a boxing match while under the influence of alcohol or any durg. (2) A professional boxer shall be under the influence of alcohol or a drug for the purposes of paragraph (1) of this subsection if: (A) A physical examination of the professional boxer provided for by subsection (a) of this Code section

Page 675

reveals that the professional boxer's mental or physical ability is impaired in any way as a direct result of the use of alcohol or a drug; and (B) The physical examination of the professional boxer was made during a period of time beginning not more than six hours prior to the beginning of the boxing match and ending not more than one hour after the completion of the boxing match. (3) A professional boxer violating the provisions of paragraph (1) of this subsection may be punished by a fine not exceeding $25,000.00. Section 2 . Said chapter is further amended by adding at the end thereof a new Code Section 31-31-7 to read as follows: 31-31-7. This chapter shall stand repealed in its entirety on June 30, 1989, and on that date the State Boxing Commission shall stand abolished. Section 3 . An Act which created the State Boxing Commission and enacted Chapter 31 of Title 31 of the Official Code of Georgia Annotated, approved March 18, 1983 (Ga. L. 1983, p. 941), is amended by repealing Section 3, which reads as follows: Section 3. This Act shall stand repealed in its entirety on June 30, 1986, notwithstanding the terms of office of the members of the State Boxing Commission established by subsection (b) of quoted Code Section 31-31-2 of Section 1 of this Act., in its entirety. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 676

INSURANCEHEALTH MAINTENANCE ORGANIZATIONS; REGULATION AS INSURERS; CERTIFICATES OF AUTHORITY; EVIDENCE OF COVERAGE; RATES. Code Title 33, Chapter 21 Amended. No. 1452 (House Bill No. 1748). AN ACT To amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to include health maintenance organizations within the definition of insurer; to provide that domestic corporations may apply to the Commissioner of Insurance for a certificate of authority to operate and establish a health maintenance organization; to provide for documents and information which must be submitted when an application for a certificate of authority is submitted; to provide for application fees; to provide for annual license fees; to delete certain requirements for annual reports on complaint systems; to provide that a health maintenance organization must issue evidence of coverage under a health benefits plan; to provide for the contents of evidence of coverage; to provide for the filing of basic rates and methods of computation of charges with the Commissioner of Insurance prior to the use of such rates or charges; to provide standards for basic rates and charges; to provide for information to be annually supplied to enrollees in health maintenance organizations; to delete prohibitions relating to certain terms used in the names of health maintenance organizations; to provide for the rehabilitation, liquidation, or conservation of health maintenance organizations; to provide for matters relating to the organization and operation of health maintenance organizations; to delete certain restrictions on names used by health maintenance organizations; 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 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations,

Page 677

is amended by striking paragraph (7) of Code Section 33-21-1, relating to definitions, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Insurer' means every insurer authorized under this title to issue contracts of accident and sickness insurance. Hospital service nonprofit corporations, nonprofit medical service corporations, nonprofit health care corporations, and health maintenance organizations are included within such term. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 33-21-2, relating to the general procedure for establishing a health maintenance organization, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any stock, mutual, or nonprofit corporation whose charter powers include the business of a health maintenance organization may apply to the Commissioner for and obtain a certificate of authority to establish and operate a health maintenance organization in compliance with this chapter. No person shall establish or operate a health maintenance organization in this state, nor sell, offer to sell, solicit offers to purchase, nor receive advance or periodic consideration in conjunction with a health maintenance organization without obtaining a certificate of authority under this chapter. A foreign corporation may qualify under this chapter, subject to its registration to do business in this state as a foreign corporation under the appropriate provisions of Title 14. Section 3 . Said chapter is further amended by striking paragraphs (1) and (3) of subsection (b) of Code Section 33-21-2, relating to the general procedure for establishing a health maintenance organization, and inserting in their respective places new paragraphs (1) and (3) of subsection (b) to read as follows: (1) A copy of the corporation's charter and all amendments to the charter; . (3) A list of the names, addresses, and official positions of the persons who are to be responsible for the conduct of the affairs of the applicant, including all members of the

Page 678

board of directors, board of trustees, executive committee, or other governing board or committee, and the principal officers of the corporation; . Section 4 . Said chapter is further amended by striking subsection (d) of Code Section 33-21-3, relating to the grounds and procedure for issuance or denial of a certificate of authority, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The Commissioner of Insurance shall issue or deny a certificate of authority to any person filing an application pursuant to Code Section 33-21-2 within 90 days of receipt of the certification from the commissioner of human resources. Issuance of a certificate of authority shall be granted upon payment of the application fees prescribed in Code Sections 33-8-1 and 33-8-3 if the Commissioner of Insurance is satisfied that the following conditions are met: (1) The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy, possess good reputations, and have had appropriate administrative experience, training, or education in health care delivery systems or allied professions; (2) The commissioner of human resources certifies, in accordance with subsection (a) of this Code section, that the health maintenance organization's proposed plan of operation meets the requirements of subsection (b) of this Code section; (3) The health benefits plan constitutes an appropriate mechanism whereby the health maintenance organization will effectively provide or arrange for the provision of basic health care services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for copayments; (4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the Commissioner of Insurance may consider:

Page 679

(A) The financial soundness of the health benefits plan's arrangements for health care services and the schedule or charges used in connection with providing health care services; (B) The adequacy of working capital; (C) Any agreement with an insurer, a government, or any other organization for insuring the payment of the cost of health care services or the provision for automatic applicability of an alternative coverage in the event of discontinuance of the plan; (D) Any agreement with providers for the provision of health care services; and (E) Any deposit of cash or securities submitted in accordance with Code Section 33-21-10 as a guarantee that the obligations will be duly performed; (5) The enrollees will be afforded an opportunity to participate in matters of policy and operation pursuant to Code Section 33-21-6; (6) Nothing in the proposed method of operation, as shown by the information submitted pursuant to Code Section 33-21-2 or by independent investigation, is contrary to the public interest; and (7) Any deficiencies certified by the commissioner of human resources have been corrected. Section 5 . Said chapter is further amended by striking in its entirety Code Section 33-21-4, relating to renewal fees, and inserting in lieu thereof a new Code Section 33-21-4 to read as follows: 33-21-4. Every health maintenance organization subject to this chapter shall pay to the Commissioner of Insurance the annual license fee provided in Code Section 33-8-3. Section 6 . Said chapter is further amended by striking paragraph (5) of subsection (a) of Code Section 33-21-8, relating

Page 680

to the powers and duties of health maintenance organizations, in its entirety and inserting in lieu thereof a new paragraph (5) of subsection (a) to read as follows: (5) The contracting with another insurer licensed in this state for the provision of insurance, indemnity, or reimbursement against the cost of health care services provided by the organization; and. Section 7 . Said chapter is further amended by striking Code Section 33-21-9, relating to the establishment of a complaint system for health maintenance organizations, and inserting in lieu thereof a new Code Section 33-21-9 to read as follows: 33-21-9. (a) Every health maintenance organization shall establish and maintain a complaint system which has been approved by the Commissioner of Insurance after consultation with the commissioner of human resources to provide reasonable procedures for the resolution of written complaints initiated by enrollees or providers concerning health care services. (b) The health maintenance organization shall maintain records of written complaints concerning health care services for five years from the time the complaints are filed and shall submit to the Commissioner of Insurance a summary report at such times and in such format as the Commissioner of Insurance may require. (c) The Commissioner of Insurance or the commissioner of human resources may examine the complaint system at any time. Section 8 . Said chapter is further amended by striking Code Section 33-21-13, relating to the issuance and contents of evidence of coverage, in its entirety and inserting in lieu thereof a new Code Section 33-21-13 to read as follows: 33-21-13. (a) Every enrollee residing in this state is entitled to evidence of coverage under a health benefits plan. The health maintenance organization shall issue the evidence of coverage. (b) No evidence of coverage or amendment to the evidence of coverage shall be issued or delivered to any person

Page 681

in this state until a copy of the form of the evidence of coverage or amendment thereto has been filed with and approved by the Commissioner. (c) An evidence of coverage shall contain: (1) No provisions or statements which are unjust, unfair, inequitable, misleading, or deceptive, which encourage misrepresentation, or which are untrue, misleading, or deceptive as defined in paragraphs (1) through (3) of subsection (a) of Code Section 33-21-26; and (2) No provisions or statements which are in violation of Code Section 33-24-23 or paragraph (11) of subsection (b) of Code Section 33-29-4; and (3) A clear and complete statement, if a contract, or a reasonably complete summary, if a certificate, of: (A) The health care services and the insurance or other benefits, if any, to which the enrollee is entitled under the health benefits plan; (B) Any limitations on the services, kind of services, benefits, or kind of benefits to be provided, including any deductible or copayment feature; (C) Where and in what manner information is available as to how services may be obtained; (D) The total amount of payment for health care services and the indemnity or service benefits, if any, which the enrollee is obligated to pay with respect to individual contracts or an indication whether the plan is contributory or noncontributory with respect to group certificates; and (E) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints; and (4) Any subsequent change may be evidenced in a separate document issued to the enrollee.

Page 682

(d) A copy of the form of the evidence of coverage to be used in this state and any amendment thereto shall be subject to the filing and approval requirements of subsection (b) of this Code section unless it is subject to the jurisdiction of the Commissioner under the laws governing health insurance in which event the filing and approval provisions of such laws shall apply. To the extent, however, that the provisions do not apply to the requirements in subsection (c) of this Code section, the requirements in subsection (c) of this Code section shall be applicable. (e) (1) Basic rates along with the method of computation of charges for enrollee coverage must be filed with and approved by the Commissioner prior to use. (2) The basic rates and the method of computation of specific rate charges shall be established in accordance with actuarial principles for various categories of enrollees, provided that charges applicable to an enrollee shall not be individually determined based on the status of his health. Basic rates and charges shall not be excessive, inadequate, or unfairly discriminatory. A certification by a qualified actuary to the appropriateness of the basic rates, based on reasonable assumptions as to expected medical expenses, administrative expenses, and margins for contingencies, shall accompany the filing along with adequate supporting information. (f) The Commissioner shall, within a reasonable period, approve any form if the requirements of subsections (a) through (e) of this Code section are met. It shall be unlawful to issue the form until approved. If the Commissioner disapproves the filing, he shall notify the filer. The Commissioner shall specify the reasons for his disapproval in the notice. At the expiration of 90 days the form or basic rate or method of computation of charges so filed shall be deemed approved unless prior to such expiration the filing has been approved or disapproved by the Commissioner. (g) The Commissioner may require the submission of whatever relevant information he deems necessary in determining whether to approve or disapprove a filing made pursuant to this Code section.

Page 683

Section 9 . Said chapter is further amended by striking Code Section 33-21-14, relating to the provision of information to enrollees, in its entirety and inserting in lieu thereof a new Code Section 33-21-14 to read as follows: 33-21-14. Every health maintenance organization shall annually provide to its enrollees: (1) A description of services and information as to where and how to secure them; and (2) A clear and understandable description of the health maintenance organization's method for resolving enrollee complaints. Section 10 . Said chapter is further amended by striking Code Section 33-21-24, relating to the rehabilitation, liquidation, and conservation of health maintenance organizations, in its entirety and inserting in lieu thereof a new Code Section 33-21-24 to read as follows: 33-21-24. Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. The Commissioner may apply for an order directing him to rehabilitate, liquidate, or conserve a health maintenance organization upon any one or more grounds set forth in Chapter 37 of this title, relating to the rehabilitation, liquidation, or conservation of insurers or when in his opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or to the people of this state. Section 11 . Said chapter is further amended by striking Code Section 33-21-25, relating to the organization and operation of health maintenance organizations, in its entirety and inserting in lieu thereof a new Code Section 33-21-25 to read as follows: 33-21-25. Notwithstanding any other law which may be inconsistent with this Code section, an insurer, a hospital

Page 684

service nonprofit corporation, a nonprofit medical service corporation, or a nonprofit health care corporation licensed in this state may directly or through a subsidiary or affiliate organize and operate a health maintenance organization. Section 12 . Said chapter is further amended by striking subsection (d) of Code Section 33-21-26, which reads as follows: (d) No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words `insurance,' `casualty,' `surety,' `mutual,' or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this state., in its entirety. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. GUARDIAN AND WARDESTATE PLANNING TAX-MOTIVATED DISPOSITIONS OF A WARD'S PROPERTY AUTHORIZED. Code Section 29-5-5.1 Enacted. No. 1453 (House Bill No. 493). AN ACT To amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, so

Page 685

as to authorize a guardian under certain conditions to make estate planning tax-motivated dispositions of the ward's property; to provide for conditions and procedures; 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 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated persons, is amended by adding between Code Section 29-5-5 and Code Section 29-5-6 a new Code Section 29-5-5.1 to read as follows: 29-5-5.1. (a) On application of the guardian of the property of an adult ward, or any interested party, and after notice to all interested persons and to such other persons as the court may direct, and on a showing that the ward will probably remain incompetent during that ward's lifetime, the superior court may, after hearing and by order, authorize the guardian of the property to apply such principal or income of the ward's estate that is not required for the support of the ward during that ward's lifetime or for the support of those persons who are legally dependent upon such ward toward the establishment of an estate plan for the purpose of minimizing income, estate, inheritance, or other taxes payable out of the ward's estate. The court may authorize the guardian of the property to make transfers of the ward's personal or real property, outright or in trust, on behalf of the ward, upon a finding that a competent reasonable person in the ward's circumstances would make the transfers and that there is no evidence that the ward, if competent, would not make the transfers, and shall take into consideration the following factors: (1) The value of the entire estate of the ward, other sources of support available to the ward, and the income produced thereby; (2) The probable expenses for support, care, and maintenance of the ward and for the support of those

Page 686

persons who are legally dependent upon such ward for the remainder of the ward's lifetime in the standard of living to which the ward and such legally dependent persons have become accustomed; (3) The identity of the proposed transferees, and in particular whether they are natural objects of the ward's bounty by relationship or prior behavior of the ward; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; and (5) Any previous history of or predisposition toward making similar transfers by the ward. (b) Any party in interest who shall bring a petition under this section, including the guardian of the person or the guardian of the property, shall be eligible to receive transfers under this Code section provided such party in interest is shown to be a natural object of the ward's bounty by relationship or prior behavior of the ward. (c) The court shall appoint a guardian ad litem for the ward and any minor interested party and the court may appoint a guardian ad litem at any stage of the proceedings, if deemed advisable, for the protection of any other interested party. (d) Modifications of an approved plan may be made by similar application to the court. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 687

ADOPTIONIRREVOCABLE RELEASE OR CONSENT TO ADOPTION BY THE GUARDIAN OF A CHILD IN A FOREIGN COUNTRY; RECOGNITION. Code Section 19-8-17 Amended. No. 1454 (House Bill No. 1211). AN ACT To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, so as to provide that a clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized by this state; 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 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoptions, is amended by striking in its entirety Code Section 19-8-17, relating to the recognition and effect of decrees, and inserting in its place a new Code Section 19-8-17 to read as follows: 19-8-17. (a) A decree of a court terminating the relationship of parent and child or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child in a foreign country where the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent

Page 688

or release shall be deemed to satisfy the requirements of Code Sections 19-8-4 and 19-8-7. (b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection, as amended, had been effective at the time such proceeding was filed or concluded shall be governed by the provisions of subsection (a) of this Code section, as amended. (c) Any adoption proceeding pending in a court of competent jurisdiction in this state in which no final order of adoption has been entered as of April 1, 1986, to which the provisions of subsection (a) of this Code section are applicable shall be governed by the provisions of subsection (a) of this Code section, as amended. Section 2 . This Act shall become effective on April 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. INSURANCEGROUP HEALTH CONTRACTS; CONTINUING COVERAGE AFTER CANCELLATION; CONVERSION RIGHTS; CERTIFICATES; NOTICES OF TERMINATION OF COVERAGE. Code Section 33-24-21.1 Enacted. Code Section 33-30-12 Repealed. No. 1455 (House Bill No. 212). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide

Page 689

that certain group health contracts and plans must provide certain continuing coverage after cancellation; to provide that such group health contracts and plans must provide certain conversion rights; to provide that such requirement shall apply to group accident and sickness insurance policies and contracts, group contracts issued by nonprofit hospital service corporations, group contracts issued by health care plans, group contracts issued by health maintenance organizations, and similar accident and sickness benefit plans, policies, and contracts; to provide provisions to be included in certificates issued to group members; to provide for administration by the Commissioner of Insurance; to provide for all related matters; to amend Chapter 30 of Title 33, relating to group accident and sickness insurance, so as to repeal certain requirements for notice of termination of coverage under certain group accident and sickness insurance policies; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, is amended by adding a new Code Section 33-24-21.1 to read as follows: 33-24-21.1. (a) As used in this Code section, the term: (1) `Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (2) `Group contract or group plan' is synonymous with the term `contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title;

Page 690

(D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (3) `Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (4) `Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c) Any group member whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer,

Page 691

to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the coversion privileges contained in the group contract or group plan. (d) A group member shall not be entitled to have coverage continued if: (1) termination of coverage occurred because the employment of the group member was terminated for cause; (2) termination of coverage occurred because the group member failed to pay any required contribution; or (3) any discontinued group coverage is immediately replaced by similar group coverage. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member's coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member that he or she must exercise his or her conversion rights within 30 days of such notice. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. Any group member whose insurance under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy)

Page 692

or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to covert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. The premium of the converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. (g) Each group certificate issued to each group member, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provision shall clearly set forth a full description of the continuation right available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation. (h) The Commissioner shall adopt such rules and regulations as he deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (i) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1986, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1986. Section 2 . Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance,

Page 693

is amended by repealing Code Section 33-30-12, which reads as follows: 33-30-12. (a) As used in this Code section, the term: (1) `Group health insurance policy' means an accident and sickness insurance policy or subscriber contract which provides benefits on a medical expense incurred basis and which is issued or provided by an insurer on a group or group-type basis covering persons as employees of employers or as members of unions or associations. (2) `Group-type basis' means a benefit plan, other than a salary budget plan utilizing individual insurance policies or contracts, which meets the following conditions: (A) Coverage is provided through insurance policies or subscriber contracts to classes of employees or members defined in terms of conditions pertaining to employment or membership. (B) The coverage is not available to the general public and can be obtained and maintained only because of the covered person's employment or membership in or in connection with the particular union or association; (C) There are arrangements for bulk payment of premiums to the insurer; and (D) There is sponsorship of the plan by the employer, union, or association. (3) `Insurer' means an insurance company, nonprofit hospital service corporation, medical service nonprofit corporation, fraternal benefit society, health care plan, health maintenance organization, or other similar entity which issues or provides a group health insurance policy. (4) `Premium' means the premium or subscription charge for a group health insurance policy. (b) Every group health insurance policy issued or issued for delivery in this state which covers less than 200 lives

Page 694

shall contain a provision to the effect that, in the event that there is a cancellation of coverage under the policy by the insurer and no replacement policy is provided through the employer, union, or association, a written notice shall be sent to at least the last 50 certificate holders, subscribers, or individual policyholders in this state, or the actual number of such persons if less, to or for whom the insurer has paid benefits under the policy within the last 12 months advising such persons that their coverage is being terminated. The notice shall be sent to each such person by firstclass mail to the last home address of such person contained in the files of the insurer or, if no name or address is contained in the insurer's files, to such person in care of the employer, union, or association, marked `personal,' advising them that their coverage is being terminated. The notice shall be sent to each such person by first-class mail at least 20 days prior to the last date of coverage under the policy, the last day of any applicable grace period, or the last date on which any insured has an opportunity to exercise any conversion privilege under the policy, whichever shall last occur. Such notice shall advise such persons of their benefits and rights during any applicable grace period and shall request that the persons receiving such notice inform other persons covered under the policy of the termination of coverage. (c) In no event shall an individually underwritten and issued insurance policy which provides a contractual right of renewal regardless of employment or membership in or connection with any particular union, association, organization, or group be deemed to be issued on a group-type basis, irrespective of the mode or channel of premium payment and regardless of any reduction in premium the covered person may receive by virtue of such method of premium collection., in its entirety. Section 3 . This Act shall become effective on July 1, 1986, except that Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 695

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. INSURANCENOTICES OF TERMINATION, INCREASES IN PREMIUM RATES, OR CHANGES IN COVERAGE; ACCIDENT AND SICKNESS POLICIES; ALCOHOLISM AND DRUG ADDICTION; UNFAIR TRADE PRACTICES. Code Section 33-6-5 Amended. Code Sections 33-24-28.3 and 33-24-47 Enacted. No. 1456 (House Bill No. 1503). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for applicability; to require a notice of termination, an increase in premium rate, or any change in any policy provision which limits or restricts coverage to be delivered or mailed to an insured in writing at least 45 days prior to the termination date of the policy; to provide that failure to give such notice shall result in an automatic extension of the policy; to provide for pro rata premium payments; to provide that certain policies of accident and sickness insurance issued, delivered, or issued for delivery in this state which provides specific benefits for the treatment of alcoholism or drug addiction shall not exclude the payment or reimbursement of such covered hospital or medical service benefits to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons; to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and other unfair acts, so as to provide that it shall be an unfair trade practice for an insurer to cancel an entire line or class

Page 696

of business without demonstrating to the Commissioner that continuation would be hazardous to the public or in violation of law; to provide certain immunity from liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code Section 33-24-47 to read as follows: 33-24-47. (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. (b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premium rates, other than an increase in premium rates due to a change in risk or exposure, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premium rate and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of

Page 697

this Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. 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 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. Section 2 . Said chapter is further amended by adding a new Code Section 33-24-28.3 following Code Section 33-24-28.2 to read as follows: 33-24-28.3. No policy of accident and sickness insurance, other than a policy of accident and sickness insurance issued in connection with an extension of credit, which is issued, delivered, or issued for delivery in this state by an insurer, nonprofit medical service plan, nonprofit hospital service plan, health care plan, fraternal benefit society, or health maintenance organization authorized to transact insurance in this state and which provides specific benefits for the treatment of alcoholism or drug addiction, shall exclude the payment or reimbursement of such covered hospital or medical service benefits which would otherwise be payable to a hospital duly licensed in this state solely because such hospital specializes in the treatment of alcoholics or drug addicts and is operated primarily for the treatment of such persons. Section 3 . Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair methods of competition and other unfair acts, is amended by striking paragraphs (10) and (11) in their entirety and inserting in lieu thereof new paragraphs (10), (11), and (12) to read as follows: (10) No insurer shall refuse to insure an individual, refuse to continue to insure an individual, limit the amount,

Page 698

extent, or kind of coverage available to an individual, or charge an individual a different rate for coverage solely because the individual is blind or partially blind; (11) Each insurer which acquires a salvage motor vehicle, as defined in Code Section 40-3-2, shall, within 15 days of acquisition, apply for a salvage certificate of title, and no insurer shall sell, convey, or transfer any such salvage motor vehicle without first applying for and obtaining a salvage certificate of title; and (12) No insurer shall cancel an entire line or class of business unless the insurer demonstrates to the satisfaction of the Commissioner that continuation of such business would violate the provisions of this title or would be hazardous to its policyholders or the public. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986. INSURANCEAGREEMENTS AMONG INSURERS AS TO EQUITABLE APPORTIONMENT OF PROPERTY AND CASUALTY INSURANCE RISKS; APPROVAL; REFUNDS OF PORTIONS OF PREMIUMS AS A RESULT OF CERTAIN VIOLATIONS. Code Sections 33-9-7, 33-9-8, and 33-9-29 Amended. No. 1457 (Senate Bill No. 553). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, so as to authorize agreements among insurers

Page 699

with respect to the equitable apportionment of certain property and casualty insurance risks; to require that such agreements apportioning property and casualty insurance risks be approved by the Commissioner of Insurance; to authorize the Commissioner of Insurance to order the refund of portions of premiums received from policyholders as the result of a violation of Chapter 9 of Title 33; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rule making, rates, and related organizations, is amended by striking subsection (a) of Code Section 33-9-7, relating to agreements among insurers apportioning certain insurance risks, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Agreements may be made among admitted insurers with respect to the equitable apportionment among them of property and casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, and with respect to the use of reasonable rate modifications for such insurance, such agreements to be subject to the approval of the Commissioner. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 33-9-8, relating to requirements and approval of agreements among insurers apportioning certain insurance risks, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Agreements shall be made among admitted property and casualty insurers with respect to the equitable apportionment among them of property and casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods upon the determination by the Commissioner in writing that an agreement relative to a given kind or kinds of property and casualty insurance is necessary to protect the health, property, and welfare of the citizens

Page 700

of Georgia. All of the agreements shall be subject to the approval of the Commissioner and upon his approval shall have the effect of rules and regulations promulgated by the Commissioner. Section 3 . Said chapter is further amended by striking paragraph (1) of Code Section 33-9-29, relating to the issuance of remedial orders by the Commissioner of Insurance generally, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) That any rate, rating plan, or rating system violates the applicable provisions of this chapter, he may issue an order to the insurer or rating organization which has been the subject of the hearing specifying in what respects the violation exists and stating when, within a reasonable period of time, the further use of the rate or rating system by the insurer or rating organization in contracts of insurance made thereafter shall be prohibited and may further order that the portion of premiums received from current policyholders as a result of the most recent rate increase at the time the notice of such hearing is issued shall be refunded to the policyholders;. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1986.

Page 701

MAGISTRATE COURTSPREJUDGMENT ATTACHMENT; DEFAULT JUDGMENTS; APPEALS; EXECUTIONS; CLERKS. Code Title 15, Chapter 10 Amended. No. 1458 (Senate Bill No. 340). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that prejudgment attachment may not be granted by a magistrate court; to provide that with certain exceptions the chief magistrates of certain counties must be active members of the State Bar of Georgia; to provide that only certain appeals may be had from default judgments in the magistrate courts; to provide for opening of defaults in certain cases; to provide for relief from judgments of the magistrate courts; to provide for recording of executions in the general execution docket kept by the clerk of superior court; to provide a minimum age requirement for clerks of the magistrate court; to provide for the powers and duties of the clerks; to provide for all matters related to the foregoing; 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 entirety paragraph (5) of Code Section 15-10-2, relating to the jurisdiction of magistrate courts, and inserting in its place a new paragraph (5) to read as follows: (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $2,500.00, provided that no prejudgment attachment may be granted;. Section 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-10-41, relating

Page 702

to trials in and appeals from magistrate courts, and inserting in its place a new subsection (b) to read as follows: (b) Except as otherwise provided in this subsection, 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. No appeal shall lie from a default judgment entered in the magistrate court, provided that the defaulting party may, upon payment of costs, reopen the case in the magistrate court at any time prior to the expiration of 15 days following the day of default. Any case so reopened shall stand immediately immediately ready for trial. In the event that a default is not opened within the requisite period of time, review shall be by certiorari to the state court of the county or to the superior court of the county. Section 3 . Said chapter is further amended by adding at the end of Code Section 15-10-43, relating to proceedings on civil claims, new subsections (e), (f), and (g) to read as follows: (e) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial. (f) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seems just.

Page 703

(g) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record. Section 4 . Said chapter is further amended by striking in its entirety Code Section 15-10-47, relating to money judgments in civil cases, and inserting in its place a new Code Section 15-10-47, to read as follows: 15-10-47. (a) 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. (b) Upon the issuance of any execution by the magistrate court, the clerk of the magistrate court shall immediately transmit a copy of the execution to the clerk of superior court of the county. The clerk of the superior court shall immediately enter the execution upon the general execution docket in the same manner as executions issued by the superior court, without the necessity of any action by the plaintiff in fi. fa. The clerk of superior court shall not charge or collect any fee for such entry. Section 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-10-49, relating to procedure in attachment, garnishment, dispossessory, and distress warrant proceedings, and inserting in its place a new subsection (a) to read as follows: (a) Procedure in attachment cases shall be subject to Chapter 3 of Title 18, except that there shall be no prejudgment attachment granted in the magistrate court. Section 6 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 15-10-105, relating to the selection, compensation, and eligibility of clerks of magistrate courts, and inserting in its place a new subsection (f) to read as follows:

Page 704

(f) The eligibility for clerk is the same as for magistrate, except that a clerk shall be required to be at least 18 years of age. Section 7 . Said chapter is further amended by adding after Code Section 15-10-105 a new Code Section 15-10-105.1 to read as follows: 15-10-105.1. (a) The duties of the clerk shall be as assigned by the chief magistrate. (b) The authority of the clerk of magistrate court shall include the power: (1) To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer; (2) To receive the amounts of all costs due in the court of which they are clerks and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise; and (3) To advertise under the same rules and restrictions as apply to sheriffs. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1986.

Page 705

GEORGIA DEVELOPMENT AUTHORITYMEMBERSHIP; POWERS; PROGRAMS; TAX EXEMPTION OF PROPERTY; VENUE. Code Title 50, Chapter 10 Amended. No. 1459 (House Bill No. 1686). AN ACT To amend Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, so as to revise extensively the provisions relating to the Georgia Development Authority; to change the membership; to provide for the appointment and terms of members of the authority; to provide the powers of the authority; to provide for certain programs of the authority; to provide that property of the authority, including long-term notes secured by real estate and held by the authority, shall be tax-exempt; to provide for the venue of legal actions brought against the authority; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Development Authority, is amended by striking subsections (c) and (d) of Code Section 50-10-2, relating to legislative intent and the Georgia Development Authority, which read as follows: (c) It is found and declared that there exists a great and growing need in the state for the construction of environmental facilities for the furnishing of clear and wholesome water to the general public and for the preservation and improvement of the quality of the environment. Financial assistance is an important inducement to construct such facilities and, therefore, this necessity, in the public interest and for the public benefit and good, is declared as a matter of legislative determination. (d) It is further the purpose and intent of this chapter to provide an instrumentality to provide environmental facilities

Page 706

to assist local governments in constructing, extending, rehabilitating, repairing, and renewing environmental facilities and to assist in the financing of such needs by providing grants, loans, bonds, and other assistance to local governments. Section 2 . Said chapter is further amended by striking from subsection (a) of Code Section 50-10-3, relating to the creation and membership of the authority, generally, the following: 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, 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., and inserting in lieu thereof the following: The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commissioner of industry and trade, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026., so that when so amended subsection (a) of Code Section 50-10-3 shall read as follows:

Page 707

(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 seven members: the Commissioner of Agriculture, ex officio, who shall be chairman of the authority; the state auditor, ex officio; the commissioner of industry and trade, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve for terms of office of four years and until their successors are appointed and qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga. L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026. Section 3 . Said chapter is further amended by striking subsections (d) and (e) of Code Section 50-10-3, relating to the creation and membership of the authority, which read as follows: (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 under the terms of Public Law 499, Eighty-first Congress, Second Session, with other assets of the authority. The Rural Rehabilitation Committee shall maintain a separate accounting of such assets and shall maintain suitable books and records of such assets which shall be audited as are the books and records of the authority for other assets. Contracts

Page 708

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., and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) 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, shall be administered by the authority under the terms of such law, and the authority shall be authorized to employ agents to accomplish such administration. The authority shall not 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 authority 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. (e) The authority is assigned to the Department of Agriculture for administrative purposes only. Section 4 . Said chapter is further amended by striking Code Section 50-10-4 through Code Section 50-10-21 which read as follows: 50-10-4. As used in this chapter, the term: (1) `Authority' means the Georgia Development Authority. (2) `Bond' includes revenue bond. (3) `Cost of project' or `cost of any project' means: (A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;

Page 709

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

Page 710

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

Page 711

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

Page 712

(9) `Municipal corporation' or `municipality' means any city or town in this state. (10) `Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which are authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (11) `Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities. (12) `Revenue bond' includes bond. (13) `Sewerage facility' means any environmental facility described in subparagraph (B) of paragraph (5) of this Code section, defining `environmental facilities.' (14) `Water facility' means any environmental facility described in subparagraph (A) of paragraph (5) of this Code section, defining `environmental facilities.' 50-10-5. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be: (1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning

Page 713

of Public Law 499, Eighty-first Congress, Second Session; and nothing contained in this chapter shall be construed to permit the violation of trust agreements, contracts, or other obligations entered into by the state or the authority pursuant to Public Law 499, Eighty-first Congress, Second Session, or to encumber assets of the authority necessary to the performance of such trust agreements, contracts, or obligations, and no bonds, revenue bonds, notes, or other obligations of the authority issued for an environmental facility project may encumber assets of the authority provided to it under the provisions of Public Law 499, Eighty-first Congress, Second Session, nor any funds derived or to be derived from such assets. The authority shall at no time commingle funds obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such assets with other funds of the authority, and such funds shall not be liable for any deficit, default, or failure of any environmental facility project; nor shall funds obtained by the authority, through the issuance of obligations or otherwise, for environmental facility projects be liable for any deficit, default, or failure of any program insured, guaranteed, or involving funds obtained by the authority under Public Law 499, Eighty-first Congress, Second Session, or arising under Public Law 499, Eighty-first Congress, Second Session; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; (3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose; and (4) Assistance to local governments in constructing, extending, rehabilitating, repairing, replacing, and renewing environmental facilities needs necessary for public purposes and commercial, residential, and industrial development or necessary or incidental to such development by providing grants, loans, bonds, and other forms

Page 714

of financial and technical assistance to local governments by providing such facilities. (b) The corporate powers of the authority shall be those provided in this chapter. (c) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the Rural Rehabilitation Committee involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee made by the Rural Rehabilitation Committee. The reserve or insurance fund of the authority may be invested. (d) Except as otherwise limited by this chapter, the authority's powers are reaffirmed and expanded as follows, which reaffirmed and expanded powers are to be considered cumulative of the powers previously given the authority. The authority shall have power: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions,

Page 715

or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation; (6) To finance by loan, loan guarantee, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renew, replace, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, lease, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments or state or local governmental agencies for the acquisition or construction of agricultural, industrial, or commercial facilities and of environmental facilities by any such local government or state or local governmental agency and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security

Page 716

agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of: (A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (11) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state;

Page 717

(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located

Page 718

within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured

Page 719

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

Page 720

or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (19) To contract with state agencies or any local government for the use by the authority of any property or facilities or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority and such state agencies and local governments are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local government, or other entity, including the federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations,

Page 721

insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (24) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter;

Page 722

(25) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (26) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter; and (28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers. (e) The authority shall not have the power of eminent domain. 50-10-6. (a) The authority may make loans to a local government to pay all or any part of the cost of a project. The authority may require the local government to issue bonds or revenue bonds as evidence of such loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any loan to a local government that such local government shall perform any or all of the following: (1) In the case of loans for a sewerage facility, establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such sewerage facility, including the principal

Page 723

of and interest on the bond, revenue bond, note, or other obligation issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of loans for a water facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the water facility of such local government; and (B) Outstanding indebtedness incurred for the purposes of such water facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are

Page 724

authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges. 50-10-7. (a) For the purposes of this chapter, the term `lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of environmental services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such environmental facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government

Page 725

shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that to the environmental facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following: (1) In the case of a sewerage facility, to establish and collect sewer rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, replacement, and repairs of the sewerage facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such sewerage facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (2) In the case of a water facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) The costs of operation, maintenance, renewal, and repairs of the water facility of such local government; and

Page 726

(B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such water facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds, as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment. 50-10-8. (a) The authority shall have the power and is authorized from time to time to issue bonds, in such principal amounts as it may determine to be necessary to pay all or a portion of the cost of any project or environmental facilities, to provide amounts necessary for any corporate purposes, including incidental expenses in connection with the issuance of the bonds. (b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to local environmental facility projects. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds

Page 727

whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority shall be special obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the holders of outstanding bonds pledging any particular revenues or moneys. (e) (1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the holders of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in such form, either coupon or registered, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide. Bonds may

Page 728

be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the holders of the bonds thereby authorized as to: (A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property to secure the payment of the bonds, subject to such agreements with bondholders as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued; (E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, including the proportion of bondholders which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority

Page 729

may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to Code Section 50-10-11 and limiting or abrogating the rights of the bondholders to appoint a trustee under such Code section or limiting the rights, duties, and powers of such trustee; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bondholders and providing for the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bondholders. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition

Page 730

of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the holders of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairman and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. Coupons, if any, shall be executed in the name of the authority by the chairman of the authority, the facsimile signature of the chairman and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs; and the facsimile of the chairman's signature shall be used on coupons, if such are attached. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office.

Page 731

(7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond: (A) One dollar each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia

Page 732

law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof. (14) The authority, subject to such agreements with bondholders as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following: (A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest

Page 733

rate specified in such notices and in the petition and complaint. 50-10-9. The authority shall not enter into any contract or agreement with any local government with respect to the financing of any environmental facility pursuant to this chapter, unless the director of the Environmental Protection Division of the Department of Natural Resources shall have completed all existing statutory reviews and approvals with respect to such project. Nothing in this chapter shall be construed to diminish the full authority and responsibility of the director of the Environmental Protection Division for existing statutory reviews and approvals. 50-10-10. The bonds of the authority are made securities in which all public officials and bodies of the state and all municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized. 50-10-11. The State of Georgia does pledge to and agree with the holders of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the holders of bonds or in any way impair the rights and remedies of bondholders until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged or funds for the payment of such are fully provided.

Page 734

The authority is authorized to include this pledge and agreement of the state in any agreement with bondholders. 50-10-12. Neither the members of the authority nor any officer or employee of the authority acting in behalf thereof, while acting within the scope of his authority, shall be subject to any liability resulting from: (1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority; (2) The construction, ownership, maintenance, or operation of any sewerage system, environmental facility, or water system owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter. 50-10-13. The provisions of this chapter shall be liberally construed to effect the purpose hereof. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 1, of Title 10, known as the `Georgia Securities Act of 1973.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum. 50-10-14. No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt. 50-10-15. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate

Page 735

purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-10-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-10-17. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-10-18. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter. 50-10-19. The authority is specifically authorized, to the extent permitted under the Constitution of this state, to use the proceeds of general obligation debt incurred by the state on such projects and for such purposes as are described by the General Assembly of Georgia in legislation stating the purposes for which such debt is incurred.

Page 736

50-10-20. Nothing contained in this chapter shall permit the authority to issue bonds or revenue bonds at any time when the sum of: (1) The highest aggregate annual debt service requirements for the then current fiscal year or any subsequent fiscal year for outstanding authority bonds or revenue bonds, including the proposed bonds or revenue bonds; and (2) The highest annual debt service requirements for the then current fiscal year or any subsequent fiscal year on general obligation debt of the state issued for authority projects exceeds 1 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such bond or revenue bond is to be issued. 50-10-21. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the director of the Fiscal Division of the Department of Administrative Services who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state., and inserting in lieu thereof the following: 50-10-4. (a) The corporate purpose and the general nature of the business of the Georgia Development Authority shall be:

Page 737

(1) Rural rehabilitation permissible under the charter of the Georgia Rural Rehabilitation Corporation and contained in paragraph (3) thereof and within the meaning of Public Law 499, Eighty-first Congress, Second Session; (2) The development of agriculture and industry generally within the state by providing, securing, or guaranteeing loans for such purposes; and (3) Possession of and operation under any franchise, license, or permit granted to it by the United States or this state for a business purpose. (b) The corporate powers of the authority shall be those provided in this chapter and those additional powers provided in subparagraph (a)(3)(C) and paragraphs (1) through (6), (8), (11), and (19) of subsection (b) of Code Section 14-2-21 and in Code Section 14-2-147. 50-10-5. (a) (1) In addition to, and not in limitation of, the powers granted in this chapter, the Georgia Development Authority shall have and may exercise the power and authority to guarantee or insure loans made for rural rehabilitation purposes or for agricultural and industrial development, provided that, with respect to any such guarantee or contract of insurance made by the authority involving an asset provided to the authority under Public Law 499, Eighty-first Congress, Second Session, the authority shall maintain a reserve or insurance fund out of such assets in an amount not less than 15 percent of the contingent liability existing by reason of any such contracts of insurance or guarantee. The reserve or insurance fund of the authority may be invested. (2) Any funds or assets of the authority obtained under the provisions of Public Law 499, Eighty-first Congress, Second Session, or funds derived from such funds or assets, shall not be liable for any deficit, default, or failure of any environmental facility project and the authority shall not be obligated on, responsible for, or liable on any obligation of any kind entered into relating to environmental facility projects. The authority shall only

Page 738

be responsible for those obligations related to the funds or assets of the authority received under Public Law 499, Eighty-first Congress, Second Session and funds or assets derived therefrom. (b) In addition to the powers granted in Code Section 50-10-4 and subsection (b) of this Code section, the authority shall have the power: (1) To bring and defend an action in all courts, the original jurisdiction and venue of such actions against the authority being in the Superior Court of Fulton County; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, and to make loans, to provide security for loans, or to guarantee loans for the purpose of developing agriculture or industry; provided, however, that the authority shall not make any such loan or guaranty or provide any such security or issue any bonds, notes, or other obligations in connection therewith, unless the authority shall adopt a resolution finding that the project for which such loan or guaranty is to be made or for which such security is to be provided will promote the development of agriculture or industry; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (5) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation; (6) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases,

Page 739

trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (7) To collect fees and charges in connection with its loans, commitments, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (8) To invest, subject to any agreement with bond-holders, moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality

Page 740

in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph;

Page 741

(F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys and provided, further, that all moneys in each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall be continuously and fully secured by obligations described in subparagraph (A), (B), (C), or (D) of this paragraph, equal at all times to the amount of the interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangements; (9) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (10) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government

Page 742

or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (8) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (11) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (12) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine; (13) To adopt bylaws governing the conduct of business by the authority, the election of officers of the authority other than the chairman, the duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (14) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (15) To do all things necessary or convenient to carry out the powers conferred by this chapter; and (16) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its power. (c) The authority shall not have the power of eminent domain.

Page 743

50-10-6. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall not include any exemption from sales and use tax on property purchased by the authority or for use by the authority. 50-10-7. Long-term notes secured by real estate and held by the authority or its assignees shall be exempt from the intangible recording tax imposed by Article 3 of Chapter 6 of Title 48. 50-10-8. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor. 50-10-9. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights. 50-10-10. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.

Page 744

Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1986. HEALTHHEALTH PLANNING REVIEW BOARD; PRACTICES AND PROCEDURES; APPEALS; HOSPITALS OWNED BY HOSPITAL AUTHORITIES OR POLITICAL SUBDIVISIONS; USE OF PROCEEDS FROM SALE. Code Section 31-6-44 Amended. Code Section 31-7-75.1 Enacted. No. 1460 (Senate Bill No. 56). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change certain administrative and judicial procedures regarding decisions and appeal hearings of the Health Planning Review Board; to provide that certain proceeds received from the sale of certain hospitals will be used in funding the provision of hospital care for certain indigent persons; to provide for procedures and conditions relating thereto; to provide exceptions; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in their entirety

Page 745

subsections (g), (h), and (i) of Code Section 31-6-44, relating to the Health Planning Review Board and administrative and judicial review of planning agency decisions, and inserting in their place new subsections (g), (h), and (i) to read as follows: (g) The decision of the panel shall be the final agency decision for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (h) In the event that the review board, its chairman, or a panel of the review board requires legal counsel, the chairman shall make a request for such advice to the Attorney General. (i) Any party to the appeal hearing, excluding the planning agency, may seek judicial review of the panel's decision in accordance with the method set forth in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; provided, however, that in conducting such review, the court may reverse or modify the decision only if substantial rights of the appellant have been prejudiced because the procedures followed by the planning agency, or the review board, or the administrative findings, inferences, conclusions, and decision of the review board are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support such findings, inferences, conclusions, or decisions, which such evidentiary standard shall be in excess of the `any evidence' standard contained in other statutory provisions; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Page 746

Section 2 . Said title is further amended by inserting immediately following Code Section 31-7-75 a new Code section, to be designated Code Section 31-7-75.1, to read as follows: 31-7-75.1. (a) The proceeds from any sale or lease of a hospital owned by a hospital authority or political subdivision of this state, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold hospital or any expense of the authority or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be invested in the same way that public moneys may be invested generally pursuant to general law, but money in that trust fund shall be used exclusively for funding the provision of hospital care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent hospital care; otherwise, only the income from that fund may be used for that care. Such funding or reimbursement for indigent care shall not exceed the diagnosis-related group rate for that hospital in each individual case. (b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivisions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent hospital care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or by which or for which the authority was activated or created. (c) For purposes of hospital care for the indigent under this Code section, the standard of indigency shall be that determined under Code Section 31-8-43, relating to standards of indigency for emergency care of pregnant women, based upon 125 percent of the federal poverty level.

Page 747

(d) This Code section shall not apply to a reorganization or restructuring and shall not apply to any sale of a hospital, or the proceeds from that sale, made prior to the date this Code section becomes effective. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1986. AD VALOREM TAXAPPROVAL OF TAX DIGEST; PROPERTY ON APPEAL; TAX ASSESSORS; CONFIDENTIALITY OF MATERIALS; PENALTIES. Code Section 48-5-304 Amended. Code Section 48-5-314 Enacted. No. 1461 (House Bill No. 80). AN ACT To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, so as to change the amount of property which may be on appeal at the time of tax digest approval; to provide that materials obtained from or furnished by ad valorem taxpayers shall be confidential and shall not be disclosed by boards of tax assessors; to provide that such materials may be disclosed as necessary in tax collection proceedings; to provide a civil penalty for unlawful disclosure; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 748

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax assessment and county boards of tax assessors, is amended by striking subsection (a) of Code Section 48-5-304, relating to the approval of county tax digests by the commissioner when appeals are pending, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation or reappraisal program is implemented, 5 percent of the property, by assessed value in dispute, or number of properties may be in arbitration or on appeal. Section 2 . Said part is further amended by adding a new Code Section 48-5-314 to read as follows: 48-5-314. (a) All records of the county board of tax assessors which consist of materials other than the return obtained from or furnished by an ad valorem taxpayer shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. As an illustration of the foregoing, materials which are confidential shall include, but shall not be limited to, taxpayers' accounting records, profit and loss statements, income and expense statements, balance sheets, and depreciation schedules. Such information shall remain confidential

Page 749

when it is made part of an appeal file. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding. (b) Any person who knowingly and willfully furnishes information which is confidential under this Code section to a person who is not authorized by law to receive such information shall upon conviction be subject to a civil penalty not to exceed $1,000.00. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that no prosecution shall be made pursuant to this Act for any act committed before July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. INCOME TAXDEPENDENT CARE ASSISTANCE PAID BY AN EMPLOYER. Code Section 48-7-27 Amended. No. 1462 (House Bill No. 216). AN ACT To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia taxable net income of individuals for Georgia income tax purposes, so as to provide that Georgia taxable net income of an individual employee shall not include amounts paid or incurred by the individual's employer for dependent care assistance provided to the individual if such

Page 750

amounts are excluded from gross income for federal income tax purposes under current federal income tax law; 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 . Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to Georgia taxable net income of individuals for Georgia income tax purposes, is amended by adding a new subsection (c) to read as follows: (c) Georgia taxable net income of an individual employee shall not include amounts paid or incurred by the individual's employer for dependent care assistance provided to the individual if such amounts are excluded from gross income of the individual for federal income tax purposes by Section 129 of the Internal Revenue Code of 1954. For purposes of this subsection only, the term `Section 129 of the Internal Revenue Code of 1954' means that section of the United States Internal Revenue Code of 1954 as that section existed on January 1, 1986. 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 tax years beginning on or after January 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 751

PRIVATE DETECTIVES AND SECURITY AGENCIESLICENSES; ENFORCEMENT; LIABILITY INSURANCE. Code Sections 43-38-5, 43-38-6, and 43-38-11 Amended. No. 1463 (House Bill No. 795). AN ACT To amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Private Detective and Security Agencies Act, so as to change the provisions relating to licensure of persons desiring to engage in the private detective or private security business; to authorize an applicant for a license or a licensee to provide proof of certain liability insurance in lieu of posting a bond; to change the provisions relating to grounds for denial, revocation, or sanction of licenses and registrations; 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, known as the Georgia Private Detective and Security Agencies Act, is amended by striking in its entirety subsection (a) of Code Section 43-38-5, relating to licensure and registration of persons practicing for one year on July 1, 1981, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Notwithstanding any other provision of this chapter, any individual, firm, association, company, partnership, or corporation which has engaged in the private detective or private security business for a period of at least one year prior to July 1, 1981, shall make a verified application in writing to the joint-secretary for a license. The application for a license shall be made under oath, on a form to be furnished by the joint-secretary. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; the date and place of conviction or arrest for any crime, including

Page 752

the entry of a plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, taken within six months prior to the application, unless such fingerprints and photographs were filed by June 30, 1980, pursuant to the `Georgia Private Detective and Private Security Agencies Act,' Ga. L. 1973, p. 40. If the applicant is a corporation, the above information shall be provided by the president or secretary of such corporation. If the applicant is a partnership, the above information shall be provided by each of the partners in such partnership. An applicant for licensure under this subsection shall submit satisfactory evidence to the board that such applicant has been actually engaged in the private detective or private security business for a period of at least one year prior to July 1, 1981. Applicants desiring to receive a license under this subsection must submit the application, information, and evidence required by this subsection within 60 days from July 1, 1981. Upon receiving the application, proof of bond or liability insurance policy, or the financial statement as provided in Code Section 43-38-6, and the license fee as provided by the board within the time period stated in this subsection, the board may grant a license to such person to conduct a private detective business or private security business as stated in such application. Immediately upon receipt of the license certificate issued by the board pursuant to this chapter, the license shall post and at all times display such license in a conspicuous location at his place of business. A copy of the duplicate of the license certificate shall be conspicuously placed at each branch office. Section 2 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 43-38-6, relating to licenses which authorize persons to engage in the private detective or private security business, 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

Page 753

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 provided in this Code section. In lieu of the required bond, a prospective licensee may submit to the board evidence of a policy of liability insurance in an amount of not less than $1,000,000.00 insuring such prospective licensee against personal liability for damages arising out of acts of the insured or his employees. No licensee shall cancel or cause to be canceled a bond or liability insurance policy 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 or liability insurance policy, 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 or liability insurance policy 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 liability insurance policy 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) Licensees who have previously posted bonds or submitted net worth affidavits to comply with the provisions of this subsection may hereafter prove continued

Page 754

financial responsibility through the use of liability insurance policies in accordance with paragraph (1) of this subsection. Section 3 . Said chapter is further amended by striking in its entirety paragraph (13) of subsection (a) of Code Section 43-38-11, relating to grounds for denial, revocation, or sanction of licenses and registrations, and inserting in lieu thereof a new paragraph (13) to read as follows: (13) Failed to renew a canceled bond or liability insurance policy in accordance with subsection (d) of Code Section 43-38-6 or failed to supply the financial affidavit required in lieu thereof; . Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. PROPERTYINSTRUMENTS EVIDENCING A DEBT; SATISFACTIONS OR CANCELLATIONS; RECORDING; COSTS; DEEDS TO SECURE DEBT; LIABILITY AND DUTIES OF CLERKS OF SUPERIOR COURTS; FORMS. Code Sections 44-14-3 and 44-14-67 Amended. No. 1464 (House Bill No. 840). AN ACT To amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that grantees of certain instruments evidencing a debt shall furnish to the clerk of superior court for recording the satisfaction or cancellation of such instruments; to provide that such cancellation shall be given to

Page 755

grantors or attorneys for grantors; to provide for costs; to provide for the method of cancellation of deeds to secure debt which apply to real property; to provide that such cancellation shall, in order to authorize the clerk of superior court to show the original instrument as canceled of record, be made by a cancellation on the face of the original deed to secure debt, by a conveyance from the record holder of the deed to secure debt, or by execution of another document when the original deed is lost, stolen, or otherwise mislaid; to provide that no clerk of superior court shall incur any liability to any person for canceling of record any security deed authorized to be canceled as provided above; to provide for a form; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, is amended by striking in its entirety subsection (b) of Code Section 44-14-3, relating to furnishing of cancellations by a grantee upon payment, and inserting in its place a new subsection (b) to read as follows: (b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 45 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be `paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of

Page 756

an instrument to a grantee on behalf of a grantor, the grantee shall direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3) A grantee shall be authorized to add to the payoff amount the costs of recording a cancellation or satisfaction of an instrument. Section 2 . Said chapter is further amended by striking in its entirety Code Section 44-14-67, relating to cancellation of conveyances to secure debts, and inserting in its place a new Code Section 44-14-67 to read as follows: 44-14-67. (a) In all cases where property is conveyed to secure a debt, the surrender and cancellation of the deed, in the same manner as mortgages are canceled, on payment of the debt to any person legally authorized to receive the same, shall operate to reconvey the title of the property to the grantor or his heirs, executors, administrators, or assigns. (b) In the case of a deed to secure debt which applies to real property, in order to authorize the clerk of superior court to show the original instrument as canceled of record, there shall be presented for recording: (1) A cancellation upon the original security deed itself; or (2) A conveyance from the record holder of the security deed, which conveyance is in the form of a quitclaim deed or other form of deed suitable for recording and which refers to the original security deed; or (3) A cancellation as provided in subsection (c) of this Code section. Any clerk of superior court who cancels of record any deed to secure debt in the manner authorized in this subsection shall be immune from any civil liability, either in his official capacity or personally, for so canceling of record such security deed.

Page 757

(c) Cancellation of a security deed, the original of which has been lost, stolen, or otherwise mislaid, may be made based upon a document executed by the record holder of the security deed and meeting the requisites for recordation, which document shall be in substantially the following form: Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 758

LOCAL GOVERNMENT AUDITSACCEPTANCE OF AUDITS WHICH MEET THE REQUIREMENTS OF THE FEDERAL SINGLE AUDIT ACT OF 1984. Code Section 36-81-20 Enacted. No. 1465 (House Bill No. 858). AN ACT To amend Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local budgets and audits, so as to require state agencies and departments to accept audits which meet the requirements of the federal Single Audit Act of 1984 if an audit is required as a condition for receiving a grant of state money or services and if such federal audit includes certain information and meets certain requirements; to provide exceptions; to provide for additional audits and requirements; to provide for related matters; 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 local budgets and audits, is amended by designating Code Section 36-81-1 through Code Section 36-81-10 as Article 1 and by adding immediately following newly designated Article 1 a new Article 2 to read as follows: ARTICLE 2 36-81-20. (a) Whenever a state agency or a state department requires a unit of local government to perform an audit or whenever a state agency or a state department would perform an audit of a unit of a local government as a condition for such unit of local government having received a grant of state money or services, the state agency or state department shall, except as provided in subsections (b) and (c) of this Code section, accept any audit which meets the requirements of the federal Single Audit Act of 1984 if such audit includes those moneys or services granted by the state

Page 759

and includes the reporting requirements of any applicable state law or of any state agency. (b) Notwithstanding subsection (a) of this Code section, a state agency shall be authorized to conduct any additional audits necessary to carry out its duties and responsibilities as set forth in state law or regulation, and nothing in this Code section shall authorize any local government or unit or agency thereof to constrain in any manner any such state agency from performing any such additional audit. (c) This Code section shall not limit the authority of state agencies to conduct audits and evaluations of state financial assistance programs or to enter into contracts for the conduct of such audits and evaluations and shall not limit the authority of the state auditor or any state audit official. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. EDUCATIONSTUDENT LOANS AND FINANCIAL ASSISTANCE; SELECTIVE SERVICE SYSTEM REGISTRATION REQUIRED BY APPLICANTS. Code Sections 20-3-266 and 20-3-316 Amended. No. 1466 (House Bill No. 969). AN ACT To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide that each applicant who is required but has not registered with the Selective Service System of the

Page 760

United States shall be ineligible to receive financial assistance under Parts 2 and 3 of said article; to provide that each applicant shall, under penalty of perjury, certify compliance or noncompliance with the provisions of the registration requirements of the Military Selective Service Act of the United States and provide such other information as the corporation and authority may reasonably require; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by redesignating paragraphs (2) and (3) of Code Section 20-3-266, relating to powers and duties of the Georgia Higher Education Assistance Corporation and conflicts with federal or other state law, as paragraphs (3) and (4), respectively, and by adding a new paragraph (2) to read as follows: (2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the corporation may reasonably require; Section 2 . Said article is further amended by redesignating paragraphs (2) and (3) of Code Section 20-3-316, relating to powers and duties of the Georgia Student Finance Authority and conflicts with federal or other state law, as paragraphs (3) and (4), respectively, and by adding a new paragraph (2) to read as follows: (2) Each applicant who, as of the date of application for financial assistance under this part, is required but has not registered with the Selective Service System of the United States pursuant to 50 U.S.C. Section 453, as amended, shall be ineligible to receive financial assistance under this

Page 761

part. Each applicant shall, under penalty of perjury, certify compliance or noncompliance with the registration requirements of the Military Selective Service Act of the United States and provide such other information as the authority may reasonably require; Section 3 . This Act shall become effective on July 1, 1987. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. HAZARDOUS WASTE MANAGEMENTDEFINITIONS; CLAIMS; LIMITATION OF LIABILITY. Code Sections 12-8-62 and 12-8-68 Amended. No. 1467 (House Bill No. 1144). AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste disposal and treatment, so as to change the defnitions of hazardous constituent, hazardous waste, and solid waste; to change the definition of guaranto; to provide that claims may be pursued directly against the guarantor where jurisdiction cannot be obtained over an owner or operator; to provide a limitation of liability for the guarantor not to exceed the amount provided as evidence of financial responsibility; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waster disposal

Page 762

and treatment, is amended by striking in their entirety paragraphs (6.1), (7), and (13) of Code Section 12-8-62, relating to definitions, and inserting, respectively, in lieu thereof new paragraphs (6.1), (7), and (13) to read as follows: (6.1) `Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1986, codified as Appendix VIII to 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste. (7) `Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1986, codified as 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste. (13) `Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1986, codified as 40 C.F.R. Part 261 - Identification and Listing of Hazardous Waste. Section 2 . Said article is further amended by redesignating paragraph (6) of Code Section 12-8-62, relating to definitions, as paragraph (5.1) and adding a new paragraph (6) to read as follows: (6) `Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article. Section 3 . Said article is further amended by adding at the end of Code Section 12-8-68, relating to the requirement of financial responsibility for persons operating or maintaining hazardous waste storage or treatment facilities, new subsections (g) and (h) to read as follows: (g) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal

Page 763

Bankruptcy Code or where, with reasonable diligence, jurisdiction in any state court or any federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this Code section may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which will have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (h) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this article. Nothing in this subsection shall be construed to limit any other state or federal statutory contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this subsection shall be construed to diminsh the liability of any person under Section 107 or 111 of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable law. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 764

COUNTIESCIVIL SERVICE SYSTEMS FOR COUNTY EMPLOYEES AND EMPLOYEES OF ELECTED COUNTY OFFICERS. Code Section 36-1-21 Enacted. No. 1468 (House Bill No. 1193). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, so as to authorize the governing authority of any county to provide by ordinance or resolution for the creation of a civil service system for employees of the county; to provide procedures whereby employees of elected county officers and certain other employees may be covered under the civil service system; to provide that the power granted to counties by this Act is in addition to and not in lieu of certain previously existing authority granted to certain counties; 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 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and county governments, is amended by adding at the end thereof a new Code Section 36-1-21 to read as follows: 36-1-21. (a) The governing authority of any county is authorized to provide by ordinance or resolution for the creation of a civil service system for employees of the county, other than elected officials or persons appointed to positions for specified terms. (b) Subsequent to the creation of a civil service system, the county governing authority which created the system

Page 765

may provide by ordinance or resolution that positions of employment within departments subject to the jurisdiction of elected county officers or subject to the jurisdiction of other commissions, boards, or bodies of the county shall be subject to and covered by the civil service system upon the written application of the elected county officer, commission, board, or body having the power of appointment, employment, or removal of employees of the officer, department, commission, board, or body. Once positions of employment are made subject to the civil service system, such positions shall not be removed thereafter from the coverage of the civil service system. (c) A civil service system created pursuant to the authority of this Code section shall be administered in such manner and pursuant to such rules and regulations as may be provided for by resolution or ordinance of the county governing authority which created the system. (d) The authority granted to counties by this Code section is in addition to and not in lieu of authority to provide civil service or merit systems granted to certain counties by constitutional amendments and laws enacted pursuant to the authority of such constitutional amendments. As used in this subsection, the term `constitutional amendments' means those constitutional amendments which will stand repealed on July 1, 1987, unless continued in force and effect as described in Article XI, Section I, Paragraph IV of the Constitution of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 766

BARBERSSTATE BOARD OF BARBERS; WORK PERMITS; COSMETOLOGISTS; LICENSES; TERMINATION. Code Title 43, Chapter 7 Amended. No. 1469 (House Bill No. 1219). AN ACT To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to delete certain provisions regarding initial terms of the State Board of Barbers and provide for subsequent terms; to provide for work permits; to provide conditions under which certain cosmetologists are eligible to take certain barbering examinations; to change certain barbershop licensing requirements; to change certain provisions regarding licensure to teach barbering and to practice barbering as an apprentice; to delete provisions regarding temporary licenses; to provide for the continuation of the State Board of Barbers but to provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by striking subsection (a) of Code Section 43-7-4, creating the State Board of Barbers, and inserting in its place a new subsection (a) to read as follows: (a) There is created a State Board of Barbers. The board shall consist of six members, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate. Five of the members shall be barbers. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the profession of barbering. All terms shall be for three years. Upon the expiration of the term of office, a member shall continue to serve until a successor is appointed and qualified.

Page 767

Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 43-7-11, relating to barbering licensure requirements, and inserting in its place a new subsection (b) to read as follows: (b) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the results of the examination for which the applicant is scheduled are released. If the applicant fails to appear for the examination, the work permit shall be revoked unless the applicant provides just cause to the board why he was unable to appear for the examination. Section 3 . Said chapter is further amended by adding following Code Section 43-7-11.1, a new Code section to read as follows: 43-7-11.2. A person licensed as a master cosmetologist under Chapter 10 of this title shall be eligible to take the examination provided for in Code Section 43-7-11 if that person completes a board approved 300 hour prescribed course in a barbering school, submits a complete application, and pays the proper fees established by the board. Section 4 . Said chapter is further amended by striking paragraph (2) of Code Section 43-7-12, relating to barbershop licensing requirements, and inserting in its place a new paragraph (2) to read as follows: (2) Does not train more than one apprentice at any one time which apprentice shall be under the supervision of a master barber; and. Section 5 . Said chapter is further amended by striking paragraph (2) of Code Section 43-7-13, relating to requirements for licensure to teach barbering and inserting in its place a new paragraph (2) to read as follows: (2) Reserved; . Section 6 . Said chapter is further amended by striking Code Section 43-7-16, relating to requirements for license to

Page 768

practice barbering as an apprentice, and inserting in its place a new Code section to read as follows: 43-7-16. (a) A license to practice barbering as an apprentice shall be issued to any person who shall furnish the board: (1) Evidence that he will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent. (b) A license to practice barbering as an apprentice shall not be renewed more than one time. Section 7 . Said chapter is further amended by striking Code Section 43-7-22, relating to temporary licenses, and inserting in its place a new Code section to read as follows: 43-7-22. Reserved. Section 8 . Said chapter is further amended by striking Code Section 43-7-27, relating to the termination of the board, and inserting in its place a new Code section to read as follows: 43-7-27. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Barbers shall be terminated on July 1, 1992, 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 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 769

INTANGIBLE PERSONAL PROPERTY TAXRESTRICTED FOREIGN INTANGIBLES; PROPERTY HELD IN A FOREIGN COUNTRY INCIDENT TO THE CONDUCT OF AN INSURANCE BUSINESS IN SUCH COUNTRY. Code Sections 48-6-20, 48-6-21, 48-6-22, and 48-6-23 Amended. No. 1470 (House Bill No. 1273). AN ACT To amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, so as to provide for the definition, classification and taxation of certain intangible personal property held in a foreign country incident to the conduct of an insurance business within the foreign country; 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 48 of the Official Code of Georgia Annotated, relating to intangible personal property tax, is amended by striking Code Section 48-6-20, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 48-6-20, to read as follows: 48-6-20. As used in this chapter, the term: (1) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) `Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan.

Page 770

(3) `Depository financial institution' means a `bank' and a `savings and loan association.' (4) `Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) `Restricted foreign intangibles' means all classifications of intangible personal property acquired and held in a foreign country incident to the conduct of the business of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or administrative guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country. (6) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. Section 2 . Said article is further amended by striking Code Section 48-6-21, relating to classification of intangible personal property, in its entirety and substituting in lieu thereof a new Code section to read as follows: 48-6-21. Intangible personal property, for the purposes of ad valorem taxation, is classified as follows: (1) Money; (2) Collateral security loans; (3) Stocks; (4) Accounts receivable and notes not representing credits secured by real estate; (5) Bonds and debentures of all corporations;

Page 771

(6) Long-term notes secured by real estate; (7) Short-term notes secured by real estate; (8) Restricted foreign intangibles; or (9) Patents, copyrights, franchises, and all other classes and kinds of intangible personal property not otherwise enumerated. Section 3 . Said article is further amended by striking paragraph (4) of Code Section 48-6-22, relating to exemptions, and inserting in its place a new paragraph to describe an exemption from taxation and to read as follows: (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles; . Section 4 . Said article is further amended by striking paragraph (1) of subsection (a) of Code Section 48-6-23, relating to rates of taxation, and inserting in its place a new paragraph to read as follows: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, including all restricted foreign intangibles. The tax is not levied by this paragraph on intangible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign intangibles which are taxed in this paragraph and not otherwise; . Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 772

ELECTIONSELECTION SUPERINTENDENTS; REGISTRARS; VOTER REGISTRATION PLACES IN COUNTIES OF 100,000 OR MORE; STATE-WIDE BALLOT QUESTIONS; ABSENTEE ELECTORS; CONTESTS; CALLS; ADVERTISEMENTS. Code Title 21, Chapters 2 and 3 Amended. No. 1471 (House Bill No. 1338). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions relating to the powers and duties of the election superintendent and the registrars and board of registrars; to remove certain requirements that 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, certain additional voter registration places be designated and staffed under certain circumstances; to provide that unless otherwise provided by law, certain statewide ballot questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and certain local questions shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent; to provide for alternative methods for answering certain ballot questions; to provide for the form of certain questions on ballot labels; to provide that certain qualified absentee electors may apply not earlier than 120 days before an election for a special write-in absentee ballot; to provide that a result of a primary or election may be contested for any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election; to provide that the Secretary of State shall furnish to the proper superintendent certain materials and supplies for use in all municipal elections and primaries; to provide that notice of the opening and closing dates for candidates to qualify shall be published in the call for the election; to provide that additional places and hours of operation shall be advertised in a newspaper of general circulation in the municipality or in the form of a public service announcement

Page 773

on radio or television one or more times at least three days prior to the first day for registration; to provide for alternative methods for answering certain ballot questions; 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 21-2-45, relating to authorization of creation of certain joint boards of elections and boards of elections and registration, and inserting in its place a new Code Section 21-2-45 to read as follows: 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. (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 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. Section 2 . Said title is further amended by striking subsection (b) of Code Section 21-2-218, relating to the location of the main office of the board of registrars and the registration of electors, and inserting in lieu thereof a new subsection (b) to read as follows: (b) For the purpose of taking applications for registration and for the purpose of registering electors, such number

Page 774

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 every municipal and county public library wherein a librarian has elected to serve as a deputy registrar and other fixed places throughout the county as would be reasonably necessary to receive applications for registration and for the registration of electors. 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, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be returned to the main office as expeditiously as possible. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. Section 3 . Said title is further amended by striking subsection (f) of Code Section 21-2-285, relating to the form of official election ballots, and inserting in lieu thereof a new subsection (f) to read as follows: (f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other statewide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall

Page 775

be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. 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 unless otherwise directed by the General Assembly. Section 4 . Said title is further amended by striking subsection (b) of Code Section 21-2-325, relating to the form of ballot labels generally, and inserting in its place a new subsection (b) to read as follows: (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question, to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels, in brief form, of not more than 75 words. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. Section 5 . Said title is further amended by striking subsection (a) of Code Section 21-2-381.1, relating to procedures for voting with special write-in absentee ballots by qualified absentee electors, and inserting in lieu thereof a new subsection (a) to read as follows: (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 120 days before an election for a special write-in absentee ballot. This ballot

Page 776

shall be for presidential electors and United States senator or representative in Congress. Section 6 . Said title is further amended by striking paragraph (5) of Code Section 21-2-522, relating to grounds for contesting a primary or election, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election. Section 7 . Said title is further amended by adding a new Code section immediately following Code Section 21-3-7, to be designated Code Section 21-3-7.1, to read as follows: 21-3-7.1. The Secretary of State shall furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as he shall deem necessary and advisable from time to time, for use in all municipal elections and primaries. Such forms shall have printed thereon appropriate instructions for their use. Section 8 . Said title is further amended by striking subsection (a) of Code Section 21-3-91, relating to filing notice of candidacy, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each candidate, except a candidate nominated by nomination petition provided for in subsection (f) of this Code section, or his designee shall file notice of his candidacy in the office of the municipal superintendent of his municipality at least 22 but not more than 52 days prior to the election in the case of a general election and at least 15 but not more than 30 days prior to the election in the case of a special election. The opening and closing dates shall, within the limitations as provided in this Code section, be

Page 777

as set forth in the municipal charter or, if not so specified, then by municipal ordinance. If a run-off primary is held, each candidate nominated therein or his designee shall file notice of his candidacy with the municipal superintendent within three days after the holding of such primary, irrespective of such three-day period's exceeding a qualification deadline prescribed in this subsection. Notice of the opening and closing dates for candidates to qualify shall be published in the call for the election. Section 9 . Said title is further amended by striking subsection (d) of Code Section 21-3-123, relating to registration duties of certain county registrars and registration of certain electors, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Additional registration places and hours of operation shall be advertised in a newspaper of general circulation in the municipality 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 10 . Said title is further amended by striking subsection (d) of Code Section 21-3-187, relating to the form of official municipal election ballots, and inserting in lieu thereof a new subsection (d) to read as follows: (d) When proposed questions are submitted to a vote of the electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. 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 unless otherwise directed by the General Assembly. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 778

ALCOHOLIC BEVERAGESHOTELS; SALES BY IN-ROOM SERVICE; LICENSES. Code Sections 3-9-10 through 3-9-13 Enacted. No. 1472 (House Bill No. 1386). AN ACT To amend Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to prohibit the sale of alcoholic beverages by in-room service by a hotel unless such hotel has obtained a license; to authorize the commissioner of the Department of Revenue to issue in-room service licenses; to provide definitions; to provide for a license fee; to provide for limitations and restrictions; to provide for applicability and construction of this article; to provide a penalty; 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 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, is amended by designating the current Code sections as Article 1 and by adding immediately following said newly designated article a new Article 2 to read as follows: ARTICLE 2 3-9-10. As used in this article, the term: (1) `Hotel' means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (2) `In-room service' means: (A) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a registered

Page 779

guest's room when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (B) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverage and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. 3-9-11. (a) Notwithstanding anything contained in this title or any other law, in any county or municipality in which the sale of alcoholic beverages either by the package or by the drink is authorized, the commissioner may authorize any hotel which is licensed to sell alcoholic beverages either by the package or by the drink or any hotel which is licensed to sell alcoholic beverages both by the package and by the drink to provide in-room service. (b) No hotel shall be authorized to provide in-room service until it has been issued a license to do so by the commissioner. A license fee of $100.00 shall be imposed to provide alcoholic beverages by in-room service, except that a license fee of $50.00 shall be imposed to provide only beer or wine by in-room service. (c) The sale of alcoholic beverages by in-room service shall be subject to all restrictions and limitations in this title relative to the sale of alcoholic beverages, except as provided otherwise in this article, and shall be authorized only on such days and only during such hours as the sale of alcoholic beverages is otherwise authorized in the county or municipality. (d) Distilled spirits sold pursuant to this article shall not be sold in packages containing less than 200 milliliters each.

Page 780

3-9-12. All alcoholic beverages sold pursuant to this article shall be subject to all state and local taxes imposed on alcoholic beverages and shall be purchased from a licensed wholesaler. 3-9-13. Nothing in this article shall be construed to authorize the sale of alcoholic beverages through in-room service in any county or municipality in which the sale of alcoholic beverages both by the package and by the drink is prohibited. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. WASTE MANAGEMENTDUMPING WASTES INTO PUBLIC STORM OR SANITARY SEWERS; PERMISSION; PENALTIES; CONTRABAND. Code Section 12-8-2 Enacted. No. 1473 (House Bill No. 1424). AN ACT To amend Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, so as to declare unlawful the placing, dumping, or disposing of the contents of a septic tank, waste water holding tank, grease trap, or other such container into a public storm or sanitary sewer pipeline without first obtaining written permission; to provide penalties for such unlawful act;

Page 781

to declare as contraband any vehicles or other articles used to accomplish such unlawful act; to provide for forfeitures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding waste management, is amended by adding at the end of said article a new Code section, to be designated Code Section 12-8-2, to read as follows: 12-8-2. (a) No person, firm, or corporation shall place, dump, dispose of, or cause to be placed, dumped, or disposed of in a public storm or sanitary sewer pipeline or through manholes thereof, or otherwise, any contents or matter of or from any septic tank, waste water holding tank, grease trap, or other container serving the purpose of a septic tank, waste water holding tank, or grease trap, which contents or matter is made up wholly or partly by the sanitary sewer, kitchen, or toilet waste from any residential source or commercial or industrial waste from business processes from any commercial or industrial facility, unless the express written permission of the owner of such public storm or sewer pipeline is first obtained. (b) Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Any motor vehicle, trailer, and all other articles and contrivances utilized in the hauling, transporting, dumping, placing, or disposition of any contents or matter in any public sewer in violation of subsection (a) of this Code section are declared to be contraband and shall be subject to seizure, confiscation, and forfeiture according to the terms, provisions, conditions, and procedure set out in Code Section 3-10-11, as far as such terms and procedures can be made to apply. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 782

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. EDUCATIONSICK LEAVE FOR TEACHERS; CROSS REFERENCES IN LAW CHANGED. Code Section 20-2-850 Amended. No. 1474 (House Bill No. 1441). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, so as to change cross references to other laws and 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 20-2-850 of the Official Code of Georgia Annotated, relating to sick leave for teachers and other personnel, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-850 to read as follows: 20-2-850. (a) Each person employed in any public school system of this state in the capacity of teacher, student services support personnel, or administrative and supervisory personnel, hereinafter referred to in this part as `personnel,' as classified by the State Board of Education pursuant to subsection (a) of Code Section 20-2-200, except county or regional librarians, shall be entitled to sick leave with full

Page 783

pay computed on the basis of one and one-fourth working days for each completed contract month, and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illenss or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days. (b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by subsection (f) of Code Section 20-2-182 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months. (c) The sick leave and the accumulation of unused sick leave provided for by this part shall be subject to subsection (f) of Code Section 20-2-182, but this part shall not be construed so as to prohibit local boards of education from adopting policies relative to sick leave and the accumulation of unused sick leave which are supplemental to this part, provided the cost of implementing and maintaining any such supplemental policies shall be paid entirely from local funds. (d) No personnel utilizing sick leave under this part shall be required to pay the cost of employing a substitute to serve in their absence on such sick leave.

Page 784

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. MUNICIPAL CORPORATIONSESTABLISHMENT AND JURISDICTION OF MUNICIPAL COURTS. Code Section 36-32-1 Amended. No. 1475 (House Bill No. 1476). AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, so as to provide that each municipal corporation of this state shall, unless otherwise provided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the enforcement of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts; to provide that any municipal court shall, unless otherwise provided in the local law relating to a particular municipal court, be authorized to impose any sentence up to the maximums specified by general state law; to provide that such provisions and other provisions relating to municipal court shall apply to all courts of municipal corporations, whether styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name; to provide for all related matters; to provide for the construction and applicability of this Act with respect to certain actions and the use of certain records and documents; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 785

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts of municipal corporations, is amended by striking Code Section 36-32-1, relating to selection of officers to preside over municipal courts, and inserting in its place a new Code section to read as follows: 36-32-1. (a) Each municipal corporation of this state shall, unless otherwise provided in the local law relating to a particular municipal corporation, be authorized to establish and maintain a municipal court having jurisdiction over the violation of municipal ordinances and over such other matters as are by general law made subject to the jurisdiction of municipal courts. Any such court shall be styled as a municipal court. Any reference in this Code or in any local law to a corporate court, police court, recorder's court, mayor's court, or any such court known by any other name which has jurisdiction over the violation of municipal offenses shall be deemed to mean a municipal court. (b) The provisions of this chapter shall apply equally to all municipal courts, whether heretofore styled as a municipal court, corporate court, police court, recorder's court, or mayor's court or called by some other name and whether established by the municipal corporation under authority granted to the municipal corporation or established by the local law relating to a particular municipal corporation. (c) Each municipal court of this state, unless otherwise provided in the local law relating to a particular municipal court, shall be authorized to impose any punishment up to the maximums specified by general law, including the maximums specified in subparagraphs (a)(2)(B) and (a)(2)(C) of Code Section 36-35-6. (d) The governing bodies of the municipal corporations of this state having a municipal court are authorized and empowered, either by ordinance or resolution, to select, elect, or appoint either a mayor pro tempore or a recorder pro

Page 786

tempore to hold and preside over such municipal court in the absence or disqualification of the mayor or recorder. While presiding in such corporate courts, the mayor pro tempore or recorder pro tempore shall have such power, authority, and jurisdiction as is given by the charter of the municipal corporation to its mayor or recorder. (e) Subsection (d) of this Code section shall not affect any municipal corporation for which provision is made in the charter for the appointment or selection of a mayor pro tempore or a recorder pro tempore. Section 2 . The provisions of this Act shall not be construed so as to affect the validity of any action or prosecution commenced on or before the effective date of this Act. Any citations, dockets, pleadings, forms, documents, or other records which were on hand or which had been contracted for on or before the effective date of this Act may continue to be used until such time as the supply of such records has been exhausted, notwithstanding the fact that such records refer to a corporate court, police court, recorder's court, or mayor's court or to some other name; and the use of said records shall not affect the validity of any action or prosecution. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 787

MAGISTRATE COURTSMUNICIPAL COURT SERVICES; CONTRACTS. Code Sections 15-10-150 through 15-10-155 Enacted. No. 1476 (House Bill No. 1477). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to authorize counties and municipalities to enter into contracts under which counties shall furnish municipal court services through the officers, personnel, and facilities of the magistrate courts; to authorize officers and personnel of magistrate courts to serve in municipal courts pursuant to such contracts; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by adding a new Article 9 to read as follows: ARTICLE 9 15-10-150. The governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services to the municipality as authorized by this article; and the governing authorities of municipalities are likewise authorized to enter into such contracts with county governing authorities. 15-10-151. Any contract entered into pursuant to this article shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the magistrate court of the county. Any contract so entered into shall not become effective unless it is approved by the chief magistrate then in office;

Page 788

and no such contract shall extend beyond the term of the chief magistrate then in office. 15-10-152. When a contract entered into pursuant to this article has become effective, the judges of the magistrate court shall have full authority to act as judges of the municipal court of the municipality; and the other officers and personnel of the magistrate court shall have full authority to act as officers and personnel of the municipal court. 15-10-153. When acting as officers of the municipal court all judges and other officers of the magistrate court shall be styled as judges and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and papers of the magistrate court. The dockets and other records of the municipal court shall be kept separately from those of the magistrate court. 15-10-154. Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishment imposed shall not exceed a fine of $1,000.00 or 6 months' imprisonment or both, unless some other general law authorizes greater punishment. Other charter provisions not in conflict with this article shall continue to apply in municipal courts operated under this article. 15-10-155. (a) Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to: (1) A municipality whose charter does not authorize a municipal court, but a municipality's charter shall be deemed to authorize a municipal court if it authorizes a corporate court, police court, recorder's court, or mayor's court of the municipality or a court of any other name which has jurisdiction over violations of municipal ordinances; (2) A municipality whose charter provides for the election, as judge or judges and not as members of the

Page 789

municipal governing authority, of the judge or judges of a court having jurisdiction over municipal ordinance violations; or (3) A municipality whose charter expressly provides that the municipality shall not have the authority granted by this article. (b) The authority granted to municipalities by this article shall, notwithstanding the provisions of subsection (a) of this Code section, apply to any municipality if as of June 30, 1983, jurisdiction over violation of its ordinances was by law vested in a magistrate court in existence on that date. Section 2 . This Act shall become effective upon its approval by 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, 1986. ALCOHOLIC BEVERAGESPOSSESSION OR CONSUMPTION BY UNDERAGED PERSONS IN THE HOME. Code Section 3-3-23 Amended. No. 1477 (House Bill No. 1532). AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, so as to clarify when alcoholic beverages may be possessed or consumed by an underage person in the

Page 790

home; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 Section 1 . Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, is amended by striking in its entirety Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, and inserting in its place a new Code Section 3-3-23 to read as follows: 3-3-23. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 20 years of age; (2) No person under 20 years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under 20 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 20 years of age; or (5) No person under 20 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage. (b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or

Page 791

(2) At a religious ceremony. (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 20 years of age when the parent or guardian of the person under 20 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 20 years of age or older. For purposes of this subsection, the term `proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. `Proper identification' shall not include a birth certificate. (e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 20 years of age from: (1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. (f) Testimony by any person under 20 years of age, when given in an administrative or judicial proceeding against

Page 792

another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 20 years of age. (g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. Part 2 Section 2 . Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts concerning alcoholic beverages, is amended by striking in its entirety Code Section 3-3-23, relating to alcoholic beverage offenses involving underage persons, and inserting in its place a new Code Section 3-3-23 to read as follows: 3-3-23. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age; (2) No person under 21 years of age shall purchase or knowingly possess any alcoholic beverage; (3) No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or (5) No person under 21 years of age shall misrepresent his identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage. (b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption:

Page 793

(1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or (2) At a religious ceremony. (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term `proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. `Proper identification' shall not include a birth certificate. (e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from: (1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment.

Page 794

(f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age. (g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15. Part 3 Section 3 . Parts 1 and 3 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Part 2 of this Act shall become effective on September 30, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. SUPERIOR COURTSJUDGES; CONTINUING JUDICIAL EDUCATION; EXPENSES; SECRETARIES; BASE PAY. Code Sections 15-6-25 and 15-6-32 Amended. No. 1478 (House Bill No. 1696). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide that the base salary of each secretary of each judge of the superior courts shall be established on a pay schedule beginning at Step 1 and ending at Step 7; to change provisions relating to authorization of superior court judges to

Page 795

accept and receive reimbursement for the actual expenses of continuing judicial education; to eliminate the maximum amount of such reimbursement; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking in its entirety paragraph (1) of subsection (c) of Code Section 15-6-25, relating to the employment, status, and compensation of secretaries of judges of the superior courts, and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. Section 2 . Said title is further amended by striking Code Section 15-6-32, relating to authorization of superior court judges to accept and receive reimbursement for the actual expenses of continuing judicial education, and inserting in its place a new Code Section 15-6-32 to read as follows: 15-6-32. Any other law to the contrary notwithstanding, the judges of the superior courts of this state are authorized to accept and receive reimbursement for the actual expenses of continuing judicial education within the state and out-of-state in the same manner as members of the General Assembly in attendance at conferences and meetings. Such reimbursement, whether for education within or outside the state, shall further include any tuition fees, registration fees, or other similar expenses necessary to receive such education. All requests for attendance at educational seminars shall be submitted to the Institute of Continuing Judicial Education for prior approval. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 796

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. DEPARTMENT OF TRANSPORTATIONFACILITY, SITE, OR PROJECT HEARINGS; DESIGN HEARINGS. Code Section 32-2-3 Amended. No. 1479 (House Bill No. 1712). AN ACT To amend Code Section 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, so as to provide that a facility, site, or project corridor hearing and a design hearing may be held simultaneously for a proposed facility; 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 32-2-3 of the Official Code of Georgia Annotated, relating to the development of transportation plans and public hearings, is amended by striking paragraph (3) of subsection (f) of said Code section in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) These public hearings shall be conducted so as to provide an opportunity for effective participation by interested persons in transportation policy decisions, the process of transportation planning, modal selections, and site and route selection, and the specific location and design of major transportation facilities. The various factors involved in the decision or decisions and any alternative proposals shall be

Page 797

clearly presented so that the persons attending the hearing may present their views relating to the decision or decisions which will be made. The facility, site, or project corridor hearing and the design hearing for a proposed facility or facilities may be held simultaneously to satisfy the requirements of this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. HOUSING AUTHORITIESELIGIBLE HOUSING UNIT REDEFINED. Code Section 8-3-3.1 Amended. No. 1480 (House Bill No. 1839). AN ACT To amend Code Section 8-3-3.1 of the Official Code of Georgia Annotated, relating to definitions with regard to housing authorities, so as to change the definition of eligible housing unit; to 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 8-3-3.1 of the Official Code of Georgia Annotated, relating to definitions with regard to housing authorities, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Eligible housing unit' means real and personal property located in the state constituting single or multi-family

Page 798

dwelling units suitable for occupancy by low and moderate income families and such community facilities as may be incidental or appurtenant thereto; provided, however, that all multifamily dwelling units located within an apartment complex shall qualify as `eligible housing units' if at least 20 percent of the multifamily dwelling units within the complex are occupied by or are held available for occupancy by low and moderate income families. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. FIREWORKSMODEL ROCKETS AND MODEL ROCKET ENGINES; SAFETY REGULATIONS RELATING TO THE MANUFACTURE, STORAGE, AND TRANSPORTATION OF FIREWORKS; LICENSE FEES; INSPECTIONS; SAFETY FIRE COMMISSIONER. Code Sections 25-10-1 and 25-10-5 Amended. No. 1481 (House Bill No. 264). AN ACT To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term fireworks; to provide for the payment of annual license fees to the Safety Fire Commissioner; to authorize and direct the Safety Fire Commissioner to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state; to

Page 799

authorize and direct the Safety Fire Commissioner to conduct periodic inspections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to the definition of the term fireworks, in its entirety and substituting in lieu thereof a new Code Section 25-10-1 to read as follows: 25-10-1. As used in this chapter, the term `fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term `fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term `fireworks' include ammunition consumed by weapons used for sporting and hunting purposes. Section 2 . Said chapter is further amended by striking Code Section 25-10-5, relating to the annual license fee for the manufacture, storage, and transportation of fireworks; promulgation of safety regulations; and conduct of inspections, in its entirety and substituting in lieu thereof a new Code Section 25-10-5 to read as follows: 25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 shall be $1,000.00 per year,

Page 800

payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 in order to ensure compliance with fire safety rules and regulations. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. EDUCATIONCOUNTY AND INDEPENDENT SCHOOL SUPERINTENDENTS; QUALIFICATIONS. Code Section 20-2-102 Amended. No. 1482 (House Bill No. 328). AN ACT To amend Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, so as to completely revise and provide for the qualifications of county and independent school superintendents; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.

Page 801

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-102 of the Official Code of Georgia Annotated, relating to the qualifications of county school superintendents, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-102 to read as follows: 20-2-102. (a) Before any person shall be qualified or eligible to hold the office of county or independent school superintendent, the person shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that the person be a citizen of the county or independent school district if appointed by the board of education of the county or independent school system. The person shall have earned and hold a five-year degree from a regionally accredited college or university. The person shall have had not less than three years of actual teaching or education administration experience and shall be of good moral character and shall never have been convicted of any crime involving moral turpitude. The person shall possess the minimum valid fifth year leadership certificate issued by the State Board of Education. (b) To be eligible to qualify for election in the primary election or in the general election if the position is nonpartisan, a candidate for election as county school superintendent shall present to the proper election officials verification from the State School Superintendent that the candidate meets the certification qualifications of this Code section. (c) This Code section shall not apply to any person who has served at least one term as a superintendent. (d) If the position is appointed, the person shall present to the local board of education verification from the State School Superintendent that the person meets the certification qualifications of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 802

MOTOR VEHICLESLAW ENFORCEMENT; MARKING; VISIBILITY OF FLASHING OR REVOLVING LIGHTS; DISPOSAL; PERSONAL USE. Code Section 40-8-91 Amended. No. 1483 (House Bill No. 466). AN ACT To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, so as to change the provisions relating to marking of law enforcement vehicles; to change the provisions relating to the visibility of certain equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles, 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 provided in subsection (b) of this Code section, any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this state, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than four inches in height. Section 2 . Said Code section is further amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and.

Page 803

Section 3 . When such law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehicle for his personal use prior to removing colored lights and lettering will be guilty of a misdemeanor. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. GEORGIA OCCUPATIONAL REGULATION REVIEW LAWENACTMENT; REVIEW OF PROPOSED LEGISLATION LICENSING OR CERTIFYING A PROFESSION OR BUSINESS. Code Title 43, Chapter 1A Enacted. No. 1484 (House Bill No. 850). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the review of all proposed legislation licensing or certifying a business or a profession not currently licensed or certified by the state; to provide for a short title; to provide for legislative purpose; to provide for definitions; to provide for the Georgia Occupational Regulation Review Council and its composition, duties, and functions; to provide an expense and mileage allowance; to provide procedures for review of certain proposed legislation; to provide for criteria for review; to provide for factors to be considered in determining the need for regulation; to require

Page 804

explanations regarding certain factors; to provide for recommended methods of regulation; to provide for construction; 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 1 thereof a new Chapter 1A to read as follows: CHAPTER 1A 43-1A-1. This chapter shall be known and may be cited as the `Georgia Occupational Regulation Review Law.' 43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the state. 43-1A-3. As used in this chapter, the term: (1) `Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) `Certificate' or `certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use `certified' in the title or designation to perform prescribed occupational tasks. (3) `Council' means the Georgia Occupational Regulation Review Council. (4) `Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the

Page 805

regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5) `Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) `License,' `licensing,' or `licensure' means authorized to engage in a business or profession which would otherwise be unlawful in the state in the absence of authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) `Regulate' or `regulation' means the process of licensure or certification as defined in this Code section. (8) `Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) `State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law. 43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten members: (1) The Comptroller General or his designee; (2) The Secretary of State or his designee; (3) The commissioner of the Department of Human Resources or his designee;

Page 806

(4) The director of the Office of Planning and Budget or his designee; (5) The commissioner of the Department of Natural Resources or his designee; (6) The commissioner of the Department of Revenue or his designee; (7) The Commissioner of Agriculture or his designee; (8) The administrator of the `Fair Business Practices Act of 1975' or his designee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under that subsection (b) is being considered by the council. (c) The director of the Office of Planning and Budget or his designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees. 43-1A-5. (a) It shall be the duty of the council to review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.

Page 807

(b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 41-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report. 43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should be reviewed according to the following criteria. In evaluating whether a profession or business shall hereafter be regulated, the following factors shall be considered: (1) Whether the unregulated practice of an occupation may harm or endanger the health, safety, and welfare

Page 808

of citizens of the state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and (4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state. 43-1A-7. After July 1, 1986, applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference: (1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession; (2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem; (3) The alternatives considered:

Page 809

(A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest; (4) The benefit to the public if regulation is granted: (A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent: (i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied

Page 810

and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the pre-requisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in,

Page 811

or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public; (B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference. 43-1A-8. After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section: (1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the

Page 812

public health and welfare, a less restrictive means of ensuring public protection, including but not limited to stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. 43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. PHYSICAL THERAPISTSSTATE BOARD OF PHYSICAL THERAPY; MEMBERS; POWERS; LICENSES; EXAMINATIONS. Code Title 43, Chapter 33 Amended. No. 1485 (House Bill No. 1175). AN ACT To amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, so as to change definitions; to limit consecutive terms of members of the State Board of Physical Therapy; to change qualifications of members of that board; to continue that board and provide for its later termination and the repeal of the laws relating thereto; to change the powers of that board; to delete provisions regarding initial terms of members of that board; to change requirements for licensure as a physical therapist or physical therapist assistant; to change certain provisions regarding examinations, continuing education, and temporary licenses; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 813

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to physical therapists, is amended by striking paragraph (7) of Code Section 43-33-3, relating to definitions, and inserting in its place a new paragraph (7) to read as follows: (7) `Physical therapy' means the examination, treatment, and instruction of human beings to detect, assess, prevent, correct, alleviate, and limit physical disability, bodily malfunction and pain from injury, disease, and any other bodily and mental conditions and includes the administration, interpretation, documentation, and evaluation of tests and measurements of bodily functions and structures; the planning, administration, evaluation, and modification of treatment and instruction, including the use of physical measures, activities, and devices, for preventative and therapeutic purposes; and the provision of consultative, educational, and other advisory services for the purpose of preventing or reducing the incidence and severity of physical disability, bodily malfunction, and pain. Section 2 . Said chapter is further amended by striking Code Section 43-33-5, relating to appointment of board members, and inserting in its place a new Code section to read as follows: 43-33-5. The board shall consist of six members, as provided in Code Section 43-33-6, each of whom shall be appointed by the Governor, approved by the Secretary of State, and confirmed by the Senate for a term of three years and until a successor is appointed and qualified. Vacancies on the board shall be filled by the Governor's appointment of a successor to serve out the unexpired term. The Governor, after notice and opportunity for hearing, may remove any member of the board for neglect of duty, incompetence, revocation or suspension of license of those licensee members, or other dishonorable conduct. No person shall serve more than two consecutive full terms as a member of the board. Section 3 . Said chapter is further amended by striking Code Section 43-33-6, relating to qualifications of members, and inserting in its place a new Code section to read as follows:

Page 814

43-33-6. To be eligible for appointment to the board, a person must be a resident of this state. Five members of the board shall be licensees under this chapter who have practiced or taught physical therapy for at least five years. The sixth member shall be appointed from the public at large and shall have no connection whatsoever with the practice or profession of physical therapy. Section 4 . Said chapter is further amended by striking paragraph (4) of Code Section 43-33-10, relating to general powers of the board, and inserting in its place a new paragraph to read as follows: (4) Initiate investigations of alleged or suspected violations of the provisions of this chapter or other laws of this state pertaining to physical therapy and any rules and regulations adopted by the board. For this purpose, any board member or authorized agent of the board shall have the power and right to enter and make reasonable inspection of any place where physical therapy is practiced;. Section 5 . Said chapter is further amended by striking paragraph (3) of Code Section 43-33-12, relating to requirements for licensure as a physical therapist, and inserting in its place a new paragraph (3) to read as follows: (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19. Section 6 . Said chapter is further amended by striking paragraph (3) of Code Section 43-33-13, relating to requirements for licensure as a physical therapist assistant, and inserting in its place a new paragraph (3) to read as follows: (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (a) of Code Section 43-1-19. Section 7 . Said chapter is further amended by striking Code Section 43-33-14, relating to examinations generally, and inserting in its place a new Code section to read as follows: 43-33-14. The board shall determine the competence of applicants to practice as physical therapists or as physical

Page 815

therapist assistants by any method or procedure which the board deems necessary to test the applicant's qualifications. Section 8 . Said chapter is further amended by striking Code Section 43-33-16, relating to expiration, renewal, and restoration of licenses, and inserting in its place a new Code Section 43-33-16 to read as follows: 43-33-16. All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the joint-secretary prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the joint-secretary. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. The board shall require no less than four hours of continuing education in order to renew any license issued pursuant to this chapter. Section 9 . Said chapter is further amended by striking subsection (b) of Code Section 43-33-17, relating to temporary licenses, and inserting in its place a new subsection to read as follows: (b) A temporary license issued pursuant to this Code section shall expire after six months and be subject to renewal only upon good and exceptional cause shown, provided that a temporary license may not be renewed more than one time. Section 10 . Said chapter is further amended by striking Code Section 43-33-21, relating to the termination of the State Board of Physical Therapy, and inserting in its place a new Code section to read as follows: 43-33-21. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State

Page 816

Board of Physical Therapy shall be terminated on July 1, 1992, 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 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CIVIL PRACTICEDISMISSAL AND RECOMMENCEMENT OF CIVIL ACTIONS; TIME; PERMISSION AND ORDER OF COURT. Code Section 9-11-41 Amended. No. 1486 (House Bill No. 1185). AN ACT To amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement of civil actions, so as to provide that a plaintiff may dismiss an action without order or permission of court at any time before the plaintiff rests his case; to provide that after commencement of a trial permission and an order of the court must be obtained before dismissal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to the dismissal and recommencement

Page 817

of civil actions, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Subject to the provisions of subsection (c) of Code Section 9-11-23, of Code Section 9-11-66, and of any statute, an action may be dismissed by the plaintiff, without order or permission of court, by filing a written notice of dismissal at any time before the plaintiff rests his case. After the plaintiff rests his case, permission and an order of the court must be obtained before dismissal. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counter-claim can remain pending for independent adjudication by the court. A dismissal under this subsection is without prejudice, except that the filing of a third notice of dismissal operates as an adjudication upon the merits. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. EDUCATIONPUBLIC SCHOOL DISCIPLINARY TRIBUNALS; APPEALS; TIME LIMITS FOR DECISIONS. Code Section 20-2-754 Amended. No. 1487 (House Bill No. 1276). AN ACT To amend Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public

Page 818

school disciplinary tribunals and the review of such proceedings, so as to afford the local board of education ten days, excluding weekends and holidays, to decide appeals in disciplinary matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GOERGIA: Section 1 . Code Section 20-2-754 of the Official Code of Georgia Annotated, relating to procedures to be followed by public school disciplinary tribunals and the review of such proceedings, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (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, excluding weekends and public and legal holidays provided for in Code Section 1-4-1, 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. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 819

MOTOR VEHICLES AND TRAFFICPASSING A STOPPED SCHOOL BUS; REPORTS BY BUS DRIVER; ENFORCEMENT. Code Section 40-6-163 Amended. No. 1488 (House Bill No. 1347). AN ACT To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, so as to change certain reporting requirements relative to persons who violate a certain law relative to duty of driver of vehicle meeting or overtaking a school bus; to repeal certain provisions relative to duties of the Department of Public Safety; to repeal other provisions relative to the administration and enforcement of this Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to the duty of driver of vehicle meeting or overtaking a school bus and reports of certain violations, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrenc on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 820

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. AD VALOREM TAXAGRICULTURAL PROPERTY; PREFERENTIAL ASSESSMENT; ALTERNATIVE TAX PENALTY; ILLNESS OR DISABILITY. Code Section 48-5-7.1 Amended. No. 1489 (House Bill No. 1412). 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 bona fide agricultural purposes, so as to provide for an alternative tax penalty in cases where a covenant to maintain eligible property in agricultural use is breached solely as a result of a medically demonstrable illness or disability; to provide for all related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to preferential ad valorem tax assessment of tangible real property devoted to bona fide agricultural purposes, is amended by adding a new subsection (r) to read as follows: (r) (1) In any case in which a convenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property

Page 821

physically unable to continue the property in agricultural use, 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. The penalty specified by paragraph (2) of this subsection shall likewise be substituted for the penalty specified by subsection (g) of this Code section in any case in which a convenant is breached solely as a result of a medically demonstrable illness or disability which renders the operator of the real property physically unable to continue the property in agricultural use, provided that the alternative penalty shall apply in this case only if the operator of the real property is a member of the family owning a family-farm corporation which owns the real property. (2) When a breach occurs 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. (4) Prior to imposing the alternative penalty authorized by this subsection in lieu of the penalty specified by subsection (g) of this Code section, the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability which meets the qualifications of paragraph (1) of this subsection. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 822

PERSONAL CARE HOMES AND DAY CARE CENTERSCRIMINAL RECORDS CHECKS FOR DIRECTORS AND EMPLOYEES; RECORDS SEARCH FEES. Code Sections 31-7-250 and 49-5-60 Amended. No. 1490 (House Bill No. 1420). AN ACT To amend Code Section 31-7-250 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of personal care homes, and Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of day-care centers, so as to authorize the department to establish records search fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-7-250 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of personal care homes, is amended by striking paragraph (14) thereof and inserting in its place a new paragraph to read as follows: (14) `Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, 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. Section 2 . Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions concerning criminal records checks for directors and employees of day-care centers,

Page 823

is amended by striking paragraph (16) thereof and inserting in its place a new paragraph to read as follows: (16) `Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. DRIVER TRAINING SCHOOLSRENEWAL OF OPERATORS' LICENSES. Code Section 43-13-6 Amended. No. 1491 (House Bill No. 1423). AN ACT To amend Code Section 43-13-6 of the Official Code of Georgia Annotated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, so as to change the provisions relating to 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:

Page 824

Section 1 . Code Section 43-13-6 of the Official Code of Georgia Annotated, relating to issuance of licenses to and renewal of licenses of operators of driver training schools, is amended by striking in its entirety subsection (b), which reads as follows: (b) All outstanding licenses issued to any driver training school or driver training instructor pursuant to this chapter shall expire at 12:00 Midnight on September 30 of the calendar year for which the license was issued and must be renewed annually unless sooner canceled, suspended, or revoked under Code Section 43-13-7., and inserting in lieu thereof a new subsection (b) to read as follows: (b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for one year from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed annually through the Department of Public Safety as provided in subsection (d) of this Code section and shall be valid for one year from the date of renewal. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 825

INCOME TAXREFUNDS; SETOFF DEBT COLLECTION; CLAIMANT AGENCIES; PRIORITY; STUDENT LOANS. Code Section 48-7-161 Amended. No. 1492 (House Bill No. 1464). AN ACT To amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax refunds, so as to include within the definition of claimant agency certain state agencies and authorities for the purpose of the collection of debts arising under certain student loan and financial assistance programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection in connection with income tax refunds, is amended by striking paragraph (1) of Code Section 48-7-161, relating to definition of terms used in said article, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Sections 49-4-15 and 49-4-128; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; and

Page 826

(D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. STATE GOVERNMENTCENTRAL INVENTORY OF PERSONAL PROPERTY; APPLICABILITY; ACQUISITION COSTS; PRIOR APPROVAL. Code Section 50-16-161 Amended. No. 1493 (House Bill No. 1573). AN ACT To amend Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the Central Investory of Personal Property maintained by the Department of Administrative Services, so as to change the applicability of such laws; to change the provisions relating to acquisition costs; to change the provisions relating to including additional items in an agency's personal property inventory; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-16-161 of the Official Code of Georgia Annotated, relating to the applicability to movable personal property of the Central Inventory of Personal Property maintained by the Department of Administrative Services, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:

Page 827

(a) This part shall apply to movable personal property, which shall be defined as any item which meets the following criteria: (1) Any item which is basically nonconsumable and nonexpendable in nature, such as motor vehicles, mechanized and nonmechanized equipment, office equipment, appliances, etc.; (2) Any item with an estimated usable life expectancy of three or more years and an item acquisition cost of $500.00 or more; or (3) Any item or items which an agency feels should be included in its personal property inventory even though it fails to meet the criteria outlined above. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. LEGISLATIVE EDUCATIONAL RESEARCH COUNCILABOLISHED. Code Title 20, Chapter 7 Repealed. No. 1494 (House Bill No. 1653). AN ACT To repeal Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, so as to abolish said council; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 828

Section 1 . Chapter 7 of Title 20 of the Official Code of Georgia Annotated, relating to the Legislative Educational Research Council, is repealed in its entirety and said council is abolished. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. DENTAL HYGIENISTSDUTIES; PREVENTION AND TREATMENT OF DENTAL DISEASE. Code Section 43-11-74 Amended. No. 1495 (House Bill No. 1687). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to provide for the performance of certain duties by dental hygienists; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking Code Section 43-11-74, relating to the requirement of performing duties under the supervision of a licensed dentist, in its entirety and inserting in lieu thereof a new Code Section 43-11-74 to read as follows:

Page 829

43-11-74. (a) Dental hygienists shall perform their duties only under the supervision of a licensed dentist. No dental hygienist shall practice dentistry or do any kind of dental work other than to remove calcareous deposits, secretions, and stains from the surfaces of the teeth, to apply ordinary wash or washes of a soothing character, to sterlize instruments, to perform routine office work, and to perform those acts, services, procedures, and practices, reasonable and necessary for the prevention and treatment of dental disease, which the board shall prescribe by rule or regulation. (b) Effective July 1, 1987, this Code section shall stand repealed in its entirety. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. GEORGIA BUILDING AUTHORITYAGENCY FOR REMOVAL OF HAZARDOUS MATERIALS. Code Sections 50-9-80 through 50-9-84 Enacted. No. 1496 (House Bill No. 1952). AN ACT To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to create the Agency for Removal of Hazardous Materials to provide for the abatement and removal of asbestos and other

Page 830

hazardous materials from public premises; 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 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 50-9-80. There is created the Agency for Removal of Hazardous Materials. 50-9-81. The Governor shall appoint a director of the agency who shall serve at the pleasure of the Governor. The Governor may appoint as the director an officer or employee of another department or authority of the state, and if he does so, such person shall hold the office of director ex officio without further compensation except for normal reimbursement of actual expenses as provided for in the rules of the state auditor and the Office of Planning and Budget. The director shall employ such employees of the agency as may be necessary to carry out its purposes. 50-9-82. The agency shall establish and administer a program for the abatement and removal of asbestos and other hazardous materials from premises of the state, state authorities, counties, municipal corporations, local and independent school systems, and other units and authorities of state and local government. The agency may perform its functions through its own staff and resources or through the procurement of services and resources from the private sector. 50-9-83. The employees of the Georgia Building Authority may serve as employees of the agency. When performing agency functions, they shall be deemed to be employees of and under the control of the agency, and all activities by them and of the agency for any purpose whatsoever shall be deemed to be the activities of the agency and the state

Page 831

and not the activities of the Georgia Building Authority. The Georgia Building Authority further may cooperate with the agency by providing or transferring to it funds, equipment, and facilities, but in no event shall the activities and undertakings of the agency be deemed to be the activities of the Georgia Building Authority, directly or indirectly. 50-9-84. All units of state government, state authorities, and units of local government may request and receive the assistance of the agency, on such terms of payment and otherwise as the agency may determine for the abatement and removal of asbestos and other hazardous materials from their premises. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CHIROPRACTICEDUCATIONAL REQUIREMENTS TO PRACTICE; SCHOOLS OR COLLEGES IN FOREIGN COUNTRIES. Code Section 43-9-7 Amended. No. 1497 (Senate Bill No. 302). AN ACT To amend Code Section 43-9-7 of the Official Code of Georgia Annotated, relating to qualifications of applicants for license to practice chiropractic, so as to authorize the Georgia Board of Chiropractic Examiners to promulgate rules and regulations

Page 832

with respect to certain education 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 43-9-7 of the Official Code of Georgia Annotated, relating to qualifications of applicants for license to practice chiropractic, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (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. The board is authorized to promulgate rules and regulations regarding such requirements with respect to schools or colleges in foreign countries not approved by the Southern Association of Accredited Colleges and Universities. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 833

CLERKS OF THE SUPERIOR COURTSMINIMUM ANNUAL SALARIES. Code Section 15-6-88 Amended. No. 1498 (Senate Bill No. 405). AN ACT To amend Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, so as to change the minimum annual salary; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-88 of the Official Code of Georgia Annotated, relating to minimum annual salaries for clerks of superior courts, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 15-6-88 to read as follows: 15-6-88. Any other provision of law to the contrary notwithstanding, the minimum annual salary of each clerk of the superior court in each county of this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census; 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:

Page 834

Population Minimum Salary 05,999 $ 14,746.00 6,00011,999 20,249.00 12,00019,999 22,938.00 20,00029,999 24,576.00 30,00039,999 26,214.00 40,00049,999 27,852.00 50,00099,999 29,491.00 100,000199,999 31,130.00 200,000249,999 32,768.00 250,000294,999 45,315.00 295,000and up 50,023.00 Section 2 . This Act shall become effective on January 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. MOTOR VEHICLES AND TRAFFICENFORCEMENT OF UNIFORM RULES OF THE ROAD ON PRIVATE PROPERTY WHICH FRONTS ON COASTAL MARSHLANDS OR ESTUARINE AREAS; NOTICES. Code Section 40-6-3 Amended. No. 1499 (Senate Bill No. 417). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that an owner of private property may file a petition with the local law enforcement agency having primary jurisdiction to enforce

Page 835

the uniform rules of the road in such area requesting state and local law enforcement agencies to enforce the uniform rules of the road on said private property; to provide that a plat delineating the roads, streets, and common areas shall also be filed with the petition; to provide that the primary law enforcement agency shall provide law enforcement services at no cost to the owner of the private property or contract with the owner of the private property or contract with the owner of the private property to provide such services; to provide that the users of such private roads, streets, and common areas shall be subject to all state and local traffic laws and regulations; to provide for concurrent jurisdiction with other law enforcement agencies; to provide for the giving of notice that the uniform rules of the road will be enforced on private property; to provide for other matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking from Code Section 40-6-3, relating to areas in which the uniform rules of the road apply, the word and at the end of paragraph (3); by striking the period at the end of paragraph (4) and substituting in lieu thereof ; and; and by adding a new paragraph (5) at the end of said Code section to read as follows: (5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-5-281 provided the owner of the private property files with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area: (i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and (ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property.

Page 836

(B) The local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency. (C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets. (D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law enforcement agency to enforce the rules of the road on said private property. (E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and by posting signs along the private roads and streets specifying that state and local law enforcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 837

SHERIFFSMINIMUM ANNUAL SALARIES. Code Sections 15-16-20 and 15-16-20.1 Amended. No. 1500 (Senate Bill No. 419). 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 change certain provisions relating to population classifications; to change the provisions relating to additional salary for sheriffs who perform duties for other courts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 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) 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. 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 05,999 $ 20,782.00 6,00011,999 23,189.00 12,00019,999 26,631.00 20,00029,999 29,324.00 30,00039,999 32,016.00 40,00049,999 34,711.00 50,00099,999 37,403.00 100,000199,999 39,946.00 200,000249,999 42,789.00 250,000299,999 46,836.00 300,000and up 52,304.00 Section 2 . Said chapter is further amended by striking Code Section 15-16-20.1 in its entirety and inserting in lieu thereof a new Code Section 15-16-20.1 to read as follows: 15-16-20.1. 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, magistrate court, juvenile court, or recorder's 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. Section 3 . This Act shall become effective January 1, 1987. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 839

DRIVERS' LICENSES AND DRIVER TRAINING SCHOOLSCROSS REFERENCES IN LAWS. Code Sections 40-5-22, 40-5-83.1, and 43-13-6.1 Amended. No. 1501 (Senate Bill No. 441). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, and Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, so as to change and correct certain internal cross-references; 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 subsection (a) of Code Section 40-5-22, relating to certain requirements for issuance of a driver's license, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department shall not issue any driver's license to any person who is under the age of 16 years, except that the department may, under subsection (a) of Code Section 40-5-24, issue an instruction permit permitting the operation of a Class 1 vehicle to any person who is at least 15 years of age. On and after January 1, 1985, the department shall not issue any driver's license to any person under 18 years of age unless such person presents a certificate or other evidence acceptable to the department which indicates satisfactory completion of an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; provided, however, that a person under 18 years of age who becomes a resident of this state and who has in his immediate possession a valid license issued to him in another state or country shall not be required to take or complete the alcohol and drug course. Section 2 . Said chapter is further amended by striking Code Section 40-5-83.1, relating to special licenses for certain

Page 840

driver improvement clinic instructors, and inserting in lieu thereof a new Code Section 40-5-83.1 to read as follows: 40-5-83.1. The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. Section 3 . Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended by striking Code Section 43-13-6.1, relating to special licenses for driver training school instructors, and inserting in lieu thereof a new Code Section 43-13-6.1 to read as follows: 43-13-6.1. The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. Section 4 . This Act shall become effective on July 1, 1986. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 841

CITIES OF NOT LESS THAN 400,000BINDING CONTRACTS REGARDING DOWNTOWN DEVELOPMENT AREAS AND URBAN REDEVELOPMENT AREAS. Code Section 36-30-3 Amended. No. 1502 (Senate Bill No. 583). AN ACT To amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, so as to permit municipal governing authorities in cities having populations of not less than 400,000 according to the United States decennial census of 1980 or any future such census to enter into binding contracts regarding downtown development areas and urban redevelopment areas; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances binding succeeding councils, is amended by adding at the end thereof a new subsection, to be designated subsection (c), to read as follows: (c) The governing authorities of municipal corporations having a population of not less than 400,000 according to the United State decennial census of 1980 or any future such census may on behalf of such municipal corporations enter into contracts with private or public entities which shall be binding on such authorities and successors, with respect to the leasing, subleasing, maintenance, or management of property for retail facilities, restaurants, or office or other commercial use which is located in its downtown development area, as defined in paragraph (3) of Code Section 36-42-3, and which is located in or contiguous to an urban redevelopment area established pursuant to Chapter 61 of Title 36, the `Urban Redevelopment Law.' Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 842

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CRIMINAL PROCEDURESENTENCES; NO CHANGE PERMITTED AFTER THE TERM OF COURT OR 60 DAYS. Code Section 17-10-1 Amended. No. 1503 (House Bill No. 1154). AN ACT To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentences by the judge in criminal cases generally, so as to provide that the judge shall have no authority to change a sentence after the term of court or 60 days have passed following the imposition of such sentence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentences by the judge in criminal cases generally, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Except in cases in which life imprisonment or the death penalty must be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years, which shall be within the minimum and maximum prescribed by law as the punishment for the

Page 843

crime. The judge imposing the sentence is granted power and authority to suspend or probate the sentence under such rules and regulations as he deems proper. The judge shall also be empowered to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court. After the term of court, or 60 days from the date on which the sentence was imposed by the judge, whichever time is greater, he shall have no authority to suspend, probate, modify, or change the sentence of the defendant, except as otherwise provided by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. COSMETOLOGISTSPRACTICE; EXAMINATIONS; BARBERS; CONTINUATION OF BOARD. Code Sections 43-10-1, 43-10-2, 43-10-9, and 43-10-20 Amended. No. 1504 (House Bill No. 1173). AN ACT To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change definitions; to change qualifications for members of the State Board of Cosmetology and provide for removal of such members; to change the provisions authorizing practice pending release of examination results; to provide conditions under which persons licensed to practice barbering may become eligible to take the master cosmetologist examination; to provide for the continuation of the State Board of Cosmetology but provide for the later termination of that board and the repeal of the laws relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 844

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking subparagraph (A) of paragraph (4) of Code Section 43-10-1, relating to definitions, and inserting in its place a new subparagraph to read as follows: (A) Cuts, braids, or dresses the hair;. Section 2 . Said chapter is further amended by striking subsections (a) and (e) of Code Section 43-10-2, relating to creation of the board of cosmetology, and inserting in their respective places new subsections (a) and (e) to read as follows: (a) There is created the State Board of Cosmetology. The board shall consist of eight members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17. Section 3 . Said chapter is further amended by striking subsection (c) of Code Section 43-10-9, relating to application for certificate of registration, which reads as follows: (c) Any person approved for examination under this Code section shall be allowed to practice the occupation of cosmetology until the next examination that the applicant is scheduled to take. The board shall issue a permit authorizing such person so to practice until such examination. Thereafter, no further such permit shall be renewed or issued to the person to authorize such practice., and inserting in its place a new subsection to read as follows:

Page 845

(c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the examination for which the applicant is scheduled. If the applicant fails to appear for the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination. Section 4 . Said chapter is further amended by adding at the end of Code Section 43-10-9, relating to application for certificate of registration, a new subsection (h) to read as follows: (h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 300 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board. Section 5 . Said chapter is further amended by striking Code Section 43-10-20, relating to termination of the State Board of Cosmetology, and inserting in its place a new Code section to read as follows: 43-10-20. 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 Cosmetology shall be terminated on July 1, 1992, 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 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 846

STATE BOARD OF NURSING HOME ADMINISTRATORSREMOVAL OF MEMBERS; POWERS AND DUTIES; LICENSES; RECIPROCITY; TERMINATION DATE. Code Title 43, Chapter 27 Amended. No. 1505 (House Bill No. 1177). AN ACT To amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change certain definitions regarding to which persons the board's authority applies; to change the provisions relating to removal of members from the State Board of Nursing Home Administrators; to change the general powers and duties of that board; to change the requirements for licensure; to change the reciprocity provisions; to provide for the continuation of that board but provide for the later termination of that board and the repeal of the laws relating thereto; provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by striking paragraph (2) of Code Section 43-27-1, relating to definitions affecting nursing home administrators, and inserting in its place a new paragraph (2) to read as follows: (2) `Nursing home' has the same meaning as prescribed by the Department of Human Resources in the rules and regulations for nursing homes. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 43-27-2, relating to the creation of the State Board of Nursing Home Administrators, and inserting in its place a new subsection to read as follows: (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided

Page 847

in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position. Section 3 . Said chapter is further amended by striking Code Section 43-27-4, relating to the board's authority to determine qualifications of administrators, and inserting in its place a new Code Section 43-27-4 to read as follows: 43-27-4. The board shall have sole and exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a nursing home under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of a nursing home. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 43-27-5, relating to general powers of the board, and inserting in its place a new subsection to read as follows: (a) The board shall have the following powers and duties: (1) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure; (2) To deny, suspend, revoke, or otherwise sanction licenses to practice as a nursing home administrator; (3) To initiate investigations for the purpose of discovering violations of this chapter; (4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Medical Assistance or the Department of Human Resources, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources and make written findings as to the causes of the alleged violations;

Page 848

(5) To conduct hearings upon charges into alleged violations of this chapter; (6) To prepare or approve all examinations for licensure as a nursing home administrator; (7) To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a nursing home administrator; (8) To conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state for the purpose of improving the standards imposed for the licensing of such administrators; and (9) To adopt such rules and regulations as shall be reasonably necessary for the implementation and enforcement of this chapter. The board shall have the authority to establish, provide, or approve various education programs or courses for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as nursing home administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed nursing home administrators to attend such programs or courses as a prerequisite to their being issued any license renewal. Section 5 . Said chapter is further amended by striking subsection (b) of Code Section 43-27-6, relating to requirements for licensure, and inserting in its place a new subsection to read as follows: (b) The board shall issue licenses as nursing home administrators only to persons who: (1) Are at least 21 years of age; (2) Are of reputable and responsible character; (3) Reserved; (4) Meet the standards and the criteria established by the board to evidence the applicant's qualifications

Page 849

by training and experience to operate a nursing home, provided that two years of experience working in a nursing home shall be equivalent to one year of any academic education and training requirements established by the board; and such experience may be substituted without limitation for such education and training requirements; and (5) Satisfactorily pass a written or oral examination, or both, approved by the board to determine the qualifications of the applicant to operate a nursing home. Section 6 . Said chapter is further amended by striking Code Section 43-27-7, relating to reciprocity, and inserting in its place a new Code section to read as follows: 43-27-7. The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated thereunder prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home administrator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board that such other state or national organization maintains a system and standard of qualifications and examinations for a nursing home administrator license or certificate which is substantially equivalent to those required in this state. Section 7 . Said chapter is further amended by striking Code Section 43-27-12, relating to the termination of the board, and inserting in its place a new Code section to read as follows: 43-27-12. 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 Nursing Home Administrators shall be terminated on July 1, 1992, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 850

Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. MOTOR VEHICLE LICENSE PLATESGEORGIA STATE UNIVERSITY; MORRIS BROWN COLLEGE. Code Sections 40-2-29.4 and 40-2-29.5 Enacted. No. 1506 (House Bill No. 1384). 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 seventy-fifth anniversary of the founding of Georgia State University; to provide for the issuance of special license plates to commemorate the founding of Morris Brown College; 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 immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 to read as follows: 40-2-29.4. (a) Georgia State University having been established as the School of Commerce at the Georgia Institute of Technology in the 1913-1914 academic year under the direction of Professor Wayne Sailley Kell, there shall

Page 851

be issued in 1988 special license plates to commemorate the seventy-fifth anniversary of the establishment of that university. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the seventy-fifth anniversary of the founding of Georgia State University. 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 years 1988 through 1989, 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 $25.00 manufacturing fee in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. (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 . Said article is further amended by adding immediately after Code Section 40-2-29.4 a new Code Section 40-2-29.5 to read as follows: 40-2-29.5. (a) To commemorate the founding of Morris Brown College there shall be issued in 1987 special license plates to commemorate the founding of that college. (b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Morris Brown College. 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 years 1987 through 1989, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing

Page 852

of motor vehicles and upon the payment of a $25.00 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, 1987, 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 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. MOTOR VEHICLE LICENSE PLATESGEORGIA SOUTHERN COLLEGE, WEST GEORGIA COLLEGE, AND ALBANY STATE COLLEGE. Code Sections 40-2-29.4 and 40-2-29.5 Enacted. No. 1507 (House Bill No. 1444). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing

Page 853

of motor vehicles in general, so as to authorize and direct the commissioner of revenue to design a special distinctive license plate for Georgia Southern College, for West Georgia College, and for Albany State College; 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 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 immediately after Code Section 40-2-29.3 a new Code Section 40-2-29.4 and a new Code Section 40-2-29.5 to read as follows: 40-2-29.4. (a) The commissioner shall design a special distinctive license plate for Georgia Southern College and for West Georgia College. It shall not be a requirement that a county name decal be affixed and displayed on license plates under this Code section. (b) In calendar years 1987 through 1989, 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 $25.00 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, 1987, 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. (c) 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. 40-2-29.5. (a) To commemorate the founding of Albany State College there shall be issued in 1987 special license plates to commemorate the founding of that college.

Page 854

(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the founding of Albany State College. 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 1987, 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 $25.00 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, 1987, 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 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 855

COMPTROLLER GENERALTITLE CHANGED TO COMMISSIONER OF INSURANCE IN CERTAIN CODE SECTIONS; EXCEPTIONS; ELECTIONS. Official Code of Georgia Annotated Amended. No. 1508 (House Bill No. 1507). AN ACT To amend the Official Code of Georgia Annotated so as to change the title of the Comptroller General to Commissioner of Insurance in various Code sections throughout the Official Code of Georgia Annotated; to provide for exceptions; to provide for the election, bond, compensation, powers, duties, employees, and seal of the Commissioner of Insurance; to provide for a deputy comptroller general and the powers and duties of such person; to provide for records, warrants, and reports; to provide for the office of the Commissioner of Insurance and divisions thereof; to change the provisions relating to the Industrial Loan Commissioner and the Safety Fire Commissioner; to repeal the provisions relating to assignment of suitable rooms at the state capital to the Insurance Department; to correct grammatical and stylistic errors; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Official Code of Georgia Annotated is amended by striking subsection (a) of Code Section 7-3-7, relating to the creation of the office of industrial loan commissioner, and inserting in lieu thereof a new subsection (a) of said Code section to read as follows: (a) There is created the office of industrial loan commissioner; and the Commissioner of Insurance of the State of Georgia is designated and constituted the industrial loan commissioner under this chapter and is invested with all of the powers and authority provided for such commissioner. In addition to those powers specifically enumerated, it shall

Page 856

be his duty and authority to supervise generally and to exercise regulatory powers over the making of loans of $3,000.00 or less in the State of Georgia by persons governed and regulated by this chapter. Section 2 . Said Code is further amended by striking subsection (c) of Code Section 10-1-395, relating to the appointment and duties of the administrator of the Fair Business Practices Act of 1975, and inserting in lieu thereof a new subsection (c) of said Code section to read as follows: (c) The administrator shall receive all complaints under this part. He shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation. Section 3 . Said Code is further amended by striking Code Section 21-2-9, relating to the date of election for the Governor, congressmen, and other elected officials, and inserting in lieu thereof a new Code Section 21-2-9 to read as follows: 21-2-9. The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office. Section 4 . Said Code is further amended by striking Code Section 21-2-136, relating to the restriction on the number of offices for which an individual may be nominated or be a candidate in any one primary or 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

Page 857

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, Commissioner of Insurance, 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 superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly. Section 5 . Said Code is further amended by striking subsection (d) of Code Section 21-2-495, relating to the procedure for a recount or recanvass of votes and a losing candidate's right to a recount, and inserting in lieu thereof a new subsection (d) of said Code section to read as follows: (d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county, except the offices of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition to the Secretary of State pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The

Page 858

Secretary of State may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes. Section 6 . Said Code is further amended by striking subparagraph (A) of paragraph (4) of Code Section 21-2-497, relating to preparation by an election superintendent of four copies of the consolidated return of an election, and inserting in lieu thereof a new subparagraph (A) of paragraph (4) of said Code section to read as follows: (A) In the case of election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, the returns shall be sealed up by the superintendent separately from other returns and shall be transmitted immediately to the Secretary of State;. Section 7 . Said Code is further amended by striking subsection (b) of Code Section 21-2-501, relating to a majority vote as a prerequisite for nomination or election and the run-off procedure for constitutional officers, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In the event no candidate for the office of Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the election for the office in which no candidate received a majority by immediately calling a run-off election and designating as candidates therein the candidates who received the two highest numbers of votes for the particular office concerned and who continue in life and have not declined to continue as a candidate. This run-off election shall be held on the third Tuesday immediately following the general election. The run-off election shall be a continuation of the general election for the particular office concerned, and only the electors who were entitled to vote

Page 859

in the general election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated by the Constitutional Officers Election Board as candidates in such run-off election shall be counted in the tabulation and canvass of the votes cast. The provisions of Code Section 21-2-498 relating to the convening of the Constitutional Officers Election Board, transmission of the returns in the general election, and the opening of the returns, their tabulation, canvassing, and publication shall apply to the run-off elections provided for by this subsection. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate, and publish the returns of the run-off election or elections. The person having the highest number of votes entitled to be counted in the run-off election for each of such offices shall be declared duly elected. Section 8 . Said Code is further amended by striking Code Section 21-5-2, relating to a declaration of policy under the Campaign and Financial Disclosure Act, and inserting in lieu thereof a new Code Section 21-5-2 to read as follows: 21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic process and to ensure fair elections for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Commissioner of Insurance, Commissioner of Agriculture, State School Superintendent, Commissioner of Labor, Public Service Commissioners, district attorneys, members of the Georgia House of Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum. Further, it is the policy of this state to require public disclosure of campaign contributions and expenditures when such are 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.

Page 860

Section 9 . Said Code is further amended by striking Code Section 25-2-2, relating to creation of the office of Safety Fire Commissioner, and inserting in lieu thereof a new Code Section 25-2-2 to read as follows: 25-2-2. The office of Safety Fire Commissioner is created. The Commissioner of Insurance shall be the Safety Fire Commissioner. Section 10 . Said Code is further amended by striking Code Section 25-2-6, relating to the head of the Safety Fire Division, and inserting in lieu thereof a new Code Section 25-2-6 to read as follows: 25-2-6. The Safety Fire Division of the office of Commissioner of Insurance shall be headed by the state fire marshal appointed by the Commissioner. Section 11 . Said Code is further amended by striking subsection (c) of Code Section 28-6-1, relating to the creation of the Senate, House, and Governor's Committees on Interstate Cooperation, and inserting in lieu thereof a new subsection (c) of said Code section to read as follows: (c) There is established a committee of administrative officials and employees of this state to be known officially as the Governor's Committee on Interstate Cooperation and to consist of five members. Its members shall be: the Commissioner of Insurance, ex officio; the Attorney General, ex officio; the Secretary of State, ex officio; and two other administrative officials or employees to be designated by the Governor. The Governor shall appoint one of the five members of this committee as its chairman. In addition to the regular members, the Governor shall be ex officio an honorary nonvoting member of this committee. Section 12 . Said Code is further amended by striking Code Section 33-2-1, relating to the creation of the Department of Insurance, and inserting in lieu thereof a new Code Section 33-2-1 to read as follows: 33-2-1. There shall be in the office of the Commissioner of Insurance a department which shall be called the Insurance

Page 861

Department of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this title. Section 13 . Said Code is further amended by striking subsection (a) of Code Section 33-14-6, relating to the grant of corporate powers and privileges generally, and inserting in lieu thereof a new subsection (a) of said Code section to read as follows: (a) All corporate powers and privileges to insurance companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions of and subject to this title and the laws and Constitution of this state. If from any cause the Secretary of State should be disqualified from issuing and granting said powers, the duties required by this title to be performed by the Secretary of State shall be performed by the Commissioner of Insurance. Section 14 . Said Code is further amended by striking paragraph (2) of Code Section 43-18-92, relating to definitions of terms relative to contracts for preneed funeral services, and inserting in lieu thereof a new paragraph (2) of said Code section to read as follows: (2) `Commissioner' means the Commissioner of Insurance. Section 15 . Said Code is further amended by striking Code Section 43-18-94, relating to the application for a certificate of authority for the issuance of preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-94 to read as follows: 43-18-94. (a) An application to the Commissioner for a certificate of authority and all renewals thereof shall be accompanied by a statement and other matters as required by this article, and annually thereafter, on or before July 1. Persons applying for or renewing a certificate shall file such statement by March 1 and shall also file such other data and information as may be required by the Commissioner.

Page 862

Such statement shall be in such form as shall indicate to the Commissioner the following: (1) The types of preneed funeral service contracts proposed to be written and, if a person is bound on July 1, 1967, by a preneed funeral service contract or if the statement accompanies an application for a renwal of a certificate of authority: (A) An itemization of all the outstanding preneed funeral service contracts; (B) The dates upon which such contracts were entered; (C) The account numbers of all papers, certificates, receipts, and directions of all parties involved in such contracts or having any right thereunder; and (D) The amount paid in on each contract and, if payments are not completed, the amounts intended to be paid on each contract; (2) Name and address of place of business of person offering to write preneed funeral service contracts; (3) That a person offering the statement had sufficient funds available during the calendar year to perform his obligations under his contract; and that he has maintained 100 percent of the funds received under contracts issued by himself as described in Code Section 43-18-96, together with all interest, dividends, or accretions thereto which have been earned by said funds; and that he has complied with this article and any rules or regulations of the Commissioner. (b) If the applicant is an individual, the statement shall be sworn by him; if a firm or association, by all members thereof; and, if a corporation, by the president and secretary thereof. (c) The fees payable to the Commissioner for issuance of the original certificate and each annual renewal thereof

Page 863

shall be $10.00, which sum shall accompany each application for original certificate and, thereafter, each annual statement. (d) Upon the Commissioner's being satisfied that the statement and matters which may accompany it meet the requirements of this article and of his rules and regulations and if, upon investigation by the Commissioner, it appears that the principals, including officers, directors, employees, and agents of the applicant, are of good moral character and that the applicant has not conducted or is not about to conduct his business in a fraudulent manner and is authorized to do business in this state, the Commissioner shall issue to the applicant a certificate of authority or renewal thereof. Section 16 . Said Code is further amended by striking Code Section 43-18-95, relating to the requirement that a person holding a certificate of authority for preneed funeral service contracts keep accurate records, and inserting in lieu thereof a new Code Section 43-18-95 to read as follows: 43-18-95. (a) All persons holding a certificate of authority shall keep accurate accounts, books, and records in this state, including: (1) Records of all transactions; (2) Copies of all agreements; (3) Dates and amounts of payments made and accepted thereon; (4) The names and addresses of the contracting parties; (5) The persons for whose benefit funds are accepted; and (6) The names of the depositories of the funds. Holders of certificates of authority shall make all books and records pertaining to the trust funds available to the Commissioner

Page 864

for examination. The Commissioner may at any time investigate the books, records, and accounts of these persons with respect to said trust funds and for that purpose may require the attendance of, and examine under oath, all persons whose testimony he may require. (b) The Commissioner is directed to make all known violaitons of this article a matter of public record after 30 days' written notice to the violator of such violation. The Commissioner shall be the enforcement officer of this article. (c) Any person holding a certificate of authority shall furnish the Commissioner with a certified copy of his bank statement or statements annually when applying for renewal of his certificate of authority, showing the amount of funds held for preneed funeral services as of January 1 of that year. Section 17 . Said Code is further amended by striking Code Section 43-18-97, relating to the service charge on preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-97 to read as follows: 43-18-97. Any person selling a preneed funeral service contract shall collect from each purchaser a service charge of $5.00. All of such fees so collected shall be remitted by the person collecting the same to the Commissioner at least once each month. Section 18 . Said Code is further amended by striking Code Section 43-18-102, relating to revocation, suspension, or refusal to renew a certificate of authority for preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-102 to read as follows: 43-18-102. The Commissioner may revoke, suspend, or refuse to renew the certificate of authority of any person authorized to issue preneed funeral service contracts if, after notice and hearing held in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the Commissioner determines that such person: (1) Has violated any provision of this article or any other law of this state regarding the sale of preneed funeral service contracts;

Page 865

(2) Has intentionally misrepresented or concealed any material fact in the application for such certificate of authority; (3) Has obtained, or attempted to obtain, such certificate of authority by misrepresentation, concealment, or fraud; (4) Has knowingly failed to comply with or has violated any lawful order, rule, or regulation, of the Commissioner regarding preneed funeral service contracts; (5) Has misappropriated, converted, or illegally withheld or has failed or refused to pay over upon proper demand any money entrusted to said person belonging to the beneficiary under the preneed funeral service contract; (6) Has materially misrepresented the terms or conditions of a preneed funeral service contract; (7) Has committed fraudulent or dishonest practices in the business of selling preneed funeral service contracts; or (8) Has otherwise demonstrated a lack of trustworthiness or competence to engage in the business of selling preneed funeral service contracts. Section 19 . Said Code is further amended by striking Code Section 43-18-104, relating to injunctions relative to preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-104 to read as follows: 43-18-104. In addition to any other penalties as may be imposed under this article, the Commissioner may bring a civil action in the superior court in the county of the defendant's residence to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued by the Commissioner under this article. Section 20 . Said Code is further amended by striking Code Section 43-18-105, relating to liquidation proceedings relative

Page 866

to preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-105 to read as follows: 43-18-105. The Commissioner may petition the superior court in the county of residence of a person holding a certificate of authority to issue preneed funeral service contracts, praying for the issuance of an order to show cause why the business and affairs of such person should not be liquidated and a receiver appointed by the court to accomplish such purpose if such person has committed any one or more of the following acts and has failed or refused to correct such violations within 30 days after having received written notice from the Commissioner: (1) Has not maintained the funds received from contracts together with interest, dividends, or accretions thereto in the unimpaired state described in Code Section 43-18-96; (2) Has allowed his certificate of authority to lapse or has had it revoked in accordance with this article and has not made complete restitution of all funds, deposited with him for preneed funeral service contracts, to the beneficiaries under the contracts or to those persons otherwise entitled to the proceeds under the contracts; or (3) Has otherwise failed to comply with this article or any rule or regulation promulgated by the Commissioner in pursuance of this article. Section 21 . Said Code is further amended by striking Code Section 43-18-106, relating to fines, notices, and hearings relative to preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-106 to read as follows: 43-18-106. (a) In addition to any other penalties that may be imposed under this article, any person who violates this article or any rule, regulation, or order of the Commissioner issued in pursuance of this article shall be subject to a civil penalty not to exceed $100.00 per violation for each day that such violation or violations persist except that the maximum civil penalty for each violation shall not exceed $5,000.00. (b) Any such civil penalty may be imposed by the Commissioner only after notice and hearing. In determining the

Page 867

amount of the penalty, the Commissioner shall consider the size of the business of the person charged with the violation, the seriousness of the violation, its impact on the public at large, and the good faith of the person charged in his attempts to achieve compliance with this article. The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are enforced in the superior courts of this state. Section 22 . Said Code is further amended by striking Code Section 43-18-107, relating to enforcement of the laws relating to preneed funeral service contracts, and inserting in lieu thereof a new Code Section 43-18-107 to read as follows: 43-18-107. The administration and enforcement of this article are vested in the Commissioner, who is directed to prepare and furnish all forms necessary under this article, including forms for applications for certificates of authority, for renewals thereof, for annual statements, for other required reports, and for preneed funeral service contracts. The Commissioner is directed to promulgate such regulations, within the standards of this article, considered by him to be necessary to effectuate the purposes of this article. Section 23 . Said Code is further amended by striking Code Section 45-12-23, relating to calling of a council to investigate the incapacity of the Comptroller General, and inserting in lieu thereof a new Code Section 45-12-23 to read as follows: 45-12-23. Whenever the Governor receives information, deemed by him to be reliable, that the Commissioner of Insurance, by reason of sickness or other providential cause, is unable to perform the duties of his office, the Governor shall call a council to be composed of himself, the Secretary of State, and the Attorney General; and, if such council, or a majority thereof, after investigation and examination into the truth of such report, shall, in writing duly signed, find that such officer is incapable of performing the duties of his office, the Governor, in case of incapacity of the Commissioner of Insurance, shall designate the chief clerk or other clerk then serving in the office of the Commissioner of Insurance to perform the duties of the Commissioner of Insurance during his incapacity. The person so designated to perform the duties of the Commissioner of Insurance shall

Page 868

give bond with good security in the penal sum of $5,000.00, payable, conditioned, and to be approved in the same manner as the bond required by law to be given by the Commissioner of Insurance. The person designated to perform the duties of the Commissioner of Insurance shall not receive any compensation in addition to that he was, or is, receiving as clerk, but any expense incurred in furnishing the bond required by this Code section and Code Section 45-12-24 shall be borne by the state. When the person designated under authority of this Code section and Code Section 45-12-24 shall have given the bond required and said bond has been approved as required, he shall be authorized to do everything, perform every act, and exercise every prerogative or discretion that the Commissioner of Insurance might do, perform, or exercise under existing law in the absence of his incapacity. Section 24 . Said Code is further amended by striking Code Section 45-12-24, relating to proceedings upon cessation of incapacity of the Comptroller General, and inserting in lieu thereof a new Code Section 45-12-24 to read as follows: 45-12-24. Whenever in the discretion of the council composed of the Governor, the Secretary of State, and the Attorney General, as provided in this Code section and Code Section 45-12-23 or a majority thereof, that the incapacity of the Commissioner of Insurance has been overcome and removed, a finding in writing to that effect shall be made and filed in the Governor's office; and thereupon the authority of the person designated to act for the Commissioner of Insurance shall come to an end and the Commissioner of Insurance shall assume and perform the duties of his office. During the period of the incapacity of the Commissioner of Insurance, the salaries due as provided by existing law shall continue to be paid. Section 25 . Said Code is further amended by striking Chapter 14 of Title 45, relating to the Comptroller General, and inserting in lieu thereof a new Chapter 14 to read as follows: CHAPTER 14 ARTICLE 1 45-14-1. There shall be a Commissioner of Insurance who shall be elected at the same time and in the same manner as the Governor is elected.

Page 869

45-14-2. The Commissioner of Insurance shall give a bond for the sum of $20,000.00 subject to the same rules and regulations as the bond of the Secretary of State. 45-14-3. The Commissioner of Insurance shall be the Safety Fire Commissioner, the Industrial Loan Commissioner, and the Comptroller General. 45-14-4. (a) The Commissioner of Insurance shall be compensated in the amount and manner provided in Code Sections 45-7-3 and 45-7-4. He shall also be reimbursed for actual transportation costs while traveling by public carrier, the legal mileage rate for use of a personal automobile, and the actual cost of lodging and meals while away from his office on official state business as provided in Code Section 45-7-20. (b) The Commissioner of Insurance shall fix the compensation of the employees of this office including the employees of all divisions and units, by whatever name called, over which the Commissioner of Insurance has jurisdiction, except that any employees under the merit system shall be compensated as provided by the laws, rules, and regulations relative to such system. Employees shall also be reimbursed for expenses incurred in the performance of their duties. 45-14-5. The Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, and the Comptroller General shall have an official seal for each office of such design as he shall select with the approval of the Governor. Every certificate and other document or paper executed by the Commissioner of Insurance, Safety Fire Commissioner, Industrial Loan Commissioner, or the Comptroller General in the pursuance of any authority conferred upon that office by law and sealed with the seal of that office and all copies or photographic copies of papers certified by him and authenticated by said seal shall in all cases be evidence `in equal and like manner' as the original thereof and in all cases be primary evidence of the contents of the original and shall be admissible in any court in this state. ARTICLE 2 45-14-20. (a) These shall be in the office of the Commissioner of Insurance the office of the Comptroller General

Page 870

of the State of Georgia. The Commissioner of Insurance shall be the Comptroller General. (b) It shall be the duty of the Comptroller General: (1) To keep an account showing the several appropriations authorized by law, the time when the same are drawn from the treasury, in whose favor they are drawn, and to what fund they are charged; (2) To examine, check, and countersign all warrants upon the treasury drawn by the Governor, the President of the Senate, and the Speaker of the House of Representatives and to charge the amount thereof to the funds on which they may be respectively drawn prior to their being presented to the Fiscal Division of the Department of Administrative Services for payment; (3) To audit all accounts against the state and to allow or reject the same before they are submitted to the Governor; (4) To see that no draft or warrant shall be countersigned by him to be paid out of any appropriated fund after the fund has been exhausted; and in such case, or in any case of illegal payments from the treasury upon warrants countersigned by the Comptroller General, he and the director of the Fiscal Division of the Department of Administrative Services with all their securities shall be jointly and severally liable upon their several bonds for the repayment of such amounts with all expenses of prosecution to the state; (5) To receive and keep safely and collect all evidences of debt due to the state from any source other than taxes and to pay over the same to the director of the Fiscal Division of the Department of Administrative Services as soon as collected; (6) To keep a book in which to enter all bonds taken and to file the originals in his office; (7) To have made suitable indexes to the record books in his office; and

Page 871

(8) To certify under his official seal at all times when necessary for public use and, on application and payment of his legal fees therefor, for private use, copies of any papers kept in his office. 45-14-21. The Comptroller General is authorized and directed to designate one of his employees as deputy comptroller general. In the event the Comptroller General is sick or for any other reason is absent from his office for three or more days, the deputy comptroller general shall examine, check, and countersign any warrants during the absence of the Comptroller General. 45-14-22. The Comptroller General shall keep in his office a bound book in which shall be entered in alphabetical order, the full amount of all annual appropriations setting forth the amounts under their several heads; all warrants that he may check and pass, together with the fund on which they are drawn and the time, amount, and in whose favor drawn; and all entries necessary for a true exhibit of the finances of the state. 45-14-23. The Comptroller General shall make an annual report to the Governor, which report shall show, from his books, a current account of all receipts and payments between the Fiscal Division of the Department of Administrative Services and the state including the amount paid on the drafts of the President of the Senate and the Speaker of the House of Representatives as reported to him by the Fiscal Division of the Department of Administrative Services. Section 26 . Said Code is further amended by striking Code Section 46-8-40, relating to the grant of corporate powers and privileges to railroad companies, and inserting in lieu thereof a new Code Section 46-8-40 to read as follows: 46-8-40. All corporate powers and privileges of railroad companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions expressed in and subject to all the provisions of this chapter and of the Constitution of Georgia. If by reason of interest in the

Page 872

proposed corporation the Secretary of State is disqualified, the duties required to be performed by the Secretary of State shall be performed by the Commissioner of Insurance. Section 27 . Said Code is further amended by striking subsection (a) of Code Section 50-5-10, relating to the Electronic Data Processing-Printing Committee, and inserting in lieu thereof a new subsection (a) of said Code section to read as follows: (a) There is created within the Department of Administrative Services the Electronic Data Processing-Printing Committee. The committee shall consist of the commissioner of administrative services; the Commissioner of Agriculture; the commissioner of human resources; the state auditor; the commissioner of transportation; the Commissioner of Insurance; the state revenue commissioner; and the State School Superintendent. Section 28 . Said Code is further amended by striking Code Section 50-13-21, relating to compliance with the filing and hearing requirements of the Georgia Administrative Procedure Act by the Safety Fire Commissioner and the Commissioner of Insurance, and inserting in lieu thereof a new Code Section 50-13-21 to read as follows: 50-13-21. As to such regulations, standards, and plans as are required by law to be filed and kept on file with the office of the Secretary of State, the Commissioner of Insurance, when performing the duties as Safety Fire Commissioner or Commissioner of Insurance, may comply with the filing requirements of this chapter by filing with the office of the Secretary of State merely the name and designation of such regulations, standards, and plans, provided the regulations, standards, and plans are kept on file in the office of the Commissioner of Insurance by the titles otherwise applicable under this chapter and the regulations, standards, and plans are open for public examination and copying. The Commissioner of Insurance, when performing the duties as Safety Fire Commissioner or Commissioner of Insurance, may also satisfy the procedure for conduct of hearings on contested cases and rule making required under this chapter by following Chapter 2 of Title 33.

Page 873

Section 29 . Said Code is further amended by striking Code Section 50-17-50, relating to the creation and membership of the State Depository Board, and inserting in lieu thereof a new Code Section 50-17-50 to read as follows: 50-17-50. The State Depository Board, hereinafter referred to in this article as the `board,' is created, consisting of the Governor, the Commissioner of Insurance, the state auditor, the commissioner of banking and finance, the state revenue commissioner, and the director of the Fiscal Division of the Department of Administrative Services, hereinafter referred to as the `director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. Section 30 . Said Code is further amended by striking paragraph (4) of Code Section 50-18-31, relating to the procedure for distribution of court reports, and inserting in lieu thereof a new paragraph (4) of said Code section to read as follows: (4) The reporter shall make distributions of the reports in accordance with the following: Archives, State one copy Commissioner of Insurance one copy Court of Appeals of Georgia 23 copies (which number may be increased upon written order from the Chief Judge to the reporter) Executive Department one copy Georgia Institute of Technology one copy Georgia State University one copy Historical Society, Georgia one copy Human Resources, Department of one copy House Judiciary Committee one copy Labor, Department of one copy Law, Department of (other than State Library) six copies (which number may be increased upon written order from the Attorney General) Legislative Counsel one copy (which number may be increased upon written order of the Legislative Counsel) Library, State Exchange Program: Each foreign government authority participating one copy Each state participating one copy Shelving two copies Newly created superior court circuits or judgeships as appropriate Whenever a new superior court circuit or a new judgeship within a circuit shall be created, if the officer entitled to reports shall notify the reporter in writing of his assumption of office, the reporter shall add his position to those to receive reports and shall supply him with all earlier volumes. Judge of the Probate Court (each county). one copy Public Service Commission one copy Recipients not named herein but named on the librarian's distribution list as of the date of his last distribution of the reports next preceding April 18, 1975 (each) one copy The reporter is authorized to add such names, in whole or in part, to his listing of distributees to receive future reports. Reporter Assistant reporter's desk one copy Copyright three copies Reporter's clerical staff one copy Reporter's desk one copy Secretary of State one copy Senate Judiciary Committee one copy Special or emergency circumstances as appropriate When it shall appear to the reporter that a worthy state purpose will be served thereby, he may add agencies or officers to the list of recipients of reports, provided that no courts or agencies of a local nature shall be added to the list.

Page 876

Superior Courts Clerks (each) one copy District Attorneys (each) one copy Judges (each) one copy Supreme Court of Georgia 18 copies (which number may be increased upon written order from the Chief Justice to the reporter) United States Courts Court of Appeals, Fifth Circuit one copy District Courts, Georgia four copies University of Georgia Law School Library 25 copies Workers' Compensation, State Board of six copies The reporter may add additional recipients or additional copies to named recipients upon written order from the Chief Justice of the Supreme Court; and Section 31 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 32 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 877

STATE AUDITORCOMPENSATION. Code Section 45-7-4 Amended. No. 1509 (House Bill No. 1550). 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 the state auditor; 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 (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) State auditor.....60,000.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 878

AD VALOREM TAXEXEMPTION OF CERTAIN TANGIBLE PERSONAL PROPERTY WITH A FAIR MARKET VALUE NOT EXCEEDING $500.00; REFERENDUM. Code Section 48-5-42.1 Enacted. No. 1510 (House Bill No. 1658). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to exempt from the return and payment of ad valorem taxes certain tangible personal property if the value of the property does not exceed $500.00; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding following Code Section 48-5-42 a new Code Section 48-5-42.1 to read as follows: 48-5-42.1 (a) It is the intent of this Code section to exempt from the payment of ad valorem taxation certain tangible personal property on which the tax due exceeds the reasonable cost of administering and collecting the tax. (b) All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer within the county, as determined by the board of tax assessors, does not exceed $500.00.

Page 879

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, 1986, 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 the Act be approved which grants an exemption from the payment of ad valorem taxes on certain tangible personal property if the total value of taxable tangible personal property owned by the taxpayer within the county does not exceed $500.00? 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, 1987, and shall apply to all tax years beginning on or after that date; otherwise, Section 1 of this Act shall be void. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 880

EDUCATIONSCHOOL BUS DRIVERS; MINIMUM SALARY. Code Section 20-2-188 Amended. No. 1511 (House Bill No. 1662). AN ACT To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to pupil transportation provisions of the Quality Basic Education Act, so as to change the provisions relative to the minimum salary for school bus drivers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to pupil transportation provisions of the Quality Basic Education Act, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The state board shall establish a schedule of uniform minimum salaries that shall be paid by local units to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $402.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. County, area school, or independent systems shall not pay to any bus driver in its employment a salary less than that prescribed by the uniform minimum salary schedule but shall have the authority to supplement the salary of a bus driver employed by the county, area school, or independent system. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose

Page 881

of calculating the expense of pupil transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. AID TO FAMILIES WITH DEPENDENT CHILDRENINCOME EARNED BY PERSONS 18 OR UNDER; SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM; ADULT AND YOUTH PROGRAM. Code Section 49-4-108 Enacted. No. 1512 (House Bill No. 2001). AN ACT To amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, so as to provide that any income earned by a person aged 18 or under in a job acquired pursuant to a Title 2B Summer Youth Employment Training Program or a Title 2A Adult and Youth Program under the Job Training Partnership Act shall not be deducted from certain payments made under this article; to provide that such income shall be disregarded for a period not exceeding six months per year and shall be limited to an amount not to exceed $2,000.00; to provide for all related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent

Page 882

children, is amended by adding at the end of said article a new Code Section 49-4-108 to read as follows: 49-4-108. Notwithstanding any other provision of law, any income earned by a person aged 18 or under in a job acquired pursuant to a Title 2B Summer Youth Employment Training Program or a Title 2A Adult and Youth Program under the Job Training Partnership Act shall not be deducted from any assistance payments which may be made to or on behalf of such dependent child pursuant to this article. Such income shall be disregarded for a period not exceeding six months per year and shall be limited to an amount not to exceed $2,000.00. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. FIDUCIARIESINVESTMENTS BY CORPORATE FIDUCIARIES IN CERTAIN INVESTMENT TRUSTS; DELIVERY OF COLLATERAL; PRUDENT INVESTOR STANDARD. Code Section 53-8-9 Enacted. No. 1513 (Senate Bill No. 112). AN ACT To amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, so as to authorize corporate fiduciaries

Page 883

to invest in and hold, in addition to other investments authorized by law, investment trusts registered under the Investment Company Act of 1940, provided that the portfolio of such fund, company, or trust is limited to classes of trust investments allowed by law; to provide for delivery of collateral; to provide for a constant net asset value or price per share; to provide that corporate fiduciaries shall not be relieved of any duty or liability under the prudent investor standard; 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 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments authorized by law for fiduciaries, is amended by adding a new Code Section 53-8-9 at the end of said article to read as follows: 53-8-9. (a) Whenever an instrument or court order establishing a fiduciary relationship authorizes, permits, requires, or directs a corporate fiduciary with trust powers under Georgia law to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-13-54, such fiduciary may invest in and hold such obligations either directly or in the form of securities of or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as: (1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share.

Page 884

(b) Nothing contained in this Code section shall be construed as relieving any corporate fiduciary from any duty or liability it has under the prudent investor standard set forth in Code Section 53-8-1 and 53-8-2. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. WHOLESALE SALESCONTRACTS BETWEEN PRINCIPALS AND THEIR SALES REPRESENTATIVES; PAYMENTS; DAMAGES; ATTORNEY'S FEES. Code Sections 10-1-700 through 10-1-704 Enacted. No. 1514 (Senate Bill No. 292). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to require that certain contracts between certain principals engaged in wholesale sales and their sales representatives must be in writing; to require that such principals furnish copies of such contracts to their sales representatives; to provide that principals who fail to comply with such requirements shall upon the termination of a contract with a sales representative be required to make payments of amounts due within a certain period of time; to provide that failure to make such timely payment shall create liability for certain exemplary damages and attorney's fees; to provide for attorney's fees to be awarded against persons bringing frivolous actions; 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:

Page 885

Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 24 to read as follows: ARTICLE 24 10-1-700. As used in this article, the term: (1) `Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale. (2) `Principal' means a person who does not have a permanent or fixed place of business in this state and who: (A) Manufacturers, produces, imports, or distributes a tangible product for wholesale; (B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission. (3) `Sales representative' means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his own account for resale. 10-1-701. (a) When a principal contracts with a sales representative to solicit wholesale orders within this state or within this state and other states, the contract shall be in writing and shall set forth the method by which the sales representative's commission is to be computed and paid. (b) A principal shall provide the sales representative with a copy of any contract required by subsection (a) of this Code section to be in writing. (c) Failure to comply with the requirements of subsections (a) and (b) of this Code section shall not invalidate a

Page 886

contract; but a principal who fails to comply with subsections (a) and (b) of this Code section shall, notwithstanding any contrary provisions of the contract between the parties, be subject to the provisions of Code Section 10-1-702. 10-1-702. (a) When a contract between a principal and a sales representative is terminated and the principal in entering into such contract failed to comply with the provisions of subsection (a) or (b) of Code Section 10-1-701, the principal shall within 14 days after the termination of the contract pay all commissions due to the sales representative. (b) A principal who fails to make timely payment of commissions as required by subsection (a) of this Code section shall be liable to the sales representative in a civil action for: (1) All amounts due to the sales representative according to the terms of the contract; (2) Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and (3) Reasonable attorney's fees actually and reasonably incurred by the sales representative in the action. (c) A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney's fees actually and reasonably incurred by the defendant in defending against such action. 10-1-703. The provisions of this article may not be waived; and, in applying the provisions of this article, the courts of this state shall not recognize any purported waiver of the provisions of this article, whether by expressed waiver or by attempt to make a contract or agreement subject to the laws of another state. 10-1-704. A principal who is not a resident of this state and who enters into a contract subject to this article is declared to be doing business in this state for purposes of the

Page 887

exercise of personal jurisdiction over nonresidents under Code Section 9-10-91. Section 2 . This Act shall become effective July 1, 1986, and shall apply to contracts entered into on or after said effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. INTESTATE DECEDENTSREQUIRED SAVINGS ACCOUNT DEPOSITS OF $2,500.00 OR LESS OF MONEY OF AN INTESTATE DECEDENT. Code Section 7-1-239 Amended. No. 1515 (Senate Bill No. 311). AN ACT To amend Code Section 7-1-239 of the Official Code of Georgia Annotated, relating to authorized transactions involving deposits and moneys of intestate decedents, so as to provide that, if a person is left in possession of moneys not exceeding $2,500.00 of such a decedent, such person shall deposit such moneys into a savings account in the name of the decedent; 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 7-1-239 of the Official Code of Georgia Annotated, relating to authorized transactions involving deposits and moneys of intestate decedents, is amended by striking

Page 888

subsection (e) and inserting in its place a new subsection to read as follows: (e) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of this state and any person is left in possession of moneys belonging to the decedent, which moneys do not exceed $2,500.00, such person shall deposit such moneys into a savings account in the name of the decedent in a financial institution located in the area of the decedent's residence. Such account shall be managed in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is authorized to pay the proceeds in accordance with subsections (a), (b), (c), and (d) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. COUNTY SURVEYORSPROHIBITION ON PRIVATE PRACTICE OF PROFESSIONAL LAND SURVEYING WITHOUT A LICENSE. Code Section 36-7-2 Amended. No. 1516 (Senate Bill No. 348). AN ACT To amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county surveyors, so as to prohibit county surveyors who are not licensed by the State Board of Registration for Professional Engineers and Land Surveyors from engaging in the private practice of professional land surveying; to

Page 889

provide exceptions; to allow certain county surveyors to qualify for certification and licensing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualifications, commissioning, and removal of county surveyors, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) Notwithstanding the provisions of subsection (b) of this Code section or paragraph (3) of subsection (b) of Code Section 43-15-29, a county surveyor who is not licensed by the State Board of Registration for Professional Engineers and Land Surveyors shall only practice land surveying for the county and shall not engage in the private practice of professional land surveying; provided, however, that this subsection shall not apply to any county surveyor duly elected and holding office on June 30, 1986, so long as said person continues to hold the office of county surveyor; provided, however, that any county surveyor who has a minimum of four years of surveying experience shall be eligible to take the land surveyor examination and eligible for certification as a land surveyor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 890

ELECTIONSQUALIFICATION AND NOMINATION OF CANDIDATES; CONVENTIONS; PETITIONS. Code Sections 21-2-130, 21-2-132, 21-2-170, and 21-2-172 Amended. Code Sections 21-2-180 through 21-2-187 Enacted. No. 1517 (Senate Bill No. 375). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, so as to change the provisions relating to procedures for qualification of candidates generally; to change certain provisions relating to filing notice of candidacy; to change the provisions relating to nomination of certain candidates by petition; to change the provisions relating to the nomination of certain candidates of political bodies by convention; to authorize a political body to nominate certain candidates by convention; to authorize certain political bodies to nominate certain candidates for public office by convention; to provide for form and procedures in connection with petitions to qualify political bodies to nominate certain candidates for public office by convention; to provide certain restrictions with respect to such petitions; to provide for examination of petitions and for judicial review; to provide for the filing of qualifying petitions in order to have candidates listed on the general election ballot; 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 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking Code Section 21-2-130 in its entirety and inserting in lieu thereof a new Code Section 21-2-130 to read as follows: 21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party;

Page 891

(2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairman and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132; (7) Incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or (8) Nomination in a nonpartisan primary for the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court as prescribed in Code Section 21-2-138. Section 2 . Said chapter is further amended by striking in its entirety subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy and payment of fees, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00

Page 892

Noon on the first Tuesday in August immediately prior to the election, file with the same official with whom he filed his notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. Section 3 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 21-2-170, relating to nomination of candidates by petition, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A nomination petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in

Page 893

the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-172, relating to nomination of presidential electors and candidates of political bodies by convention, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state-wide public office by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state executive committee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candidates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairman of such political party or body and its secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method.

Page 894

Section 5 . Said chapter is further amended by adding at the end of Article 4 a new Part 4 to read as follows: Part 4 21-2-180. Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if: (1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or (2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election. 21-2-181. Petitions to qualify political bodies to nominate candidates for state-wide public office by convention shall file with the Secretary of State petitions signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the printing of the voter's name and for the voter's signature. No forms other than those prescribed in this part shall be used for qualifying a political body to nominate candidates for public office. 21-2-182. Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person's signature such person's residence address and county and the date of such person's signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secretary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing,

Page 895

but such request shall be disregarded if made after such presentation. 21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing. (b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth: (1) The residence address of the circulator; (2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition; (4) That their respective residences are correctly stated in the petition; and (5) That they all reside in the county named in the affidavit. 21-2-184. A petition to qualify a political body to nominate candidates for state-wide public office by convention shall not be amended or supplemented after its presentation to the Secretary of State for filing. 21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after the first Tuesday in August. 21-2-186. Petitions to qualify a political body to nominate candidates for state-wide public office by convention shall be examined and shall be subject to judicial review

Page 896

in the same manner as provided for candidates nominated by petition pursuant to Code Section 21-2-171. 21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Wednesday in May and no later than 12:00 Noon on the fourteenth day following the fourth Wednesday in May as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than the first Tuesday in August following the convention as prescribed in Code Section 21-2-185 in order to qualify its candidates to be listed on the general election ballot. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. INSURANCEPROPERTY AND CASUALTY INSURERS; ITEMIZED ANNUAL REPORTS. Code Section 33-3-21.1 Enacted. No. 1518 (Senate Bill No. 384). AN ACT To amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to require certain insurers

Page 897

to file itemized annual reports; to provide for the contents of such reports; to provide for due dates; to provide for compilation and availability of such reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by inserting immediately following Code Section 33-3-21 a new Code section, to be designated Code Section 33-3-21.1, to read as follows: 33-3-21.1. (a) As part of the annual report of the affairs and operations of an insurer under Code Section 33-3-21, each insurer licensed to write property and casualty insurance shall be required by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state. (b) The report required by subsection (a) of this Code section shall include but not be limited to the following types of insurance written by such insurer: (1) Motor vehicle bodily injury liability insurance, including medical pay insurance; (2) Products liability insurance; (3) Medical malpractice insurance; (4) Architect and engineer malpractice insurance; (5) Attorney malpractice insurance; (6) Motor vehicle personal injury protection insurance; (7) Motor vehicle property liability insurance; (8) Uninsured motorist insurance; (9) Underinsured motorist insurance; and

Page 898

(10) Commercial casualty or property insurance as defined in paragraph (1) of Code Section 33-7-3 or Code Section 33-7-6. (c) Additionally, the report shall include the following information: (1) Direct premiums written; (2) Direct premiums earned; (3) Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary; (4) Incurred claims, developed as a sum of, and with figures provided for, the following: (A) Dollar amount of claims closed with payment; plus (B) Reserves for reported claims at the end of the current year; minus (C) Reserves for reported claims at the end of the previous year; plus (D) Reserves for incurred but not reported claims at the end of the current year; minus (E) Reserves for incurred but not reported claims at the end of the previous year; plus (F) Reserves for loss adjustment expense at the end of the current year; minus (G) Reserves for loss adjustment expense at the end of the previous year; (5) Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses;

Page 899

(6) Net underwriting gain or loss; and (7) Net operation gain or loss, including net investment income. (d) The annual report shall be due by the first of March of each year, beginning in 1987, and shall cover the prior calendar year. (e) It shall be the duty of the Commissioner annually to compile and review all such reports submitted by insurers pursuant to this Code section. The reports shall be published and made available to the public. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. GEORGIA RESIDENTIAL FINANCE AUTHORITYPOWERS; MEMBERSHIP; LOANS; MORTGAGE CREDIT CERTIFICATES; RESIDENTIAL ENERGY-CONSERVING SYSTEMS; FAMILY FARMS. Code Sections 8-3-171, 8-3-172, 8-3-174, 8-3-176, and 8-3-180 Amended. Code Section 8-3-178 Repealed. No. 1519 (Senate Bill No. 420). AN ACT To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, so as to change legislative findings, determinations, and declarations; to change the purposes of the

Page 900

authority; to change the powers of the authority; to change definitions; to change the composition of the authority's membership; to provide for unsecured loans; to provide for mortgage credit certificates and other advantages and their allocation; to provide for financial assistance for residential energy-conserving systems, devices, and measures; to change the procedures relating to mortgage revenue bond allocations and provide for interim establishment of such allocations; to change the procedures relating to geographic distribution requirements; to delete the ability of the authority to finance family farms; to remove all incidental references to family farms in said Act; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the Georgia Residential Finance Authority Act, is amended by striking Code Section 8-3-171, relating to legislative findings, in its entirety and inserting in lieu thereof a new Code Section 8-3-171 to read as follows: 8-3-171. (a) It is found, determined, and declared: (1) That there continues to exist in the state a seriously inadequate supply of and a critical need for safe and sanitary dwelling accommodations within the financial means of families and persons of low or moderate incomes; (2) That the aforesaid shortage of decent dwelling accommodations causes overcrowding and congestion inimical to the safety, health, convenience, and welfare of the citizens of the state and otherwise exacerbates existing slum conditions, which in turn contributes substantially and increasingly to the spread of disease and crime; impairs economic values; necessitates excessive and disproportionate expenditure of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other services; substantially impairs or arrests the growth of municipalities; aggravates traffic problems; and promotes juvenile delinquency and other social ills;

Page 901

(3) That slum areas cannot be cleared nor can the shortage of safe and sanitary dwellings for persons and families of low or moderate incomes be relieved through the ordinary operation of private enterprise; and therefore the construction or rehabilitation of housing for such persons would not be competitive with private enterprise; (4) That, in order to encourage the investment of private capital and to encourage private enterprise to build and rehabilitate such housing so as to alleviate slum conditions and improve the health, safety, convenience, and welfare of the citizens of the state, provision should be made for mortgage loans at low interest rates to housing sponsors which, subject to regulation as to rents, profits, dividends, and disposition of their property, will construct and rehabilitate dwelling accommodations, and other facilities incidental or appurtenant thereto, for such families and persons of low and moderate incomes; (5) That, in order to inject funds into lending institutions to facilitate the making of loans to families and persons of low and moderate income for the purchase of homes, cooperative apartments, and condominiums, provision should be made for (A) the making of loans at low interest rates to lending institutions so that such institutions may in turn make mortgage loans to low and moderate income families and (B) the purchasing of mortgage loans from lending institutions upon the condition that the proceeds from such purchases be used to make mortgage loans to families and persons of low and moderate income; (6) That in certain areas of the state there exists an inadequate supply of and critical need for safe and sanitary dwelling accommodations which would be necessary to retain or attract to such areas qualified manpower resources, regardless of their incomes, essential to industrial and commercial operations and development in such areas, and therefore the establishment of the Georgia Residential Finance Authority under this part is in the best interest of all Georgians; (7) That, in order to encourage the investment of private capital and to encourage private enterprise to

Page 902

build and rehabilitate housing to retain and attract such manpower resources referred to in paragraph (6) of this subsection, provision should be made for mortgage loans to qualified housing sponsors which, subject to regulation as to rents, profits, dividends, and disposition of their property, will construct and rehabilitate dwelling accommodations for such manpower resources, regardless of their income; (8) That, in order to provide funds for lending institutions to facilitate the making of loans to persons, regardless of income, who are determined eligible by the authority in accordance with standards set by the authority to address the shortage of dwelling accommodations needed to retain or attract industrial or commercial operations and development in certain areas of the state, provision should be made for: (A) Making loans to lending institutions so that such institutions may in turn make the loans described above; (B) Purchasing such loans from lending institutions; and (C) Otherwise financing the making of such loans by lending institutions; and (9) That energy resources are rapidly depleting in quantity and rising in price and that the burden of these occurrences falls heavily upon the citizens of this state; and that these conditions are harmful to the development of trade, commerce, industry, and employment opportunities and are adverse to the health, safety, and welfare of the citizens of this state; and that it is a public purpose to ensure the availability of financing or grant moneys or other financial assistance to be used by or to the benefit of persons and families to install in their residences reasonably priced energy-conserving systems, devices, and measures. (b) In accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined

Page 903

that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare, to assist in providing housing for such low or moderate income families and persons who would otherwise be unable to obtain adequate dwellings which they could afford. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of developing and stimulating commercial and industrial operations in certain areas of the state, to assist in providing dwelling accommodations for persons, regardless of income, who are determined eligible by the authority as a means of addressing the housing shortage problem described in paragraphs (6), (7), and (8) of subsection (a) of this Code section. Further, in accordance with the findings, determinations, and declarations of subsection (a) of this Code section, it is determined that it is a valid public purpose, as a matter of public health, safety, convenience, and welfare and as a means of decreasing residential energy use so as to make available more energy for trade, commerce, industry, and employment opportunities, to assist in the financing of residential energy-conserving systems, measures, and devices. (c) It is further found and declared that the creation of the Georgia Residential Finance Authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes within the provisions of the Constitution of Georgia in that the development and stimulation of trade and commerce in the housing industry of this state are vital to the public welfare, create employment opportunities, and lessen unemployment and underemployment in the home construction and real estate industries, and in that an adequate supply of money with which to finance safe and sanitary dwelling accommodations for the people of Georgia is necessary to the health and welfare of the people of this state, and in that residential energy conservation is vital to the public welfare, health, and safety of the people of this state and is vital to the development of trade, commerce, industry, and employment opportunities in this state. Section 2 . Said article is further amended by striking Code Section 8-3-172, relating to definitions, in its entirety and inserting

Page 904

in lieu thereof a new Code Section 8-3-172 to read as follows: 8-3-172. As used in this part, the term: (1) `Authority' means the Georgia Residential Finance Authority created by Code Section 8-3-173. (2) `Authorized officer' means the chairman, vice-chairman, treasurer, executive director, and secretary of the authority, and any other person authorized by resolution of the authority to act as an authorized officer, which resolution shall be filed with the trustee. (3) `Bonds' means the bonds issued by the authority. Such bonds may be general or limited obligations of the authority. Wherever the word `bond' or `bonds' appears in Code Section 8-3-183, it shall be deemed to include the word `note' or `notes' as defined in paragraph (13) of this Code section. (4) `Community facilities' means the land, buildings, improvements, and equipment for such recreational, community, educational, and commercial facilities as the authority determines improve the quality of the residential development for eligible persons and families. (5) `Construction loan certificate' means a mortgage backed security which is guaranteed as to principal and interest by the Government National Mortgage Association and which is backed by construction advances insured by the United States Department of Housing and Urban Development. (6) `Development costs' means the total of all costs which are incurred in the development of residential housing or a housing unit and which are approved by the authority as reasonable and necessary. Such costs shall include, but not necessarily be limited to, the following: (A) Cost of land acquisition and any buildings thereon, including payments for options, deposits, or contracts to purchase properties on the proposed

Page 905

housing site or payment for the purchase of such properties; (B) Costs of site preparation, demolition, and development; (C) Fees for architectural, engineering, legal, accounting, and other services paid or payable in connection with the planning, execution, and financing of residential housing; (D) Cost of necessary studies, surveys, plans, and permits; (E) Cost of insurance, interest, financing, taxes, assessments, and other operating and carrying costs during construction; (F) Cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, and apparatus related to the real property; (G) Cost of land improvements, including, without being limited to, landscaping and off-site improvements, whether or not any such cost has been paid in cash or in a form other than cash; (H) Necessary expenses in connection with initial occupancy of residential housing; (I) A reasonable builder's and sponsor's profit and risk fee in addition to job overhead; (J) An allowance established by the authority for working capital, contingency reserves, and reserves for any anticipated operating deficits during the early years of occupancy; and (K) The cost of such other items, including tenant relocation, as the authority shall determine to be reasonable and necessary for the development of residential housing. (7) `Eligible persons and families' means:

Page 906

(A) Persons and families in this state who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy income limitations established by the authority in administrative guidelines and procedures established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176; or (B) Persons and families in this state who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the administrative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, are in need of residential housing in a special location or of a special design, or are in need of sanitary, decent, and safe residential housing. (8) `Federally aided mortgage' means any mortgage insured or guaranteed by an agency of the United States government. The term also means any mortgage receiving special benefits, directly or indirectly, under other federal laws which are designated specifically to develop low-income and moderate-income housing and which are consistent with this part. (9) `Land development' means that component of residential housing which includes land, whether on or off the site, for making, installing, or constructing nonresidential housing improvements which the authority deems necessary or desirable to prepare such land for safe and sanitary housing. Such improvements may include, but not be limited to, water lines and water supply installations; sewer lines and sewage disposal installations; steam, gas, and electric lines and installations; and roads, streets, curbs, gutters, and sidewalks. (10) `Lending institution' means any bank or trust company, savings and loan association, savings bank, credit union, insurance company, or mortgage banker

Page 907

or mortgage broker authorized to deal in mortgages insured by an agency of the United States government. Such lending institution shall have a place of business in Georgia and shall be authorized to do business in Georgia. (11) `Mortgage' means a deed to secure debt covering a fee simple or leasehold estate, which deed is accompanied by a promissory note, the holder of which is either the authority or a lending institution, where the debt is secured by real property located in Georgia and either improved by a residential housing structure or to be improved by a multifamily residential housing structure, the construction of which is required by the terms of said deed to secure debt or any associated documents. (12) `Notes' means the notes issued by the authority. Such notes may be limited or general obligations of the authority. (13) `Project loan certificate' means a mortgage backed security which is guaranteed as to principal and interest by the Government National Mortgage Association and which is backed by a mortgage insured by the United States Department of Housing and Urban Development, which mortgage is finally endorsed. (14) `Qualified housing sponsor' means any entity, whether organized for profit or not, which meets criteria established by the authority and which has undertaken to provide housing which will be available for sale or rent to eligible persons and families upon such terms and in conformity with administrative guidelines established by the authority. (15) `Real property' means all lands and all franchises and interests in land, including lands under water and riparian rights, space rights, and air rights, and any and all other things usually included within said term. The term also includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and other estates, interests, or rights, legal or equitable, including terms for years and liens by

Page 908

way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. (16) `Residential housing' means a specific work or improvement within Georgia undertaken primarily to provide single-family or multifamily dwelling accommodations for eligible persons and families, including the acquisition, construction, or rehabilitation of real property, buildings, and improvements thereto and such community facilities as may be incidental or appurtenant thereto. (17) `State-aided mortgage' means a mortgage loan for residential housing for the benefit of eligible persons and families assisted under this part. Section 3 . Said article is further amended by striking paragraph (b) of Code Section 8-3-174, relating to composition of the authority, in its entirety and inserting in lieu thereof a new paragraph (b) to read as follows: (b) No more than two public members shall be residents of the same congressional district. At least two of the public members shall reside outside of the metropolitan statistical areas of the state. Public members shall serve four-year terms, except as otherwise provided by law. Public members shall continue in office until their successors have been appointed and have qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve for the balance of the unexpired term. The public members shall be subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and shall be subject to removal for violation of that code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. Section 4 . Said article is further amended by striking Code Section 8-3-176, relating to powers of the authority, in its entirety and inserting in lieu thereof a new Code Section 8-3-176 to read as follows: 8-3-176. (a) Except as otherwise limited by this part, the authority shall have the power:

Page 909

(1) To sue and be sued; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this part; (4) To make and alter bylaws for its organization and internal management; (5) To acquire, hold, and dispose of real and personal property for its corporate purposes; (6) To appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their compensation; (7) To borrow money and to issue notes, bonds, and other obligations, subject to the approval of the Georgia State Financing and Investment Commission, and to provide for the rights of the lenders or holders thereof; (8) To make loans, the repayment of which is secured by mortgages or security interests or which may be unsecured as determined by the authority; to participate in the making of secured loans; to undertake commitments to make secured loans; to acquire and contract to acquire mortgages or participations therein from lending institutions, United States government corporations, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, or any federal or state agency; and to enter into advance commitments to such organizations for the purchase of such mortgages or participations; (9) To sell mortgages and security interests at public or private sale; to negotiate modifications or alterations in mortgages and security interests; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, contract, or other agreement; to bid for and purchase property

Page 910

which was the subject of such mortgage or security interest, at any foreclosure or at any other sale; to acquire or take possession of any such property; and, in the event that the authority takes possession of any such property, to complete and to pay the principal and interest of any obligations incurred in connection with such property and to administer, operate, manage, lease, dispose of, and otherwise deal with such property in such manner as may be necessary or desirable to protect the interests of the authority and the holders of its notes, bonds, and other obligations; (10) To collect fees and charges in connection with its loans, commitments, and servicing, including, but not limited to, reimbursement of costs of financing as the authority shall determine to be reasonable and as shall be approved by the authority; (11) To make and execute contracts for the servicing of mortgages made or acquired by the authority pursuant to this part and to pay the reasonable value of services rendered to the authority pursuant to those contracts; (12) To encourage research in and demonstration projects to develop new and better techniques and methods for increasing the supply of housing for eligible persons and families; (13) To accept gifts, grants, loans, or other aid from the federal government or the state or any persons or corporations and to agree and comply with any conditions attached to federal and state financial assistance; (14) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state;

Page 911

(B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta,

Page 912

Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; (15) To acquire or contract to acquire from any person, firm, corporation, municipality, or federal or state

Page 913

agency, by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same. Nothing in this part shall be deemed to impede the operation and effect of local zoning, building, and housing ordinances, or ordinances relating to subdivision control, land development, or fire prevention, or other ordinances having to do with housing or the development thereof; (16) To invest any moneys held in debt service funds or sinking funds not required for immediate use or disbursement in obligations of the types specified in paragraph (14) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service (principal installments and interest payments) schedule for which such moneys are to be applied; (17) To make and contract to make loans to lending institutions on such terms and conditions as it shall determine. All lending institutions are authorized to borrow from the authority in accordance with subsection (e) of Code Section 8-3-177 and the administrative guidelines established by the authority pursuant to criteria set forth in this Code section; (18) To enter into agreements with qualified housing sponsors providing for regulation by the authority of the planning, development, and management of any residential housing undertaken by such qualified housing sponsors and the disposition of the property and franchises of such qualified housing sponsors; (19) To procure insurance against any loss in connection with its property and other assets; (20) To participate in the making of or to make loans to mortgagees and to take collateral approved by the authority as security for such loans, provided that the authority shall first obtain such written assurances as shall be satisfactory to it that the proceeds of such loans will be used, as early as practicable, for the making of

Page 914

or investment in residential housing for the benefit of eligible persons and families or that other moneys in an amount approximately equal to such proceeds shall be committed and used for such purpose; (21) To provide technical, consultative, and project assistance services to the state, political subdivisions of the state, local governing authorities, other public entities, and private entities and to enter into contracts with the state, political subdivisions of the state, local governing authorities, other public entities, and private entities to provide such services. The authority shall only render such assistance to other public entities and private entities for a reasonable fee. The state, political subdivisions of the state, and local governing authorities are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (22) To provide advisory, consultative, technical, training, and educational services to existing or potential qualified housing sponsors; (23) To undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs; (24) To lease real or personal property and to accept federal funds for and participate in programs of leased public housing pursuant to Section 10 or Section 23 of the United States Housing Act of 1937, as amended, and pursuant to the Housing and Community Development Act of 1974; (25) To issue to eligible persons and families acquiring, improving, or rehabilitating single-family residential housing in Georgia mortgage credit certificates or any other federal income tax credit or other advantage under Section 103A of the Internal Revenue Code. The authority shall have the power and the authority to take all steps, make all conditions, and do all things necessary in order to issue such certificates, credit, or other advantage, including, but not limited to, enforcing and carrying

Page 915

out that program. The issuance of such certificates, credit, or other advantage shall not constitute a bond, note, or other obligation of the authority; (26) To do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this part; (27) To make loans, grants, or otherwise provide financial assistance to persons and families to install residential energy-conserving systems, devices, and measures; (28) To use income earned on any investment authorized in paragraph (14) of this subsection for such corporate purposes of the authority as the authority in its discretion shall determine and provide; (29) To acquire and enter into commitments to acquire construction loan certificates and project loan certificates with bond proceeds and to pledge or otherwise to use any such construction loan certificates or project loan certificates in such manner as the authority deems in its best interest to secure or otherwise to provide a source of repayment for its bonds; (30) To issue bonds and to purchase, make, or otherwise finance mortgages on single-family and multifamily residential housing for the benefit of persons and families in this state, regardless of their income, for whom, as determined by the administrative guidelines and procedures of the authority, construction of new or rehabilitated dwelling accommodations in some area or areas of this state designated by the authority is necessary for the purpose of retaining in or attracting to such area or areas qualified manpower resources essential to industrial and commercial operations and development in such area or areas. This power exists without consideration being given to the income of the mortgagors notwithstanding any references in the `Georgia Residential Finance Authority Act,' including definitions contained therein, to low and moderate income requirements applying to mortgagors benefiting from bond issues and from

Page 916

loans made, purchased, or otherwise financed by the authority. This power also shall be exempt from the geographic distribution requirements contained in subsection (d) of this Code section; and (31) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations of the types specified in paragraph (14) of this subsection by making or entering into short sales, future and forward delivery contracts, whether or not legally characterized as commodities, and arbitrage transactions and option contracts, whether or not denominated as standby commitments. (b) The authority shall not have the power of eminent domain. (c) The authority shall establish administrative guidelines as to limitations for eligible persons and families for the purposes of paragraph (7) of Code Section 8-3-172 in accordance with the following considerations: (1) The amount of total income of such persons and families available for housing needs; (2) The size of the family; (3) The conditions and costs of obtaining and maintaining existing and available housing facilities; and (4) The costs of obtaining and maintaining newly constructed housing facilities, including considerations of the total development costs of such housing and the costs of financing such housing as affected by prevailing and available financing terms and conditions relating to nonfederally aided and nonstate-aided mortgages. (d) Over the course of a calendar year, at least one-third of the single-family housing units financed by the authority shall be in the metropolitan statistical areas of this state and one-third of the single housing units financed by

Page 917

the authority shall be outside of the metropolitan statistical areas of this state. For the purpose of this geograhic distribution requirement, no county with a population of less than 50,000 shall be considered as being within a metropolitan statistical area of this state. No geographic distribution requirement shall apply to multifamily housing units financed by the authority. (e) Code Section 44-14-5 shall not be applicable to mortgage loans purchased, made, or otherwise financed by the authority. (f) The authority shall have the power to pay or credit to the mortgagors or to pay to the United States a portion of the earnings from nonmortgage investments made with the proceeds of a bond issue, as required by the Mortgage Subsidy Bond Tax Act of 1980. (g) (1) As used in this subsection, `urban residential finance authority' means an authority created pursuant to the `Urban Residential Finance Authorities Act for Large Municipalities,' approved April 18, 1979 (Ga. L. 1979, p. 4662), as amended; and `housing authority' means an authority created pursuant to Article 1 of this chapter, known as the `Housing Authorities Law.' (2) The `state ceiling' on single-family residential housing bonds and mortgage credit certificates, which is imposed by and defined in the Mortgage Subsidy Bond Tax Act of 1980, shall be allocated in Georgia between the Georgia Residential Finance Authority, urban residential finance authorities, and housing authorities as provided in this subsection. (3) (A) Subject to the limitations of Code Section 8-3-180, the Georgia Residential Finance Authority may issue single-family residential housing bonds and mortgage credit certificates for any calendar year in an amount not to exceed 70 percent of the state ceiling for that year. (B) Subject to the limitations provided by the laws applicable to such authorities, all of the urban

Page 918

residential finance authorities may issue single-family residential housing bonds and mortgage credit certificates for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (C) Subject to the limitations provided by the laws applicable to such authorities, all of the housing authorities may issue single-family residential housing bonds and mortgage credit certificates for any calendar year in an amount not to exceed 15 percent of the state ceiling for that year. (4) Each housing authority wishing to participate in the allocation specified in subparagraph (C) of paragraph (3) of this subsection shall submit to the executive director of the Georgia Residential Finance Authority: (A) To issue single-family residential housing bonds: (i) A resolution adopted by the board of directors of the housing authority stating the need and the intention of the authority to issue bonds for single-family residential units and stating the amount of the bond issue requested; and (ii) A duplicate original of a signed agreement between the housing authority and a proposed underwriter or purchaser of the bonds evidencing the underwriter's or purchaser's intention to buy the bonds; and (B) To issue mortgage credit certificates: (i) A resolution adopted by the board of directors of the housing authority stating the need and intention of the authority to issue mortgage credit certificates for single-family residential units and the amount of election not to issue single-family residential housing bonds; and

Page 919

(ii) Documentation of the housing authority's applicable limit of the state ceiling, the amount of single-family residential housing bonds issued or committed, and any other election or elections not to issue single-family residential housing bonds made within the previous two years and on file with the Internal Revenue Service. (5) Upon the receipt of the material specified in paragraph (4) of this subsection, the Georgia Residential Finance Authority shall commit to the housing authority which submitted the material the amount of the bonds or mortgage credit certificates requested from the allocation specified in subparagraph (C) of paragraph (3) of this subsection. Such commitment shall be binding for 120 days following the receipt by the Georgia Residential Finance Authority of the material specified in paragraph (4) of this subsection. (6) If a housing authority which requested a bond issue under paragraph (4) of this subsection fails to sell the bonds or to have issued at least one mortgage credit certificate within the 120 day period specified in paragraph (5) of this subsection, the commitment made under said paragraph (5) shall be null and void and, if a mortgage credit certificate program is not implemented within the 120 day limit, then the housing authority shall take all steps necessary to revoke any election not to issue single-family residential housing bonds filed with the Internal Revenue Service in the manner required by federal law and regulation and provide the Georgia Residential Finance Authority with a copy of such revocation. If the bonds are sold by the housing authority or if the housing authority implements its mortgage credit certificate program by commencing issuance of mortgage credit certificates, the authority shall notify the executive director of the Georgia Residential Finance Authority and the allocation for housing authorities shall be reduced by the amount of the bonds sold and the amount requested for the mortgage credit certificate program.

Page 920

(7) Any unused portion of any allocation not committed for bond sale or for mortgage credit certificates 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 or election not to issue single-family residential housing bonds 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. (8) When the total amount of an allocation has been committed for bond sale, the executive director of the Georgia Residential Finance Authority shall notify the authorities affected by such allocation. Section 5 . Said title is further amended by striking in its entirety Code Section 8-3-178, relating to loans by the authority for family farm purposes. Section 6 . Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 8-3-180, relating to issuance of bonds, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The authority shall have the power and is authorized at one time or from time to time to issue its negotiable revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including, but not limited to, the making, purchasing, participation in making, and purchasing of participations in mortgage loans for the acquisition, construction, or rehabilitation of residential housing for eligible persons and families, and for the acquisition, construction, or rehabilitation of community facilities appurtenant thereto; and for the acquisition of construction

Page 921

loan certificates and project loan certificates to finance the making of mortgage loans in connection with acquisition, construction, or rehabilitation of residential rental housing; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. Section 7 . Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 8-3-180, which reads as follows: (4) The authority shall not have outstanding at any one time bonds and notes for its family farm program in an aggregate principal amount exceeding $100 million, excluding bonds and notes issued to refund outstanding bonds and notes., and inserting in its place the following: (4) Reserved. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 922

PROPERTYABATEMENT OF HAZARDS FROM ABANDONED WELLS OR HOLES; COSTS; COUNTY WORK CREWS; PRIVATE CONTRACTORS. Code Section 44-1-14 Amended. No. 1520 (Senate Bill No. 421). AN ACT To amend Code Section 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, so as to change a definition; to change the conditions under which approval of owners or possessors of private property is required prior to abating certain hazards and to authorize a county to expend county funds for such abatement and recover costs of such abatement; to authorize the use of county work crews and private contractors in such abatement; 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 44-1-14 of the Official Code of Georgia Annotated, relating to abatement of hazards from abandoned wells or holes, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 44-1-14. (a) As used in this Code section, the term `abandoned well or hole' means any manmade opening upon the surface of the earth which is ten feet or more in depth and which has not been used for a period of 60 days. The term does not include ditches; sand or gravel pits; or stone, marble, or slate quarries; clay pits; surface mines as defined in the `Georgia Surface Mining Act of 1968'; or geologic boreholes as defined in the `Water Well Standards Act of 1985.' (b) Whenever it is brought to the attention of any person that an open abandoned well or hole, as defined in subsection (a) of this Code section, exists on public or private property, such person shall immediately inform the governing authority

Page 923

of the county in which the hazard exists. The governing authority shall inform the owner or possessor of the land upon which the hazard exists. The governing authority of any such county is authorized to use county work crews, private contractors, or any inmate labor within the county to abate the hazard either by covering, filling, or otherwise. When the hazard exists on private property, the governing authority shall first obtain the permission of the owner or possessor of the property before proceeding with any action in regard to abating the hazard existing on the private property. Upon approval by the owner or possessor of the private property, the governing authority may use county work crews, private contractors, or inmate labor; but in no case shall any work other than making the hazard safe be done on private property. (c) If the abandoned well or hole is located on private property and the owner or possessor of the property cannot be located or is not known, the governing authority of the county may abate the hazard without the prior approval of the owner or possessor. (d) The governing authority of the county is authorized to recover the reasonable costs of filling or covering the abandoned well or hole located on private property from the owner or possessor of said property. (e) The governing authority of the county is authorized to expend county funds to accomplish the purpose of this Code section. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 924

EDUCATIONSCHOOL FOOD SERVICE PERSONNEL; SICK LEAVE. Code Sections 20-2-1190 through 20-2-1192 Enacted. No. 1521 (Senate Bill No. 438). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for sick leave for school food service personnel; 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 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding at the end thereof a new Article 28 to read as follows: ARTICLE 28 20-2-1190. The State Board of Education shall establish by rules or regulations a system of allotment of state funds to local school systems to provide five days' sick leave for each fiscal school year for each full-time school food service manager and each full-time school food service employee. 20-2-1191. The rules or regulations of the State Board of Education adopted pursuant to Code Section 20-2-1190 shall be subject to the following requirements: (1) School food service managers and employees who are eligible for membership in the Public School Employees Retirement System shall qualify for sick leave under this article; (2) Funds for sick leave shall be allotted on the basis of the state-wide average compensation for full-time

Page 925

school food service managers and the state-wide average compensation for full-time school food service employees as such averages are determined by the State Board of Education; and (3) Unused sick leave shall be accumulated from one school year to the next up to a maximum of ten days. 20-2-1192. The funds necessary to carry out the provisions of this article shall come from funds appropriated by the General Assembly to the State Board of Education for the purpose of paying the cost of providing sick leave for school food service personnel. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. EMPLOYMENT SECURITY LAWNONPROFIT ORGANIZATIONS; DEPARTMENT MAY SECURE SECURITY BONDS FOR EMPLOYERS AND DEFRAY COSTS; REIMBURSABLE SECURITY DEPOSITS. Code Section 34-8-123 Amended. No. 1522 (Senate Bill No. 473). AN ACT To amend Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the Employment Security Law, so as to provide that, in the discretion of the Commissioner of Labor, the Department of Labor may secure security bonds for employers and defray all or any portion of the costs of such bonds to the covered employers; to change other provisions relating

Page 926

to reimbursable security deposits; to provide for certain technical corrections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-8-123 of the Official Code of Georgia Annotated, relating to financing of benefits paid employees of nonprofit organizations under the Employment Security Law, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) For the purposes of this subsection, a surety bond is a bond of surety issued by an organization licensed and authorized to issue such bond in the State of Georgia. In the discretion of the Commissioner, any organization that elects to become liable for payments in lieu of contributions shall be required, within 30 days after the effective date of its election, to execute and file with the Commissioner a cash deposit or surety bond approved by the Commissioner. In the sole discretion of the Commissioner, the Department of Labor may secure such bonds and defray all or any portion of such cost to the employers covered under the bond. Notwithstanding any other provisions of this subsection, no private, nonprofit institution of higher education shall be required to execute and file with the Commissioner a deposit of any kind whatsoever under this subsection and failure to execute and file such a deposit shall not in any way affect the rights of any private, nonprofit institution of higher education under this Code section. In the event the Commissioner elects to require any organization to execute and file a cash deposit or surety bond, the amount of such deposit or surety bond shall be determined in accordance with the following provisions: (1) The amount of the surety bond or cash deposit required by this subsection shall be equal to 2.7 percent of the organization's total wages paid for employment, as defined in paragraph (1) of subsection (b) of Code Section 34-8-51, for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a surety bond, or a biennial anniversary

Page 927

of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the organization did not pay wages in each of such four calendar quarters, the amount of the surety bond or cash deposit shall be as determined by the Commissioner. (2) Any surety bond deposited under this subsection shall be in force for a period of not less than two full calendar years and shall be renewed, with the approval of the Commissioner, at such times as the Commissioner may prescribe, but not less frequently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The Commissioner shall require adjustments to be made in a previously filed bond as he deems appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties provided for in paragraph (4) of subsection (c) of this Code section, shall render the surety liable on said bond to the extent of the bond, as though the surety was such organization. (3) Any deposit of money in accordance with this subsection shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization less any deductions as hereinafter provided. The Commissioner may deduct from the money deposited under this subsection by an organization to the extent necessary to satisfy any due and unpaid payments in lieu of contributions and any applicable interest and penalties provided for in paragraph (4) of subsection (c) of this Code section. The Commissioner shall require the organization, within 30 days following any deduction from a money deposit under the provisions of this paragraph, to deposit sufficient additional moneys to make whole the organization's deposit at the prior level. The Commissioner may at any time review the adequacy of the deposit

Page 928

made by any organization. If as a result of such review he determines that an adjustment is necessary, he shall require the organization to make additional deposits within 30 days of written notice of his determination or shall return to it such portion of the deposit as he no longer considers necessary, whichever action is appropriate. (4) If any organization subject to this subsection fails to file a surety bond or make a cash deposit or to file a surety bond in an increased amount or to increase or make whole the amount of a previously made cash deposit as provided under this subsection, the Commissioner may terminate such organization's election to make payments in lieu of contributions, and such termination shall continue for not less than the four consecutive calendar quarter periods beginning with the quarter in which such termination becomes effective; provided, however, that the Commissioner may extend for good cause the posting of a cash deposit, the filing of a surety bond, or the extension of an adjustment period by not more than 30 days. (5) The Commissioner may allow the deposit of securities acceptable to him in lieu of either the cash deposit or surety bond referred to in this subsection. The value of securities deposited shall be in accordance with regulations prescribed by the Commissioner. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 929

DRUGSREGISTRATION OF PERSONS, FIRMS, OR CORPORATIONS SELLING OR DISTRIBUTING DRUGS AT WHOLESALE; REPORTS ON CONTROLLED SUBSTANCES; PENALTIES; PRACTITIONERS PROHIBITED FROM PURCHASING FROM CERTAIN PERSONS, FIRMS, OR CORPORATIONS. Code Section 26-4-120 Amended. No. 1523 (Senate Bill No. 482). AN ACT To amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, so as to change the provisions relating to registration of persons, firms, or corporations engaged in the business of selling or distributing drugs at wholesale; to provide fees for renewal of registrations; to require drug wholesalers, distributors, and suppliers to submit monthly reports to the State Board of Pharmacy accounting for all transactions involving certain controlled substances; to require drug wholesalers, distributors, and suppliers to submit periodic reports relative to excessive purchases of controlled substances; to provide for rules and regulations; to provide an exception; to provide penalties for persons, firms, or corporations in violation of certain registration or reporting requirements; to prohibit practitioners from purchasing controlled substances or dangerous drugs from certain persons, firms, or corporations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics and the State Board of Pharmacy, is amended by striking Code Section 26-4-120 in its entirety and inserting in lieu thereof a new Code Section 26-4-120 to read as follows: 26-4-120. (a) All persons, firms, or corporations, whether located in state or out of state, engaged in the business

Page 930

of selling or distributing drugs at wholesale within this state, or in the business of supplying drugs to manufacturers, compounders, and processors within this state, shall annually register with the board as a drug wholesaler, distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant reprimanded by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, or drugs; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) (1) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section shall be required to submit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the State Board of Pharmacy. (2) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section or as provided in Chapter 13 of Title 16 which is

Page 931

required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April 1, 1985) shall be required to submit a copy of each such report to the board. (3) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this subsection. (c) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state. (d) (1) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (2) Any practitioner who knowingly purchases any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 from a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 932

ELECTIONSDEPUTY REGISTRARS; REGISTRATION CARDS; RECEIPTS; MAIN OFFICES OF BOARDS OF REGISTRARS; LIST OF VOTERS WHO HAVE DIED OR APPEAR TO BE DISQUALIFIED; ABSENTEE BALLOTS; ASSISTING AN ELECTOR. Code Title 21, Chapters 2 and 3 Amended. No. 1524 (Senate Bill No. 490). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that additional clerks who do not have to be electors of the county in which employed and who may be appointed as deputy registrars for the purpose or registering voters in the county shall be authorized to perform other duties as may be required; to provide that blank registration cards shall be numbered and shall have a correspondingly numbered, detachable receipt which shall be issued to the applicant for voter registration at the time such registration card has been completed by the applicant; to provide that such receipt shall be signed by the registrar or deputy registrar taking the application and shall indicate the location of registration; to change the provisions relating to the place where completed registration cards and other papers may be kept; to change the provisions relating to the location of the main office of the board of registrars; to change the provisions relating to the procedures connected with the return of completed registration cards from permanent additional voter registration places to the main office; to change the provisions relating to preparation and filing of list of voters who have died or appear to be disqualified by reason of criminal conviction or insanity; to provide for the probate judge to perform certain duties; to change certain terms so that the Georgia Election Code will conform to provisions in the Constitution relating to elections and voters; to change the provisions relating to making application for absentee ballot in connection with elections generally; to authorize a grandparent or certain other persons to make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county in connection with elections generally; to change the

Page 933

provisions relating to delivery of absentee ballots on behalf of physically disabled electors in connection with elections generally; to authorize a grandparent to assist a physically disabled or illiterate elector in preparing his ballot in connection with elections generally; to change the provisions relating to the place where completed registration cards and other papers may be kept by municipal registrars; to change the provisions relating to the location of the main office of the municipal registrars; to provide for blank registration cards and completed registration cards to be kept in specific places in connection with municipal elections; to provide for the return of completed registration cards from permanent additional voter registration places to the main office of the municipal registrars; to change certain provisions relating to purging the list of electors by municipalities maintaining their own registration system; to change certain terms and duties of officers so that the Georgia Municipal Election Code will conform to provisions of the Constitution and the Georgia Election Code relating to elections and voters; to change the provisions relating to making application for absentee ballot in connection with municipal elections; to authorize a grandparent or certain other persons to make application for an absentee ballot on behalf of an elector residing temporarily out of the county or a physically disabled elector residing within the county in connection with municipal elections; to change the provisions relating to delivery of absentee ballots on behalf of physically disabled electors in connection with municipal elections; to authorize a grandparent to assist a physically disabled or illiterate elector in preparing his ballot in connection with municipal elections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 21-2-212, relating to the appointment of deputy registrars, and inserting in lieu thereof a new paragraph (2) to read as follows: (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.

Page 934

Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters in the county and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed. Section 2 . Said title is further amended by adding a new subsection at the end of Code Section 21-2-217, relating to the form of registration cards, to be designated subsection (g) to read as follows: (g) Each blank registration card shall be numbered and shall have a correspondingly numbered, detachable receipt which shall be issued to the applicant for voter registration at the time such registration card has been completed by such applicant. Such receipt shall be signed by the registrar or deputy registrar taking the application and shall indicate the location of registration. Section 3 . Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-218, relating to the main office of board of registrars, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (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: (1) 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; or (2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, 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

Page 935

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 every municipal and county public library wherein a librarian has elected to serve as a deputy registrar and 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, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. Section 4 . Said title is further amended by striking Code Section 21-2-232 in its entirety and inserting in lieu thereof a new Code Section 21-2-232 to read as follows: 21-2-232. The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and file with the registrars a complete list, alphabetically arranged with their addresses and ages, of persons residing in the county who appear to be disqualified from voting by reason of having been convicted of a crime during the preceding month, the penalty of which is disfranchisement, unless

Page 936

such person has been pardoned and the right of suffrage restored to him. The probate judge of each county shall, by such date, file a similar list of all persons residing in the county who appear to be disqualified from voting by reason of an adjudication of mental incompetency during the preceding month. The local registrar of vital statistics of each county shall, by such date, file a similar list of those persons who have died during the preceding month. Each such list shall contain such other information as may be necessary to facilitate identification of persons having the same or similar names. Section 5 . Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Not more than 120 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 or a physically disabled elector residing within the county, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, 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. Except in the case of physically disabled electors residing in the county, 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.

Page 937

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 merchant marine residing with or accompanying said member or overseas citizen 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. Section 6 . Said title is further amended by striking Code Section 21-2-385 in its entirety and inserting in lieu thereof a new Code Section 21-2-385 to read as follows: 21-2-385. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed `Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult upon

Page 938

satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar shall then and there vote the ballot, seal it properly, and return it to the registrar. (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector who is qualified to vote in the same county as the disabled elector or the mother, father, grandparent, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the elector. If the disabled elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector at the time of the application therefor within the confines of the registrar's office; and the elector shall then and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations to the elector to ensure the privacy of the elector while voting his absentee ballot. Section 7 . Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to registration duties of county registrar in municipalities using county registration system and location of main office of municipal board of registrars, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In those municipalities electing to maintain their own registration system, the registrars shall keep the completed registration cards and their other papers in the main office of the municipal registrars, which office shall be in

Page 939

the city hall or other public building designated by the governing authority. If no such office exists, the registrars shall keep the completed registration cards and their other papers: (1) In the office of the city clerk, and such office shall be deemed the main office of the board of registrars; or (2) In the office of the designated chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal working hours, and such office shall be deemed the main office of the board of registrars. 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 governing authority, in addition to the main office, shall designate every municipal public library and county public library which is located within the corporate limits of the municipality and in which a librarian has elected to serve as a deputy registrar and may designate other fixed places to be used for the purpose of receiving applications for registration and for the registration of electors. 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, provided that completed registration cards may be retained temporarily at permanent additional voter registration places but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. Section 8 . Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 21-3-133, relating to purging of list of electors by municipalities maintaining their own registration system, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) At least 60 days before any general election, the registrar shall obtain from the probate judge of the county a list of all persons residing in the county who appear to

Page 940

be disqualified from voting by reason of an adjudication of mental incompetency since the last general election; and any of these persons on the municipal list of electors shall be removed; . Section 9 . Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to making of application for absentee ballot in connection with municipal elections, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any absentee elector may make an application either by mail or in person in the absentee ballot clerk's office to the absentee ballot clerk for an official ballot of the elector's precinct to be voted at such primary or election. In the case of an elector residing temporarily out of the municipality and the county in which the absentee elector permanently resides or a physically disabled elector residing within the municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by his mother, father, grandparent, 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 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. Section 10 . Said title is further amended by striking Code Section 21-3-285 in its entirety and inserting in lieu thereof a new Code Section 21-3-285 to read as follows: 21-3-285. (a) At any time after receiving an official absentee ballot, but before the date of the primary or election,

Page 941

except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his absentee ballot, then fold the ballot and close and securely seal the same in the envelope on which is printed `Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed, and the elector shall then mail or personally deliver the same to the absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult upon satisfactory proof that such adult is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the absentee ballot clerk. (b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled elector; or the father, mother, grandparent, brother, sister, spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled elector. If the disabled elector is sojourning outside his own municipality, a notary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be delivered to the elector within the confines of the registrar's office at the time of the application; and the elector shall then and there vote and deliver the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars shall furnish accommodations

Page 942

to the elector to ensure the privacy of the elector while voting his absentee ballot. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CONDOMINIUMSDOCUMENTS; REQUIREMENTS FOR COPIES FURNISHED TO THE PROSPECTIVE BUYER. Code Section 44-3-111 Amended. No. 1525 (Senate Bill No. 537). AN ACT To amend Code Section 44-3-111 of the Official Code of Georgia Annotated, relating to sales of residential condominiums for residential occupancy, so as to provide for the manner in which certain documents required to be furnished to purchasers shall be prepared; 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 44-3-111 of the Official Code of Georgia Annotated, relating to sales of residential condominiums for residential occupancy, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) Any covered contract shall be voidable by the buyer until at least seven days after the seller has furnished to

Page 943

the prospective buyer the documents specified in this subsection. The copy of any such document which must be executed in order to be effective shall be a copy of the executed document. The documents required under this subsection to be furnished to the prospective buyer are the following: (1) A copy of the floor plan of the unit which is the subject of the covered contract; (2) A copy of the declaration and of each amendment thereto as of that time; (3) A copy of the articles of incorporation and bylaws of the association and of each amendment to either as of that time; (4) A copy of any ground lease or other underlying lease of all or any part of the condominium; (5) A copy of every management, maintenance, and other contract for the management and operation of either the association, the condominium, or the facilities to be used by the unit owners having a term in excess of one year; contracts renewable without the consent of the association shall be deemed to have a term in excess of one year; (6) The estimated or actual operating budget for the condominium for the current year containing the matters set forth in subparagraph (A) of this paragraph and a schedule of estimated or actual expenses pertaining to each condominium unit for the current year containing the matters set forth in subparagraph (B) of this paragraph: (A) Expenses of the association for: (i) Administration; (ii) Management fees; (iii) Maintenance; (iv) Rent for recreational and other commonly used facilities;

Page 944

(v) Taxes on property of the associations; (vi) Insurance; (vii) Security provisions; (viii) Other expenses; (ix) Operating capital; (x) Reserve for deferred maintenance; (xi) Reserve for depreciation; and (xii) Other reserves; (B) Expenses of the unit owner for: (i) Assessments to cover association expenses; (ii) Rent for the unit if part of a leasehold condominium; (iii) Rent, fees, or charges payable by the unit owner directly to the lessor or the lessor's agent under any recreational lease or lease for the use of commonly used facilities, which leases are and payment is a mandatory condition of ownership and which payment is not included in the assessments paid by the unit owner to the association; (7) A copy of any lease of recreational or other facilities that will be used only by the unit owners; (8) A copy of any lease of recreational or other facilities that will or may be used by unit owners in common with any other person; (9) A copy of a statement setting forth the extent of and conditions or limitations applicable to the declarant's commitment to build and submit additional units, additional recreational or other facilities, or additional property; and

Page 945

(10) If the covered contract applies to a condominium unit which is part of a conversion condominium: (A) A statement by the declarant, based on a report prepared by an independent, registered architect or engineer, describing the present condition of all structural components and mechanical and electrical systems, excluding fixtures and appliances within the units, material to the use and enjoyment of the condominium; (B) A statement by the declarant of the expected useful life of each item reported on as provided in subparagraph (A) of this paragraph or a statement that no representations are made in that regard; and (C) A list of any outstanding notices of uncured violations of building code or other county or municipal regulations together with the estimated cost of curing those violations. This paragraph shall not apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium. The items required by this subsection shall be bound or stapled into a single package and covered by an index sheet listing each item required by this subsection and showing either that the same is attached or does not exist. A nonrefundable deposit not in excess of $25.00 may be required of the recipient of the documents required by this Code section, such deposit to be applied to the purchase price of the condominium unit in the event of purchase by the recipient. A dated, written acknowledgement of receipt of all items required by this subsection, executed by the recipient, shall be prima-facie evidence of the date of delivery of said items. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 946

MOTOR VEHICLESCERTAIN TRUCKS AND TRUCK TRACTORS; DISPLAY OF OWNER'S OR LESSEE'S NAME AND ADDRESS. Code Section 40-8-9 Enacted. No. 1526 (House Bill No. 555). AN ACT To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles in general, so as to require that certain trucks and certain truck tractors have the name and principal place of domicile of the owner or lessee on each side thereof; to make special provisions for trucks and truck tractors operated by licensed motor carriers; to provide for 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 . Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles in general, is amended by adding a new Code Section 40-8-9 to read as follows: 40-8-9. It shall be unlawful to operate in this state any truck or truck tractor having an owner declared gross weight of 43,000 or more pounds which does not comply with the name display requirements of this Code section. Each such truck or truck tractor shall have displayed on each side thereof the name and principal place of domicile of the registered owner or, if the truck or truck tractor is operating under a lease arrangement, the name and principal place of domicile of the lessee, except that trucks and truck tractors operating pursuant to authority granted by the Public Service Commission or the federal Interstate Commerce Commission shall display the name of the holder of such authority and such other information as may be required by these commissions. The display shall be in sharp

Page 947

color contrast to the background and shall be of such size, color, and shape as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion; and such display shall be maintained in a manner so as to remain so legible. This Code section shall not prohibit the display of additional information which does not interfere with the legibility of the display required by this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE)DEFINITIONS; POWERS; LOANS; BONDS. Code Sections 36-41-3, 36-41-5, and 36-41-8 Amended. No. 1527 (House Bill No. 1210). AN ACT To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the Urban Residential Finance Authorities Act for Large Municipalities (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), so as to change the provisions relating to certain definitions; to change the provisions relating to powers of the authorities; to change the provisions relating to loans to qualified housing sponsors or eligible households; to change the provisions relating to the procedure for issuance and the form of an authority's bonds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 948

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 41 of Title 36 of the Official Code of Georgia Annotated, known as the Urban Residential Finance Authorities Act for Large Municipalities (municipalities of this state having a population of 400,000 or more according to the United States decennial census of 1980 or any future such census), is amended by striking paragraphs (3), (6), (7), and (9) of Code Section 36-41-3, relating to definitions, in their entirety and substituting in lieu thereof, respectively, new paragraphs (3), (6), (7), and (9) to read as follows: (3) `Eligible household' means any household which does not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided, state aided, or authority aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and which satisfies the income limitations set by each authority in administrative guidelines and procedures established pursuant to subsection (c) of Code Section 36-41-5. (6) `Household' shall have that meaning specified by the United States Bureau of the Census in its 1980 census. (7) `Income' shall have that meaning specified by the United States Bureau of the Census in its 1980 census. (9) `Median household income' shall have that meaning used in the United States decennial census for the Metropolitan Statistical Area of the particular municipality activating the particular authority as adjusted from time to time by the United States Department of Housing and Urban Development. Section 2 . Said chapter is further amended by striking paragraphs (12) and (13) of subsection (a) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof, respectively, new paragraphs (12) and (13) to read as follows: (12) To accept gifts, grants, loans, or other aid from the federal government, the state or any county or municipality

Page 949

within the state or any persons or corporations and to agree and comply with any conditions attached to such financial assistance; (13) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of bond principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation and certificates of deposit of federal savings and loan associations and state building and loan associations which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit

Page 950

Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct or general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing

Page 951

time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; Section 3 . Said chapter is further amended by striking paragraphs (17) and (18) of subsection (a) of Code Section 36-41-5, relating to the powers of an authority, in their entirety and substituting in lieu thereof new paragraphs (17) through (21) to read as follows: (17) To make loans pursuant to Code Section 36-41-6 to finance the construction of residential housing; (18) To engage in and assist in the development and operation of low and moderate income housing pursuant to Code Section 8-3-30; (19) To participate in or administer federal programs for the issuance of mortgage credit and to do all things necessary or convenient to qualify as an issuer of mortgage credit certificates; (20) To participate in or administer or participate in and administer any federal, state, county, or municipal program designed to assist in lowering the cost of housing for eligible households; and (21) To provide financing for housing projects, without regard to targeting for eligible households, which encourages the development of housing in accordance with the comprehensive development plan of the municipality activating the authority. Section 4 . Said chapter is further amended by striking subsection (d) of Code Section 36-41-5, relating to the powers of an authority, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) The administrative guidelines established by each authority pursuant to subsection (c) of this Code section may

Page 952

differ in order to reflect the varying tenant composition and economic and housing conditions within the jurisdiction of each authority. Section 5 . Said chapter is further amended by striking Code Section 36-41-8, relating to the procedure for issuance and the form of an authority's bonds, in its entirety and substituting in lieu thereof a new Code Section 36-41-8 to read as follows: 36-41-8. (a) Each authority shall have the power and is authorized, at one time or from time to time, to issue its revenue bonds in such principal amounts as, in the opinion of the authority, shall be necessary to provide sufficient funds for achieving the corporate purposes thereof, including the making and purchasing of loans for the acquisition, financing, construction, and rehabilitation of residential housing as provided in this chapter; the payment of interest on bonds of the authority; the establishment of reserves to secure such bonds; and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. (b) The authority may retain the services of a qualified, independent financial advisor. The financial advisor shall not in any manner be involved in the underwriting of the revenue bonds or in the origination, sale, or servicing of mortgage loans for residential housing and shall serve only to advise the authority. (c) The bonds of each issue shall be dated; shall bear interest at such rate or rates as shall be set by the authority (which may include the use of any formula or market pricing mechanism determined by the authority to be reasonable), without limitation by any existing law of the state, payable at such times as the authority may determine; shall mature at such time or times as the authority may determine; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and, at the option of the authority, may be made redeemable before maturity or exchangeable for other bonds of the same series at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution or financing documents providing for the issuance of such

Page 953

bonds or both redeemable and exchangeable. The bonds may be issued as serial bonds or as term bonds with or without mandatory sinking fund provisions or as a combination thereof. (d) The authority shall determine the form of the bonds, including any interest or principal coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the state. (e) All such bonds shall be executed in the name of the authority by the chairman or vice-chairman and secretary-treasurer of the authority and shall be sealed with the official seal of the authority or a facsimile thereof. Coupons shall be executed in the name of the authority by the chairman or vice-chairman of the authority. The facsimile signature of both the chairman or vice-chairman and the secretary-treasurer of the authority may be imprinted in lieu of the manual signatures if the authority so directs, and the facsimile of the chairman's or vice-chairman's signature shall be used on such coupons. Bonds and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding the fact that before or after the delivery thereof such person ceased to hold such office. In addition to the foregoing, the bonds shall bear the manual or facsimile signature of the clerk of the superior court of each county wherein is located a municipality activating an authority. (f) The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest. The authority may sell such bonds at public or private sale in such manner and for such price as it may determine to be for the best interest of the authority. (g) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the

Page 954

issuance of the latter. The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this chapter. (h) Each authority is authorized to provide by resolution for the issue of refunding bonds of the authority for the purpose of refunding any bonds issued under this chapter and then outstanding, together with accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by this chapter insofar as the same may be applicable. (i) If the authority so determines, the bonds may be issued pursuant to a trust indenture between the authority and a trustee, which trust indenture shall have such terms and provisions as may be determined by the authority. (j) Except as provided in this Code section, all revenue bonds issued by the authority under this chapter shall be executed, confirmed, and validated under, and in accordance with, Article 3 of Chapter 82 of this title, except that, in lieu of specifying the maturities or the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the petition and complaint filed in the validation proceeding may state that the bonds, when issued, will mature no later than 40 years from their issuance and bear interest at a rate not exceeding a maximum per annum rate of interest specified in such notices or that, in the event that bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate specified in the notices; provided, however, that nothing contained in this subsection shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (k) In the event that no appeal is filed within the time prescribed by law or, if an appeal is filed, that the judgment

Page 955

is affirmed on appeal, the judgment of the superior court so confirming and validating the issuance of the bonds and the security therefor shall be forever conclusive upon the validity of the bonds and the security therefor against the authority and all other persons. (l) The bonds are made securities in which all public officers and bodies of the state and all municipalities; all insurance companies and associations and other persons carrying on an insurance business; all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest funds, including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of the state and all municipalities for any purposes of which the deposit of the bonds or other obligations of the state is now or may hereafter be authorized. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 956

JUDICIAL COUNCIL OF GEORGIAPRIOR WRITTEN NOTICE OF INTENDED ADOPTION OF RULES AND REGULATIONS REQUIRED. Code Section 15-5-21 Amended. No. 1528 (House Bill No. 1227). AN ACT To amend Code Section 15-5-21 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, so as to require prior written notice of the intended adoption of such rules and regulations and provide for the invalidity of rules and regulations adopted without such notice and for proceedings relating thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-5-21 of the Official Code of Georgia Annotated, relating to the promulgation of certain rules and regulations of the Judicial Council, is amended by adding at the end thereof a new subsection to read as follows: (d) A rule or regulation promulgated by the Judicial Council pursuant to this Code section shall not become effective unless that council provides to the chairperson of the Judiciary Committee of the House of Representatives, the chairperson of the Special Judiciary Committee of the House of Representatives, the chairperson of the Judiciary Committee of the Senate, and the chairperson of the Judiciary and Constitutional Law Committee of the Senate, at least 30 days prior to the date that council intends to adopt such rule or regulation, written notice which includes an exact copy of the proposed rule or regulation and the intended date of its adoption. After July 1, 1986, no rule or regulation adopted by the Judicial Council pursuant to this Code section shall be valid unless adopted in conformity with this subsection. A proceeding to contest any rule or regulation on the grounds of noncompliance with this subsection must be commenced

Page 957

within two years from the effective date of the rule or regulation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. ETHICS IN GOVERNMENT ACTENACTMENT; STATE ETHICS COMMISSION CREATED; CAMPAIGN AND FINANCIAL DISCLOSURE ACT REPEALED. Code Title 21, Chapter 5 Revised. No. 1529 (House Bill No. 1286). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in government service and the disclosure of campaign contributions and expenditures; to provide for a short title; to provide for legislative intent on a declaration of policy; to provide for definitions; to create the State Ethics Commission; to provide for composition, appointment of members, terms, vacancies, meetings, officers, quorum, and assignments; to provide for certain staff, funding, and supplies; to provide for the powers, duties, and authority of the commission; to provide for certain limitations on such authority; to provide for venue for certain actions; to provide for the disclosure of campaign contributions; to provide for the acceptance of certain contributions; to provide for procedures regarding such contributions; to provide for persons subject to disclosure requirements; to provide for certain information in reports; to provide for certain recordkeeping and inspections; to provide for the uses of contributions; to require the filing of certain reports; to provide for the contents of such reports; to provide for filing, verification,

Page 958

and mailing of such reports; to provide for certain duties of the commission; to provide for the disclosure of certain financial interests; to provide for certain reports of such interests; to provide for the contents of such reports; to provide for filing requirements; to provide for verification; to provide for mailing of such reports; to provide that such reports shall be public records; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking Chapter 5, the Campaign and Financial Disclosure Act, in its entirety and inserting in its place a new Chapter 5 to read as follows: CHAPTER 5 ARTICLE 1 21-5-1. This chapter shall be known as and may be cited as the `Ethics in Government Act.' 21-5-2. It is declared to be the policy of this state, in furtherance of its responsibility to protect the integrity of the democratic proces and to ensure fair elections for constitutional offices, state offices, district attorneys, members of the Georgia House of Representatives and Georgia Senate, all constitutional judicial officers, and all county and municipal elected officials, to institute and establish a requirement of public disclosure of campaign contributions and expenditures relative to the seeking of such offices, to the recall of public officials holding elective office, and to the influencing of voter approval or rejection of a proposed constitutional amendment or a state-wide referendum. It is the policy of this state to require public disclosure of campaign contributions and expenditures when such are 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. Further, it is the policy of this state that the state's public affairs will be promoted by disclosures of significant private interests of public officers and officials which may influence the discharge of their public duties

Page 959

and responsibilities. The General Assembly further finds that it is for the public to determine whether significant private interests of public officers have influenced the state's public officers to the detriment of their public duties and responsibilities and, in order to make that determination and hold the public officers accountable, the public must have access to the disclosure of the significant private interests of the public officers of this state. 21-5-3. As used in this chapter, the term: (1) `Business entity' means any corporation, sole proprietorship, partnership, limited partnership, enterprise, franchise, association, trust, joint venture, or other entity, whether profit or nonprofit. (2) `Campaign committee' means the candidate, person, or committee which accepts contributions or makes expenditures designed to bring about the nomination or election of an individual to any elected office. The term `campaign committee' also means any person or committee which accepts contributions or makes expenditures designed to bring about the recall of a public officer or any person or committee which accepts contributions or makes expenditures designed to bring about the approval or rejection by the voters of any proposed constitutional amendment or state-wide referendum. The term `campaign committee' shall also mean any person or 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. (3) `Campaign contribution disclosure report' means a report filed with the commission by a candidate or the chairman or treasurer of a campaign committee setting forth all expenditures of $101.00 or more and all contributions of $101.00 or more, including contributions and expenditures of lesser amounts when the aggregate amount thereof by or to a person is $101.00 or more for the calendar year in which the report is filed. Such report shall also include the total amount of all individual contributions received or expenditures made of less

Page 960

than $101.00 each. The first report required in the calendar year of the election shall contain all such expenditures made and all such contributions received by the candidate or the committee in prior years in support of the campaign in question. (4) `Candidate' means an individual who seeks nomination for election or election to any public office, whether or not such an individual is elected; and a person shall be deemed to seek nomination or election if such person has taken necessary action under the laws of this state to qualify such person for nomination for election or election, or has received contributions or made expenditures, or has given such person's consent for such person's campaign committee to receive contributions or make expenditures with a view to bringing about such person's nomination for election or election to such office. (5) `Commission' means the State Ethics Commission created under Code Section 21-5-4. (6) `Contribution' means a gift, subscription, membership, loan, forgiveness of debt, advance or deposit of money or anything of value, conveyed or transferred for the purpose of influencing the nomination for election or election of any person for office, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any sources and on a voluntary basis. The term `contribution' shall include other forms of payment made to candidates for office or who hold office when such fees and compensation made can be reasonably construed as a campaign contribution designed to encourage or influence a candidate or office-holder. The term `contribution' shall also encompass transactions wherein a qualifying fee required of the candidate is furnished or paid by anyone other than the candidate. (7) `Direct ownership interest' means the holding or possession of good legal or rightful title of property

Page 961

or the holding or enjoyment of real or beneficial use of the property by any person and includes any interest owned or held by a spouse of such person if such interest is held jointly or as tenants in common between the person and spouse. (8) `Election' means a primary election; run-off election, either primary or general; special election; or general election. The term `election' also means a recall election. (9) `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, the recall of a public official holding elective office, or the influencing of voter approval or rejection of a proposed constitutional amendment, a state-wide referendum, or a proposed question which is to appear on the ballot in any county or municipal election. The term specifically shall not include the value of personal services performed by persons who serve without compensation from any source and on a voluntary basis. The term `expenditure' shall also include the payment of a qualifying fee for and in behalf of a candidate. (10) `Fiduciary position' means any position imposing a duty to act primarily for another's benefit as officers, directors, managers, partners, or other designations of general responsibility of a business entity. (11) `Filing officer' means that official who is designated in Code Section 21-5-34 to receive campaign contribution disclosure reports; provided, however, that such term shall not include the State Ethics Commission. (12) `Gift' means any gratuitous transfer to a public officer, the spouse of the public officer, or any dependents of the public officer or loan of property or services, which is not a contribution as defined in paragraph (6) of this Code section, and which is in the amount of $101.00 or more. (13) `Intangible property' means property which is not real property and which is held for profit and includes

Page 962

stocks, bonds, interest in partnerships, choses in action, and other investments but shall not include any ownership interest in any public or private retirement or pension fund, account, or system and shall not include any ownership interest in any public or private life insurance contract or any benefit, value, or proceeds thereof. (14) `Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (15) `Public officer' means: (A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; and (E) The executive director of each state authority. 21-5-4. (a) Those members serving on the State Campaign and Financial Disclosure Commission prior to March 1, 1987, shall serve for a term of office which expires March 1, 1987. (b) There is created the State Ethics Commission, with such duties and powers as are set forth in this chapter. The commission shall be governed by five members appointed as follows: three members, not more than two of whom shall be from the same political party, shall be appointed by the Governor, two for terms of three years and one for a term of two years; one member shall be appointed by the Lieutenant Governor for a term of four years; and one member shall be appointed by the Speaker of the House of Representatives for a term of four years. The initial members shall take office on March 2, 1987. 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 as provided

Page 963

in this subsection, shall become a member of the commission and shall serve for a term of four years and until such member's successor is duly appointed and qualified. If a vacancy occurs in the membership of the commission, a new member shall be appointed to the unexpired term of office by the state official who appointed the vacating member. Members of the commission shall not serve for more than one complete term of office. (c) All members of the commission shall be residents of this state. (d) Any person who: (1) Has qualified to run for any federal, state, or local public office within a period of five years prior to such person's appointment; (2) Has held any federal, state, or local public office within a period of five years prior to such person's 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. (e) The commission shall elect a chairman, a vice chairman, and other officers as it deems necessary. The members shall not be compensated for their services but they 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. (f) A majority of the members of the commission 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 is necessary for any action to be taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to

Page 964

exercise all rights and perform all duties of the commission. (g) Meetings of the members of the commission shall be held at the call of the chairman or whenever any two members so request. 21-5-5. The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the State Ethics Commission and from any other available funds. 21-5-6. (a) The commission is vested with the following powers: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the commission as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (4) 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; (5) To issue subpoenas to compel any person to appear, give sworn testimony, or produce documentary or other evidence; (6) 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; (7) To adopt in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' such

Page 965

rules and regulations as are necessary to carry out the purposes of this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. (b) 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 by this chapter to file statements and reports; (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 public dissemination of such summaries and reports; (8) To determine whether the required statements 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 21-5-7, 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

Page 966

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 provision 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; (10) (A) To conduct a preliminary investigation, subject to the limitations contained in Code Section 21-5-7, 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. 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 to believe that a violation has occurred, 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 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. (B) In any such preliminary investigation referenced in subparagraph (A) of this paragraph, until such time as the commission determines that there are reasonable grounds to believe that a violation has occurred, it shall not be necessary to give the notice by summons nor to conduct a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act';

Page 967

(11) To report suspected violations of law to the appropriate law enforcement authority; (12) To investigate upon a written complaint any illegal use of state employees in a political campaign by any candidate; (13) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; (14) 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; (C) (i) To pay a civil penalty not to exceed $1,000.00 for each violation contained in any report required by this chapter or for each failure to comply with any other provision of this chapter or of any rule or regulation promulgated under this chapter. (ii) A civil penalty shall not be assessed against any person 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. (iii) The Attorney General of this state shall, upon complaint by the commission, or may, upon

Page 968

the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the commission for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the commission. (iv) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulations duly issued by the commission or any order issued by the commission ordering compliance or to cease and desist from commissions of further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the commission to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the commission and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (v) 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, shall provide that the defendant pay to the commission the costs, including reasonable attorneys' fees, incurred by the commission in the prosecution of such action;

Page 969

(15) To make public its conclusion that a violation has occurred and the nature thereof; (16) 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 (17) 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. 21-5-7. The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath, to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the filing of such complaint. Nothing in this Code section, however, 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. 21-5-8. Venue for prosecution of civil violations of this chapter or for any other action by or on behalf of the commission shall be in the county of the residence of the candidate or public officer at the time of the alleged violation or action. 21-5-9. Except as otherwise provided in this chapter, any person who knowingly fails to comply with or who knowingly violates this chapter shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. Notwithstanding any provision to the contrary, any person who knowingly falsifies

Page 970

any report required under this chapter shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both. ARTICLE 2 21-5-30. (a) No contributions to bring about the nomination or election of a candidate for any office shall be made except directly to a candidate or such candidate's campaign committee which is organized for the purpose of bringing about the nomination or election of any such candidate; and no contributions to bring about the recall of a public officer or to bring about the approval or rejection by the voters of a proposed constitutional amendment, state-wide referendum, or other issue at the municipal or county level shall be accepted except directly by a campaign committee organized for that purpose. (b) Each candidate shall have a campaign committee, which may consist of only the candidate pursuant to paragraph (2) of Code Section 21-5-3, for the purpose of maintaining records and the filing of reports as required by this chapter. Every campaign committee shall have a chairman and a treasurer, except that the candidate may serve as the chairman and treasurer. Before a campaign committee accepts contributions, the name and address of the chairman and treasurer shall be filed with the commission. The same person may serve as chairman and treasurer. No contributions shall be accepted by or on behalf of the campaign committee at a time when there is a vacancy in the office of chairman and treasurer thereof. (c) Contributions of money received pursuant to subsection (a) of this Code section shall be deposited in the separate campaign depository account opened and maintained for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that any interest earned thereon shall be deemed contributions and may only be used for the purposes allowed under this chapter. All deposits shall be accompanied by a bank deposit slip containing the name of each contributor and the amount contributed by each, except that with respect

Page 971

to the proceeds derived from fundraisers, individual contributions of less than $101.00 may be deposited in the aggregate. (d) Where separate contributions of less than $101.00 are knowingly received from a common source, such contributions shall be aggregated for reporting purposes. For purposes of fulfilling this requirement, members of the same family, firm, or partnership or employees of the same person, as defined in Code Section 21-5-3, shall be considered to be a common source. (e) The making and acceptance of anonymous contributions are prohibited. Any anonymous contributions received by a candidate or campaign committee shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the state treasury, and the fact of such contribution and transmittal shall be reported to the commission. (f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. 21-5-31. (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidates is subject to the same disclosure requirements of this chapter as a candidate, except that contributions from individuals made directly to a candidate or his campaign committee do not require separate reporting and except that contributions from persons as defined in paragraph (14) of Code Section 21-5-3 which do not exceed $500.00 in the aggregate or which are made to only one candidate, regardless of the amount, do not require separate reporting. (b) When a contribution consists of the proceeds of a loan, advance, or other extension of credit, the campaign contribution disclosure 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

Page 972

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 such relationship. 21-5-32. (a) The treasurer of each campaign committee shall keep detailed accounts, current within not more than five business days after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or committee. The treasurer shall also keep detailed accounts of all deposits made in any savings account or certificate of deposit and of all withdrawals made therefrom to the separate campaign depository and of all interest earned thereon. (b) Accounts, including campaign savings accounts and certificates of deposit, kept by the treasurer of a campaign committee may be inspected under reasonable circumstances before, during, or after the election to which the accounts refer by any authorized representative of the commission. The right of inspection may be enforced by appropriate writ issued by any court of competent jurisdiction. (c) Accounts kept by the campaign committee shall be preserved for three years from the termination date of the campaign committee for any candidate or for three years from the election to bring about the approval or rejection by the voters of any proposed constitutional amendment, referendum, local issue, or recall vote. 21-5-33. (a) Contributions received by a candidate or a campaign committee, or a public officer and any proceeds from investing such contributions shall be utilized only to defray ordinary and necessary expenses, which may include any loan of money from a candidate or public officer to the candidate's campaign committee, incurred in connection with the candidate's campaign for elective office or a public officer's fulfillment or retention of such office. (b) (1) All contributions received by a candidate or such candidate's campaign committee or a public officer in excess of those necessary to defray expenses pursuant

Page 973

to subsection (a) of this Code section and as determined by the candidate or public officer may only be used as follows: (A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and non-profit organizations; (B) For transferral without limitation to any national, state, or local committee of any political party or to any candidate; (C) For repayment on a pro rata basis to persons making such contributions; (D) For use in future campaigns for any elective office; (E) For repayment of any prior campaign obligations incurred as a candidate; or (F) (i) For any personal use; provided, however, that no candidate or public officer shall convert contributions to the personal use or benefit of the candidate or public officer unless the candidate or public officer shall have: (I) Written to every contributor to the most recent campaign to notify the contributor that the candidate or public officer intends to convert contributions to the personal use of the candidate or public officer; (II) Extended an opportunity in writing to every contributor to the most recent campaign to receive a pro rata distribution from the campaign committee in lieu of having the contributions converted to the personal use of the candidate or public officer, which opportunity shall not expire for at least 30 days after extension of such opportunity; and

Page 974

(III) Distributed pro rata the contributions to all who objected to the conversion of the contributions to the personal use of the candidate or public officer. (ii) Notwithstanding any other provision of this subparagraph to the contrary, no repayment or offer of repayment shall be required if there is less than $5,000.00 in the campaign account of a state-wide candidate or public officer or if there is less than $1,000.00 in the campaign account of a candidate or elected official other than a state-wide candidate or public officer. (2) Any candidate or public officer may provide in the will of the candidate or public officer that the contributions shall be spent in any of the authorized manners upon the death of the candidate or public officer; and, in the absence of any such direction in the probated will of the candidate or public officer, the contributions shall be paid to the treasury of the state party with which the candidate or public officer was affiliated in such candidate's or officer's last election or elective office. Notwithstanding any other provisions of this paragraph, the personal representative or executor of the estate shall be allowed to use or pay out funds in the campaign account in any manner authorized in subparagraphs (A) through (F) of paragraph (1) of this subsection. (c) Contributions shall not constitute personal assets of the candidate or public officer unless and until such contributions are converted to the personal use of the candidate or public officer as provided in subparagraph (b)(1)(F) of this Code section. 21-5-34. (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 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

Page 975

of any proposed constitutional amendment or state-wide referendum shall file with the commission the required campaign contribution disclosure reports. In addition, a candidate for any state office or the chairman or treasurer of his or her campaign committee shall file a copy of each of his or her reports with the election superintendent of the county of his or her residence. (2) (A) 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 contribution 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. All advertising pertaining to referendums must identify the principal officer of said campaign committee by containing the name and title of the principal officer. (B) If a campaign committee is required to file a report under subparagraph (A) of this paragraph, 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. (3) A candidate for county office or the chairman or treasurer of such candidate's campaign committee shall file the required campaign contribution disclosure reports with the election superintendent in the respective county of election. (4) A candidate for municipal office or such candidate's 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.

Page 976

(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 fundraising 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 such relationship. (c) Campaign committees which accept contributions or make expenditures designed to bring about the nomination or election of a candidate shall file campaign contribution 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 contribution 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 primary, 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

Page 977

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 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 contribution disclosure report shall be filed by each public officer 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 contribution disclosure report filed pursuant to this chapter and December 31 of any year, a supplemental campaign contribution disclosure report shall be required by this chapter and shall so indicate no contributions or expenditures. (f) Any campaign committee which accepts contributions or makes expenditures designed to bring about the recall of a public official or to oppose the recall of a public official shall file campaign contribution disclosure reports with the commission 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;

Page 978

(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. (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 contribution disclosure report with the commission 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) 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. 21-5-35. (a) Any member of the General Assembly or that member's campaign committee who accepts a reportable campaign contribution during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was accepted. (b) Any person subject to Code Section 21-5-31 who gives a contribution to a member of the General Assembly or that member's campaign committee during a legislative session shall report the contribution to the proper authority on the first day of the month following the month in which the contribution was given. 21-5-36. (a) It shall be the duty of the commission or filing officer to make the campaign contribution disclosure

Page 979

reports available for public inspection and copying during regular office hours commencing as soon as practicable after such filing. Such commission or filing officer shall have the authority to charge a fee for copying such reports not to exceed the actual cost thereof. The commission or filing officer shall preserve such reports for a period of five years from the date upon which they are received. A filing officer shall notify the commission in writing of: (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 (2) Within ten days after the date a report is due, the names and addresses of candidates or campaign committees which have not filed required campaign disclosure reports as required by law in the election in question. A filing officer shall immediately notify the commission when such officer shall receive any complaint against any candidate offering for any office specified in Code Section 21-5-2 or against any campaign committee and shall forward the commission a copy of the complaint. In the event any complaint is against a county or municipal candidate, a copy of the reports filed by such candidate shall be forwarded to the commission along with the complaint. (b) The commission or filing officer receiving original reports has the duty to inspect each report filed with such commission or officer by candidates or by a campaign committee for conformity with the law and to notify the candidate or campaign committee immediately if the report does not conform with the law, is unsigned, or is otherwise in technical violation of filing requirements. ARTICLE 3 21-5-50. (a) Each public officer, as defined in paragraph (15) of Code Section 21-5-3, shall file with the commission not before the first day of January nor later than February 15 of each year in which such public officer holds office,

Page 980

a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer shall file with the commission, not later than the tenth day after which such person qualifies, a financial disclosure statement for the 12 month period ending the month prior to such qualification. The commission shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) All gifts, fees, and honoraria reasonably believed by the public officer to be in excess of $500.00 received from speaking engagements, participation in seminars, discussion panels, or other activities which relate to the duties of the public officer or the office of the public officer, with a statement identifying the gift received and the person from whom it was received; (2) All fiduciary positions held by the candidate for public office or the public officer, with a statement of the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) All direct ownership interests, including any intangible property, in any business entity, including the name, address, principal activity of the business entity, the office held by the candidate for public office or the public officer within such business entity, and the duties and responsibilities of the candidate for public office or the public officer in which such ownership 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; (4) All direct ownership interests which have a fair market value of more than $20,000.00 or represent at

Page 981

least 10 percent of the candidate for public office's or the public officer's net worth in real property, including the county and state in which such property is located; and, for purposes of this subparagraph, the fair market value shall be the appraised value of the real property for ad valorem tax purposes; and (5) All annual payments in excess of $20,000.00 received by the public officer or any business entity identified in paragraph (3) of this subsection from the state, any agency, department, commission, or authority created by the state, and authorized and exempted from disclosure under Code Section 45-10-25, and the agency, department, commission, or authority making the payments, and the general nature of the consideration rendered for the source of the payments. 21-5-51. The financial disclosure reports required under this part shall be verified by oath or affirmation of the public officer filing the report, such oath or affirmation to be taken before an officer authorized to administer oaths. 21-5-52. Depositing of a property addressed financial disclosure report in the United States mails with adequate postage thereon shall constitute filing on the date of mailing. 21-5-53. Financial disclosure reports filed pursuant to this part shall be public records and shall be subject to inspection and copying by any member of the public as provided by law for other public records. Section 2 . This Act shall become effective March 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 982

PROBATE COURTS IN COUNTIES OF MORE THAN 150,000PRACTICE AND PROCEDURE; JURY TRIALS; APPEALS; NEW TRIALS. Code Titles 5, 15, 19, 24, 29, 31, 37, 40, 44, 49, and 53 Amended. No. 1530 (House Bill No. 1367). AN ACT To provide for the right of jury trials and for appellate practice in certain probate courts of counties having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide that appeals from certain probate courts shall lie to the Supreme Court or Court of Appeals instead of the superior court; to provide that the writ of certiorari to superior court shall not be available from certain probate courts; to allow certain probate courts to grant new trials; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for jury trials in civil cases in probate courts of counties having a population of more than 150,000 persons according to the United States decennial census of 1980 or any future such census in which the judge thereof has been admitted to the practice of law for at least seven years; to provide exceptions; to provide for demands for jury trials; to provide for practice, pleading, procedure, and evidence; to provide for appeals and appellate procedure; to provide for the execution of judgments; to provide for fees; to amend Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate courts, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, so as to provide exceptions to the right of appeal to superior court; to amend Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, so as to provide certain exceptions

Page 983

to the right of appeal to superior court; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for exceptions to the right of appeal to superior court in certain cases; to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, so as to provide that all appeals of convictions under Article 2 of Title 40 shall be on the record of the hearing below and not by de novo jury trial; to amend Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, so as to provide exceptions to the right of appeal to superior court; to amend Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage assistance payments, so as to provide exceptions to the right of de novo jury appeals to superior court; to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to provide for appeals from decisions of the probate courts; to provide 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 . Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety Code Section 5-3-2, relating to the right of appeal from probate courts, and inserting in its place a new Code Section 5-3-2 to read as follows: 5-3-2. (a) An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator. (b) Notwithstanding subsection (a) of this Code section, no appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15. Section 2 . Said title is further amended by striking in its entirety Code Section 5-3-29, relating to de novo investigations

Page 984

on appeal, and inserting in its place a new Code Section 5-3-29 to read as follows: 5-3-29. An appeal to the superior court in any case where not otherwise provided by law is a de novo investigation. It brings up the whole record from the court below; and all competent evidence shall be admissible on the trial thereof, whether adduced on a former trial or not. Either party is entitled to be heard on the whole merits of the case. Section 3 . Said title is further amended by striking in its entirety Code Section 5-4-1, relating to when certiorari shall lie, and inserting in its place a new Code Section 5-4-1 to read as follows: 5-4-1. (a) The writ of certiorari shall lie for the correction of errors committed by any inferior judicatory or any person exercising judicial powers, including the judge of the probate court, except in cases touching the probate of wills, granting letters testamentary, and of administration. (b) Notwithstanding subsection (a) of this Code section, the writ of certiorari shall not lie in civil cases in the probate courts which are provided for by Article 6 of Chapter 9 of Title 15. Section 4 . Said title is further amended by striking in its entirety Code Section 5-5-1, relating to the power of certain courts to grant new trials, and inserting in its place a new Code Section 5-5-1 to read as follows: 5-5-1. (a) The superior, state, and city courts shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts. (b) Probate courts shall have power to correct errors and grant new trials in civil cases provided for by Article 6 of Chapter 9 of Title 15 under such rules and procedures as apply to the superior courts.

Page 985

Section 5 . Said title is further amended by designating the existing language of subsection (a) of Code Section 5-6-33, relating to the right of appeal generally, as paragraph (1) and by adding a new paragraph, to be designated paragraph (2), so that when so amended, subsection (a) shall read as follows: (a) (1) Either party in any civil case and the defendant in any criminal proceeding in the superior, state, or city courts, may appeal from any sentence, judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers. (2) Either party in any civil case in the probate courts provided for by Article 6 of Chapter 9 of Title 15 may appeal from any judgment, decision, or decree of the court, or of the judge thereof in any matter heard at chambers. Section 6 . Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows: ARTICLE 6 15-9-120. As used in this article, the term: (1) `Civil case' means those civil matters: (A) Over which the judge of the probate court exercises judicial powers; (B) Within the original, exclusive, or general subject matter jurisdiction of the probate court; and (C) Which, if not for this article and Code Section 5-6-33, could be appealed to superior court for a de novo investigation with the right to a jury trial under Code Sections 5-3-2 and 5-3-29. (2) `Probate court' means a probate court of a county having a population of more than 150,000 persons according to the United States decennial census of 1980 or any

Page 986

future such census in which the judge thereof has been admitted to the practice of law for at least seven years. 15-9-121. (a) A party to a civil case in the probate court shall have the right to a jury trial if such right is asserted by a written demand for jury trial with the first pleading of the party. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted. (b) Notwithstanding other laws, for any civil case in which a jury trial is demanded, the determination of issues of fact shall not be made by the probate judge but shall be for the jury as in cases in the superior courts. (c) If the civil case could not be appealed to a jury in superior court from a probate court not meeting the definition provided in paragraph (2) of Code Section 15-9-120, the right to a jury trial shall not be available in a probate court which meets such definition. 15-9-122. Unless provided to the contrary by Code Section 9-11-81, the general laws and rules of practice, pleading, procedure, and evidence which are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts. 15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals, as provided by Chapter 6 of Title 5. (b) The general laws and rules of appellate practice and procedure which are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts. 15-9-124. The general laws and rules applicable to the execution and enforcement of judgments in the superior courts of this state shall be applicable to and govern civil cases in the probate courts. 15-9-125. All laws with reference to the number, composition, qualifications, impaneling, challenging, and

Page 987

compensation of jurors in superior courts shall apply to and be observed by the probate courts in civil cases. 15-9-126. For services rendered in jury trials and in appeals to the Supreme Court or Court of Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge of the probate court shall be entitled to the same fee as that of the clerk of the superior court provided in Code Section 15-6-77 for similar services in superior court. Section 7 . Code Section 19-3-40 of the Official Code of Georgia Annotated, relating to premarital blood tests, is amended by striking in its entirety subsection (f) and inserting in its place a new subsection (f) to read as follows: (f) Except as provided in Article 6 of Chapter 9 of Title 15, when an applicant has been refused a license to marry by reason of paragraph (1) of subsection (b) of this Code section, the applicant shall have the right to appeal to the superior court in the county wherein the applicant resides within 60 days after the refusal. The superior court judge is empowered to hear an applicant's appeal in a summary way at any place in his judicial circuit without the intervention of a jury. The aggrieved party shall submit to the court the laboratory examination reports that are material to the hearing of the appeal. If, after hearing expert medical testimony, in the opinion of the court the applicant is free of syphilis or is not in a stage of the disease which may become communicable, the court shall order the licensing authority to issue a license to the person to marry, provided all other requirements of the law regulating the issuance of marriage licenses are complied with. A certified copy of the court's order shall be filed with the licensing authority issuing the license to marry and shall be accepted in lieu of any and all other certificates required under this Code section. Section 8 . Code Section 24-8-21 of the Official Code of Georgia Annotated, relating to the summary establishment of lost papers in the probate court, is amended by striking in its entirety subsection (e) and inserting in its place a new subsection (e) to read as follows: (e) Except as provided in Article 6 of Chapter 9 of Title 15, if either party to the proceedings provided for in this

Page 988

Code section is dissatisfied, he may appeal upon giving the usual bond and security for costs, as in cases of appeal from the probate court to the superior court. The appeal shall be tried in the superior court from all the pleadings and proceedings as were before the judge of the probate court. In the superior court the case shall be tried and determined as provided in Code Sections 24-8-24 through 24-8-27. Section 9 . Code Section 29-5-11 of the Official Code of Georgia Annotated, relating to appeals from certain guardianship orders, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by his attorney, his representatives, or his guardian ad litem, or the petitioner may appeal from any final order of the probate court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain his right to counsel or to have counsel appointed for him. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. Section 10 . Code Section 31-20-3 of the Official Code of Georgia Annotated, relating to sterilization of mentally incompetent persons, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in its place a new paragraph (6) to read as follows: (6) Except as provided in Article 6 of Chapter 9 of Title 15, an appeal to the superior court may be had by the applicant or person alleged to be subject to this Code section or by any other interested party on such judgment in the probate court as provided in other cases by the laws of this state. The proceedings before the superior court shall constitute a trial de novo and upon application of either party shall be heard before a jury. If the person alleged to be subject to this Code section requests that the trial be closed to the public, the judge shall close the trial to the

Page 989

public unless an overriding or compelling reason can be shown as to why such trial should not be closed to the public. The ruling by the judge whether to open the trial to the public or not shall be in writing. Any decision of the superior court in such cases may be appealed to the higher courts of this state as in other civil cases. The cost of appeal, if any, to the superior and higher courts shall be taxed as in other civil cases. The pendency of any appeal shall stay the proceedings in the probate court until the appeal is finally determined. Affidavits in forma pauperis regarding court costs and costs of appeal may be filed as in other cases made and provided by the laws of this state; and. Section 11 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking in its entirety Code Section 37-3-150, relating to the rights of mentally ill patients to appeal orders, and inserting in its place a new Code Section 37-3-150 to read as follows: 37-3-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court.

Page 990

Section 12 . Said title is further amended by striking in its entirety Code Section 37-4-110, relating to the rights of certain mentally retarded persons to appeal orders, and inserting in its place a new Code Section 37-4-110 to read as follows: 37-4-110. The client, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The client must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The client shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court as provided by law. The client shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court. Section 13 . Said title is further amended by striking in its entirety Code Section 37-7-150, relating to the rights of alcoholic or drug abusing patients to appeal orders, and inserting in its place a new Code Section 37-7-150 to read as follows: 37-7-150. The patient, his representatives, or his attorney may appeal any order of the probate court or hearing officer rendered in a proceeding under this chapter to the superior court of the county in which the proceeding was held, except as otherwise provided in Article 6 of Chapter 9 of Title 15, and may appeal any order of the juvenile court rendered in a proceeding under this chapter to the Court of Appeals and the Supreme Court. The appeal to the superior court shall be made in the same manner as appeals from the probate court to the superior court, except that

Page 991

the appeal shall be heard before the court sitting without a jury as soon as practicable but not later than 30 days following the date on which the appeal is filed with the clerk of the superior court. The appeal from the order of the juvenile court to the Court of Appeals and the Supreme Court shall be as provided by law but shall be heard as expeditiously as possible. The patient must pay all costs upon filing any appeal authorized under this Code section or must make an affidavit that he is unable to pay costs. The patient shall retain all rights of review of any order of the superior court, the Court of Appeals, and the Supreme Court, as provided by law. The patient shall have a right to counsel or, if unable to afford counsel, shall have counsel appointed for him by the court. Section 14 . Said title is further amended by striking in its entirety subsection (j) of Code Section 37-8-34, relating to the involuntary commitment of alcoholics, and inserting in its place a new subsection (j) to read as follows: (j) The court shall inform the person whose commitment or recommitment is sought of his right to contest the application, appeal, be represented by counsel at every stage of any proceedings relating to his commitment and recommitment, and have counsel appointed by the court or provided by the court if he wants the assistance of counsel and is unable to obtain counsel. If the court believes that the person needs the assistance of counsel, the court shall require counsel for him, by appointment if necessary, regardless of his wishes. The person whose commitment or recommitment is sought shall be informed of his right to be examined by a licensed physician of his choice. If the person is unable to obtain a licensed physician and requests examination by a physician, the court shall employ a licensed physician. Section 15 . Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals in cases involving certain motor vehicle and traffic offenses, is amended by striking Code Section 40-13-28, relating to appeal to the superior courts, in its entirety and inserting in lieu thereof a new Code Section 40-13-28, to read as follows: 40-13-28. Any defendant convicted under this article shall have the right of appeal to the superior court. The

Page 992

provisions of Code Sections 5-3-29 and 5-3-30 shall not apply to appeals under this Code section. Otherwise, the appeal shall be entered as appeals are entered from the probate court to the superior court, provided that the defendant shall be entitled to bail and shall be released from custody upon giving the bond as is provided for appearances in criminal cases in the courts of this state. Such bond shall have the same conditions as appearance bonds in criminal cases. The appeal to the superior court shall not be a de novo investigation before a jury but shall be on the record of the hearing as certified by the judge of that court who presided at the hearing below. Section 16 . Code Section 44-9-59 of the Official Code of Georgia Annotated, relating to procedures for the removal of obstructions to a private way, is amended by striking in its entirety subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, either party who is dissatisfied with the judgment of the judge of the probate court pursuant to subsection (a) of this Code section may appeal to the superior court as a matter of right. Section 17 . Article 8 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to personal representatives to manage assistance payments, is amended by striking in its entirety Code Section 49-4-172, relating to appeals from orders appointing or removing personal representatives, and inserting in its place a new Code Section 49-4-172 to read as follows: 49-4-172. Except as otherwise provided in Article 6 of Chapter 9 of Title 15, from the order of the court appointing or removing such personal representative, an appeal may be had to the judge of the superior court, who shall hear the matter de novo without a jury. Section 18 . 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 subsection (a) of Code Section 53-3-22, relating to the approval of certain settlement agreements, and inserting in its place a new subsection (a) to read as follows:

Page 993

(a) Except as otherwise provided in Article 6 of Chapter 9 of Title 15, any judge of the superior courts, on appeal, on the issue of devisavit vel non (will or no will) may approve a settlement agreement between all parties, under which probate is granted or denied, providing for a disposition of property contrary to the terms of a will. Any settlement agreement which provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will must be approved by a judge of the superior courts after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the judge finds as a matter of fact that the caveat is meritorious. Section 19 . Said title is further amended by striking in its entirety Code Section 53-3-23, relating to rights of executors to recover expenses if a will is refused probate, and inserting in its place a new Code Section 53-3-23 to read as follows: 53-3-23. Those who are named as executors in purported wills of decedents shall be entitled to recover expenses from the estate of the decedent, including reasonable attorney's fees if the services of an attorney are employed for offering wills for probate in solemn or common form, even if the will is subsequently determined not to be the valid will of the testator. However, such person shall not be entitled to recover from the estate the expenses and attorney's fees incurred in the effort to sustain the will in the event of a contest unless the person proceeds in good faith. The probate court shall determine, upon the petition of a person named as executor, the amount of expenses and the amount to be paid the attorney so employed, and its order shall be subject to appeal as is provided in other cases. Section 20 . Said title is further amended by striking in its entirety subsection (d) of Code Section 53-5-21, relating to applications for approval of conveyances or encumbrances, and inserting in its place a new subsection (d) to read as follows: (d) An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the judge of the probate court in other cases.

Page 994

Section 21 . Said title is further amended by striking in its entirety subsection (b) of Code Section 53-7-97, relating to procedures in certain actions to compel the making of title, and inserting in its place a new subsection (b) to read as follows: (b) When objections in writing are filed in the office of the judge of the probate court, it shall be the duty of the judge to hear evidence as to whether or not the conditions of the bond or contract for the sale of land have been complied with by the payment of the purchase money and to grant an order requiring the title to be made or not, as he may think the principles of justice may require. Either party, if dissatisfied with the decision, may appeal upon the same terms as appeals are granted in other cases. Section 22 . Said title is further amended by striking in its entirety Code Section 53-7-187, relating to objections and appeals in intermediate final reports, and inserting in its place a new Code Section 53-7-187 to read as follows: 53-7-187. At or before the time fixed for hearing, any parties at interest may file objections to the fiduciary's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court, with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been regularly served as provided in subsection (c) of Code Section 53-7-184 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court. Section 23 . Said title is further amended by striking in its entirety Code Section 53-8-42, relating to appeals from orders regarding private conveyances of rights of way and easements, and inserting in its place a new Code Section 53-8-42 to read as follows:

Page 995

53-8-42. An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. Section 24 . Said title is further amended by striking in its entirety Code Section 53-9-26, relating to the final return of conservators on the reappearance of a missing person, and inserting in its place a new Code Section 53-9-26 to read as follows: 53-9-26. If, at any time before the missing person has been declared legally dead by a competent court in a proceeding brought for that purpose, the missing person reappears, the conservator shall thereupon and within 60 days after demand by the missing person make a final return to the judge of the probate court. Upon approval of the final return by the judge, he shall pay over and deliver all of the funds and property in his hands to the missing person. The missing person, as well as the conservator, shall have the right to appeal from any decision of the judge of the probate court approving or disapproving the final return in the manner provided by law. Section 25 . This Act shall become effective July 1, 1986, and shall apply to all cases filed on or after such date. Section 26 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 996

PUBLIC OFFICERS AND EMPLOYEESVACANCIES IN OFFICE; ELECTIONS; CALLS; NOTICES; RESIGNATIONS OF MEMBERS OF CONGRESS AND ALL STATE, COUNTY, AND MUNICIPAL OFFICERS. Code Sections 45-5-1 and 45-5-5 Amended. Code Section 20-2-54 Repealed. No. 1531 (House Bill No. 1501). AN ACT To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, so as to provide that upon the occurrence of a vacancy in any office in this state, the officer or body authorized to fill the vacancy or call an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy; to require notice of such action in certain cases; to provide for procedures for the resignations of senators and representatives of the State of Georgia in the United States Congress and all state, county, and municipal officers; to provide for the specific repeal of certain provisions relating to the resignation of a member of a county board of education or a county school superintendent; 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 45 of the Official Code of Georgia Annotated, relating to vacancies in public offices, is amended by striking Code Section 45-5-1, relating to vacation of office, and inserting in its place a new Code section to read as follows: 45-5-1. (a) All offices in the state shall be vacated: (1) By the death of the incumbent; (2) By resignation, when accepted; (3) By decision of a competent tribunal declaring the office vacant;

Page 997

(4) By voluntary act or misfortune of the incumbent whereby he is placed in any of the specified conditions of ineligibility to office; (5) By the incumbent ceasing to be a resident of the state or of the county, circuit, or district for which he was elected; (6) By failing to apply for and obtain commissions or certificates or by failing to qualify or give bond, or both, within the time prescribed by the laws and Constitution of Georgia; or (7) By abandoning the office or ceasing to perform its duties, or both. (b) Upon the occurrence of a vacancy in any office in the state, the officer or body authorized to fill the vacancy or call for an election to fill the vacancy shall do so without the necessity of a judicial determination of the occurrence of the vacancy. Before doing so, however, the officer or body shall give at least ten days' notice to the person whose office has become vacant, except that such notice shall not be required in the case of a vacancy caused by death, final conviction of a felony, or written resignation. The decision of the officer or body to fill the vacancy or call an election to fill the vacancy shall be subject to an appeal to the superior court; and nothing in this subsection shall affect any right of any person to seek a judicial determination of the eligibility of any person holding office in the state. The provisions of this subsection shall apply both to vacancies occurring under this Code section and to vacancies occurring under other laws of this state. Section 2 . Said chapter is further amended by striking Code Section 45-5-5, relating to when resignations are to be made to the Governor, which reads as follows: 45-5-5. The resignations of Georgia's senators and representatives in the United States Congress, members of the General Assembly, and of all officers whose commissions are issued from the office of Secretary of State or the office of the Governor and whose places may be filled by executive appointment shall be made to the Governor.,

Page 998

and inserting in its place a new Code Section 45-5-5 to read as follows: 45-5-5. (a) The resignations of all state and county officers and senators and representatives of the State of Georgia in the United States Congress shall be made to the Governor. If the resignation is from an office which may not be filled by executive appointment of the Governor, the Governor shall, upon receiving the resignation, promptly notify the appropriate official of the state or county to fill the vacancy or to initiate the process for filling the vacancy according to law. (b) The resignations of municipal officers shall be made to the governing authority of the municipality who shall fill the vacancies in accordance with law. Section 3 . Code Section 20-2-54 of the Official Code of Georgia Annotated, relating to the resignation of a member of a county board of education or a county school superintendent, which reads as follows: 20-2-54. When any member of a county board of education or a county school superintendent resigns, his resignation shall be tendered in writing to the county board of education., is repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 999

RETIREMENT AND PENSIONSCOMPTROLLER GENERAL; REFERENCES CHANGED TO COMMISSIONER OF INSURANCE. Code Sections 47-2-201 and 47-19-1 Amended. No. 1532 (House Bill No. 1508). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change all references to the Comptroller General contained in Title 47 to Commissioner of Insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-2-201, relating to the membership of certain state officials in the Employees' Retirement System of Georgia, and inserting in lieu thereof a new Code Section 47-2-201 to read as follows: 47-2-201. The provisions of this or any other law to the contrary notwithstanding, any person who becomes State Treasurer, State School Superintendent, Commissioner of Insurance, Secretary of State, Attorney General, Commissioner of Labor, Commissioner of Agriculture, or Public Service Commissioner after April 1, 1964, shall become a member of the retirement system and shall not be eligible for the corresponding emeritus position, provided that any person holding any of these offices on April 1, 1964, shall not be prohibited from appointment to the corresponding emeritus position. Section 2 . Said title is further amended by striking Code Section 47-19-1, relating to the creation of the State Employees' Assurance Department, and inserting in lieu thereof a new Code Section 47-19-1 to read as follows:

Page 1000

47-19-1. There is created a department of the state government to be known as the State Employees' Assurance Department. The department shall be managed by a board of directors consisting of the Commissioner of Insurance, the Commissioner of Labor, the state auditor, the commissioner of personnel administration, and two members to be appointed by the Governor. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CHILD CUSTODYVISITATION RIGHTS OF THE NONCUSTODIAL PARENT. Code Sections 19-9-1 and 19-9-3 Amended. No. 1533 (House Bill No. 1551). AN ACT To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that certain provisions of law shall not be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases; 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:

Page 1001

Section 1 . Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, is amended by striking subsection (a) of Code Section 19-9-1, relating to determination of custody and visitation, and inserting in its place a new subsection (a) to read as follows: (a) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. In all such cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriate. Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases. Section 2 . Said article is further amended by striking subsection (a) of Code Section 19-9-3, relating to determination of custody and visitation, and inserting in its place a new subsection to read as follows: (a) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father. The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions,

Page 1002

in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their welfare and happiness and to make its award accordingly. In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. Nothing in this Code section shall be interpreted to deny the noncustodial parent the right to reasonable visitation determined by the court as in other cases. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986. CLERKS OF SUPERIOR COURTSFEES AND COSTS. Code Titles 9, 11, 15, 40, and 44 Amended. No. 1534 (House Bill No. 1644). AN ACT To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to change certain fees and costs in certain civil and criminal actions and proceedings; to provide for the payment of these costs; to provide for the hours of operation of the office of clerk of the superior court;

Page 1003

to amend Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, so as to change certain references to certain fees; to amend Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, so as to change certain references to certain fees; to amend Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, so as to provide that the clerks of any court forwarding a record of a conviction shall retain as additional compensation any fee paid by the state for such report; to amend Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, so as to change certain references to certain fees; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking subsection (b) of Code Section 15-6-77, relating to fees in superior court, which reads as follows: (b) Fees in civil cases: (1) Before filing any civil case of proceeding, in accordance with Code Section 9-15-4, deposit of $ 20.00 The deposit required by this paragraph shall be the total deposit collectable by the clerk for filing any civil case or proceeding. Such deposit shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such deposit and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this paragraph shall be deemed to require such deposit of the state, its agencies, or political subdivisions. (2) Filing and docketing actions, complaints, or motion 4.00 (3) Copying and issuing process or summons 4.00 (4) Each copy after first copy 2.00 (5) Entering verdict or judgment on dockets 2.00 (6) Filing all pleadings and instruments subsequent to any complaint in any case, each 1.00 (7) Writ of partition of land and recording proceedings in case 10.00 (8) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each 1.00 All bonds over 500, each .50 (9) Issuing certificate of adoption under seal of the court pursuant to Code Section 19-8-15 2.00 (10) Recording proceedings in all cases of habeas corpus, per page 1.50 (11) For performing the duties required of them in all cases of trover, regardless of the amount involved in such actions, the clerks shall receive the same fees as in other civil cases. (12) In addition to all other legal costs charged and collected in each civil action, case, or proceeding, in accordance with subsection (a) of Code Section 47-14-51, the sum of 1.00, and inserting in lieu thereof a new subsection (b) to read as follows:

Page 1005

(b) Fees in civil cases: (1) (A) As used in this paragraph, the term `domestic civil cases' means divorce cases, alimony cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases. (B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant. (2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services rendered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant. (3) Nothing contained in this subsection shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in Code Section 15-6-77 or this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party. (4) The sums specified in this subsection shall be collected by the clerk at the time of filing of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions.

Page 1006

(5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be: (A) Filing and docketing actions, complaints, or motions $ 4.00 (B) Copying and issuing process or summons 4.00 (C) Each copy after first copy 2.00 (D) Entering verdict or judgment on dockets 2.00 (E) Filing all subsequent pleadings and instruments 1.00 (F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each 1.00 All bonds over 500, each .50 (G) Recording on final record, per page 1.50 Section 2 . Said chapter is further amended by striking subsections (c) through (f) of Code Section 15-6-77, relating to fees in superior court, and inserting in lieu thereof new subsections (c) through (f) to read as follows: (c) Fees for filing and recording documents, instruments, etc., pertaining to property: (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, first page $ 4.50 Each page, after the first 2.00 (2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each 2.50 (3) Recording maps or plats 5.00 The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51. (4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished by the secured part 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 1.00 No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405. (5) Filing and indexing release of collateral, as provided in Code Section 11-9-406, filing and indexing an assignment of security interest, as provided in Code Section 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page 5.00 Each page, after the first 1.00 (6) Providing copy of any document filed under Article 9 of Title 11, per page 1.00 (7) Entering cross-reference in real property index, per entry 1.00 (8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal property liens 2.00 (d) Miscellaneous fees: (1) Recording any instrument or writing, fee not otherwise specified, first page $ 4.50 Each page, after the first 2.00 (2) Certification or exemplification of record, per page .50 (3) Clerk's certificate 1.00 (4) Court's seal 1.00 (5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 8.00 (6) Registering and filing trade names pursuant to Code Section 10-1-490 5.00 (7) The clerk shall not charge a fee for recording discharge certificates of veterans, as provided in Code Section 15-6-78. (8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574: (A) Tax lien on real or personal property 2.00 (B) Certificate of discharge or subordination 2.00 (C) All other notices, including a certificate of release or nonattachment 2.00 (9) Filing written information of gas companies in accordance with Code Section 25-9-4, a fee per page of 1.00 (10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40 1.00 (11) No fee shall be charged for the issuance of license to practice law. (12) Filing incorporation proceedings: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Chapter 2 of Title 14, the `Georgia Business Corporation Code,' and by Code Section 46-5-100 20.00 (13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511 .25 (14) Filing hospital lien, each page 2.00 (15) Filing lis pendens, each page 2.00 (e) Fees in quasi-civil and criminal cases: (1) Issuing writ of fieri facias 3.00 (2) Entering writ of fieri facias or other execution on general execution docket 2.00 This fee shall be charged for each such entry on the general execution docket. Without limiting the generality of the foregoing, it is specifically provided that this fee shall be charged for entry on the general execution docket of executions issued by magistrate courts; and this paragraph shall control over any other provision of law, including without limitation any other provision of law enacted at the 1986 session of the General Assembly. (3) Issuing subpoena or summons to witness. 1.00 (4) Furnishing and certifying any process, order, etc., for publication 2.00 (5) Providing uncertified photocopies of documents in clerk's office, per page .25 (6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page 1.50 Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such transcript, a fee of 5.00 (7) Entering remittitur from Supreme Court or Court of Appeals 1.00 (8) Issuing jury script or check, each .30 (9) For each day of service in attendance upon the courts 50.00 The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensation. (10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases. (11) For performing the duties required of them by Article 1 of Chapter 9 of Title 14, the `Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases. (f) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record $ 3.00 (2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement 10.00 (3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi 5.00 (4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 1.00 (5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12 1.00 (6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 5.00 (7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page 1.50 Subsequent copies, per page .50 (8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-6-43, per page 1.50 Clerk's certificate 1.00 The clerk shall not receive compensation for the transcript of evidence and proceedings. Section 3 . Said chapter is further amended by adding at the end thereof a new Code Section 15-6-93 to read as follows: 15-6-93. (a) Except as provided in this Code section, the office of each clerk of the superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours. (b) Any office of a clerk of a superior court which is open for operation on Saturday may close on one day Monday

Page 1013

through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of a clerk of a superior court to be open on any public and legal holiday or day of rest which is recognized and designated as such by Georgia law or by the governing authority of the county. (c) This Code section shall only apply to the office of a clerk of a superior court if there is employed in that office at least one employee other than the clerk. Section 4 . Code Section 9-15-4 of the Official Code of Georgia Annotated, relating to deposits prior to filing, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of his indigence to pay the fee and the party files with the clerk an affidavit to such effect. Section 5 . Chapter 9 of Title 11 of the Official Code of Georgia Annotated, relating to secured transactions, is amended by striking paragraph (5) of Code Section 11-9-403, relating to filing, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement shall be as required by Article 2 of Chapter 6 of Title 15. Section 6 . Said chapter is further amended by striking Code Section 11-9-405, relating to assignments, and inserting in lieu thereof a new Code Section 11-9-405 to read as follows: 11-9-405. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by

Page 1014

an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section 11-9-403(4). The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Article 2 of Chapter 6 of Title 15. (2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement, and in the case of a fixture filing, or a filing covering crops growing or to be grown, or covering minerals, or the like (including oil and gas or accounts subject to subsection (5) of Code Section 11-9-103), he shall index the assignment under the name of the assignor as grantor in the real estate records. The uniform fee for filing, indexing, and stamping a copy of such a separate statement of assignment shall be as required by Article 2 of Chapter 6 of Title 15. (3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record. Section 7 . Said chapter is further amended by striking Code Section 11-9-406, relating to release of collateral, and inserting in lieu thereof a new Code Section 11-9-406 to read as follows: 11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is

Page 1015

sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The uniform fee for filing and noting such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15. Section 8 . Said chapter is further amended by striking paragraph (1) of Code Section 11-9-407, relating to information for filing, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Upon request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee as required by Article 2 of Chapter 6 of Title 15, provided that the person requesting such copy shall furnish to the filing officer the file number of the statement requested. Section 9 . Code Section 40-5-53 of the Official Code of Georgia Annotated, relating to the courts' responsibility for forwarding traffic convictions, is amended by striking subsection (b) thereof and inserting in lieu thereof a new subsection (b) to read as follows: (b) Every court having jurisdiction over offenses committed under this chapter or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. The department shall pay to the clerk of the court forwarding

Page 1016

the report 25 for each report forwarded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25 fee as additional compensation. Section 10 . Code Section 44-14-142 of the Official Code of Georgia Annotated, relating to recording affidavits, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 44-14-142 to read as follows: 44-14-142. The clerk of the superior court shall file the affidavit required by Code Section 44-14-141, reindex the instrument mentioned in the affidavit, and enter on the margin of the record of the instrument a reference to the filing of the affidavit, which shall state the date of the filing of the affidavit and the amount unpaid on the obligation secured by the instrument, for which services the clerks shall be entitled to a fee as required by Article 2 of Chapter 6 of Title 15. Section 11 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 3, 1986.

Page 1017

JUVENILE COURTSTERMINATION OF PARENTAL RIGHTS. Code Title 15, Chapter 11 Amended. No. 1535 (House Bill No. 175). 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 a new Article 2, relating to termination of parental rights, and to make certain editorial changes connected therewith; to provide for court orders and the effects thereof; to provide conditions and procedures under which parental rights may be terminated; to provide for petitions and summons regarding termination of parental rights and the procedures connected therewith; to provide for rights of fathers of children born out of wedlock; to provide for sanctions for failure to be served or failure to obey summons; to provide for appointment of counsel and guardians ad litem and the expenses thereof; to provide for a standard of proof; to provide for physical or mental evaluations; to provide for confidentiality; to provide for hearings; to provide for custody of certain children following termination proceedings; to provide for certain conflicts; 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 designating that part of the existing Chapter 11, beginning with Code Section 15-11-1, as Article 1, and by striking chapter, wherever it appears in that newly designated article, except where it appears in Code Section 15-11-1 and in the introductory phrase to Code Section 15-11-2, and inserting in its place article. Section 2 . Said chapter is further amended by striking from the newly designated Article 1 thereof subsection (a) of Code Section 15-11-41, relating to duration of orders of the juvenile court, which reads as follows:

Page 1018

(a) An order terminating parental rights is without limit as to duration., and inserting in its place a new subsection (a) to read as follows: (a) Reserved. Section 3 . Said chapter is further amended by striking from newly designated Article 1 thereof Code Sections 15-11-51 through 15-11-54, which read as follows: 15-11-51. (a) The court by order may terminate the parental rights of a parent with respect to his child if: (1) The parent has abandoned the child; (2) The child is a deprived child and the court finds that the conditions and causes of the deprivation are likely to continue or will not be remedied and that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm; (3) The written consent of the parent acknowledged before the court has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, 19-8-6, and 19-8-7; or (4) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer. (b) If the court does not make an order of termination of parental rights it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child. 15-11-52. (a) The petition shall comply with Code Section 15-11-25 and shall state clearly that an order for termination

Page 1019

of parental rights is requested and that the effect thereof will be as stated in the first sentence of Code Section 15-11-53. (b) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this chapter. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. In either event nothing in this Code section shall be construed to preclude the father's petitioning for custody of the child. At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceeding to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. 15-11-53. An order terminating the parental rights of a parent terminates all his rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another nor has he any right to object to the adoption or otherwise to participate in the proceedings. 15-11-54. (a) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall commit the child to the custody of the Department of Human Resources or a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or to take other suitable measures for the care and welfare of the child. (b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed

Page 1020

forces of the United States, and surgical and other medical treatment for the child. (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 sub-section applies to all children who, on or after July 1, 1984, are in the permanent custody of the Department of Human Resources., and inserting in their place new Code Sections 15-11-51 through 15-11-54 to read as follows: 15-11-51. Reserved. 15-11-52. Reserved. 15-11-53. Reserved. 15-11-54. Reserved. Section 4 . Said chapter is further amended by adding at the end thereof a new Article 2 to read as follows: ARTICLE 2 15-11-80. An order terminating the parental rights of a parent under this article is without limit as to duration and terminates all the parent's rights and obligations with respect to the child and all rights and obligations of the child to the parent arising from the parental relationship, including rights of inheritance. The parent is not thereafter entitled to notice of proceedings for the adoption of the child by another, nor has the parent any right to object to the adoption or otherwise to participate in the proceedings. 15-11-81. (a) In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such

Page 1021

parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. (b) Except as provided in paragraphs (4) and (5) of subsection (d) of Code Section 15-11-83, the court by order may terminate the parental rights of a parent with respect to the parent's child if: (1) The written consent of the parent, acknowledged before the court, has been given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by Code Sections 19-8-3, 19-8-4, and 19-8-7; (2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfully failed to comply with the order for a period of 12 months or longer; (3) The parent has abandoned the child or the child was left under circumstances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding of the child; or (4) (A) The court determines parental misconduct or inability by finding that: (i) The child is a deprived child, as such term is defined in Code Section 15-11-2; (ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and

Page 1022

(iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. (B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: (i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; (ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) Egregious conduct toward the child of a physically, emotionally, or sexually cruel or abusive nature; (v) Physical, mental, or emotional neglect of the child; and (vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of

Page 1023

the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To communicate or to make a bona fide attempt to communicate with the child; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents. (c) If the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-34 if the court finds from clear and convincing evidence that the child is a deprived child. 15-11-82. (a) The petition to terminate parental rights and all subsequent court documents in the proceeding shall be entitled `In the matter of, a child.', except upon appeal, in which event the anonymity of the child shall be preserved by appropriate use of initials. The petition shall be in writing. (b) The petition shall be made, verified, and endorsed by the court as provided in Article 1 of this chapter for a petition alleging deprivation. (c) The petition shall state clearly that an order for termination of parental rights is requested and that the effect thereof will be as stated in Code Section 15-11-80, and shall set forth in ordinary and concise language the facts required by Code Section 15-11-25. 15-11-83. (a) Upon filing of the petition, summons shall be issued forthwith on the child's parents, guardian,

Page 1024

lawful custodian, and on the person presently having physical custody of the child. (b) A copy of the petition shall be attached to the summons in all cases other than service by publication. When served by publication, the notice shall indicate the general nature of the allegations and where a copy of the petition may be obtained by the child's parents, guardian, lawful custodian, and the person presently having physical custody of the child. Such copy shall be available from the court during business hours. A free copy shall be available to the parent or, upon request, shall be mailed to the parent. All summons shall contain a statement to the effect that the hearing is for the purpose of terminating parental rights. (c) The summons shall require the person who has physical custody of the child to appear personally and to bring the child before the court at the time and place stated in the summons. Where, at the court's discretion, it is deemed in the interest of the child that the child need not be brought before the court, the court may so indicate. The summons shall be served at least 30 days before the time set for the hearing, and a copy of the petition shall be served together with the summons and shall be made in the manner provided in Code Section 9-11-4, relating to service in civil practice. (d) (1) If the paternity of a child born out of wedlock has been established in a judicial proceeding to which the father was a party prior to the filing of the petition, the father shall be served with summons as provided by this article. Such father has the right to be heard unless he has relinquished all paternal rights with reference to the child. The putative father of the child whose paternity has not been so established, upon proof of his paternity of the child, may appear in the proceedings and be heard. (2) If the identity and location of a putative father are known or can be ascertained by reasonable efforts, he shall be notified of the proceedings to terminate parental rights by registered or certified mail, return receipt requested, at his last known address. If the court finds from the evidence that reasonable effort has not been

Page 1025

made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed child-placing agency to expend such additional effort, as the court shall specify, in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported. (3) If the identity of the putative father is unknown, the court may require the mother to execute an affidavit regarding the putative father as provided in Code Section 19-8-4 or show cause before the court if she refuses. (4) The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to the child's support, nor made any attempt to legitimate the child, and that he did not provide support for the mother, including medical care, either during her pregnancy or during her hospitalization for the birth of the child. (5) (A) If the court finds from the evidence that the putative father either lived with the child, contributed to the child's support, attempted to legitimate the child, or provided support for the mother, including medical care, during her pregnancy or during her hospitalization for the birth of the child, then the court shall determine from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. (B) If the court finds that the conduct was sufficient to establish a familial bond, then the court shall enter an appropriate order designed to afford the putative father notice of the surrender, consent, or proceeding to terminate. (C) If the court finds that such conduct was not sufficient to establish a familial bond, then the court

Page 1026

shall enter an order terminating the rights of the putative father. (D) At the time of the hearing, upon proof of paternity being shown to the court, the father shall be allowed to petition for custody of the child and the court shall grant same, if such is in the best interest of the child. (6) The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court. 15-11-84. (a) If any person named in and properly served with summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child before the court, then the court may issue a rule nisi against such person, directing the person to appear before the court to show cause why such person should not be held in contempt of court. (b) If the summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child into protective custody. 15-11-85. (a) In any proceeding for terminating parental rights or any rehearing or appeal thereon, the court shall appoint an attorney to represent the child as his counsel and may appoint a separate guardian ad litem or a guardian ad litem who may be the same person as his counsel. (b) If the parent or parents of the child desire to be represented by counsel but are indigent, the court shall appoint an attorney for such parent or parents, which shall be a charge upon the funds of the county upon certification thereof by the court in the same manner as authorized for other expenses under Code Section 15-11-56. 15-11-86. In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence. 15-11-87. The court may require a physical or mental evaluation of any parent, stepparent, guardian, or child involved in a proceeding under this article.

Page 1027

15-11-88. The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent deprivation or termination proceedings involving the same child or deprivation or termination proceedings involving the same respondent under this article. 15-11-89. The court shall conduct hearings, where appropriate, in accordance with Code Section 15-11-29. 15-11-90. (a) (1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. (2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child. (b) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (c) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order,

Page 1028

the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. 15-11-91. In a proceeding under this article, the provisions of Article 1 of this chapter shall apply unless in conflict with this article. 15-11-92. Nothing in this article shall be construed as affecting the rights of a parent other than the parent who is the subject of the proceedings. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. ELECTIONSVOTER REGISTRATION; RESIDENCE OF VOTERS; COLLEGE STUDENTS; FACTORS TO BE CONSIDERED BY REGISTRARS. Code Section 21-2-241 Amended. No. 1536 (House Bill No. 1074). AN ACT To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, so as to provide certain conditions under which no person shall be deemed to have gained or lost a residence by reason of such person's presence or absence; to provide for consideration by the registrars of an applicant's expressed intent and any relevant circumstances determining the applicant's residence; to

Page 1029

provide for certain factors which the registrars may consider; to provide that the decision of the registrars shall be presumptive evidence of a person's residence for voting purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to the registration of voters, is amended by striking Code Section 21-2-241, relating to rules for determining residence, and inserting in lieu thereof a new Code Section 21-2-241 to read as follows: 21-2-241. (a) In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable: (1) The residence of any person shall be held to be in that place in which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he intends to return; (2) A person shall not be considered to have lost his residence who leaves his home and goes into another state, or county in this state, for temporary purposes only, with the intention of returning, unless said person shall register to vote or perform other acts indicating a desire to change his citizenship and residence; (3) A person shall not be considered to have gained a residence in any county of this state into which he has come for temporary purposes only without the intention of making such county his permanent place of abode; (4) If a person removes to another state with the intention of making it his residence, he shall be considered to have lost his residence in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state his place of residence, he shall be considered to have lost his residence in this state, notwithstanding

Page 1030

that he may intend to return at some indefinite future period; (6) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (7) No person shall be deemed to have gained or lost a residence by reason of such person's presence or absence while enrolled as a student at any college, university, or other institution of learning in this state; (8) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (9) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (10) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, he shall not be considered to have lost his residence in this state during the period of such service; and the place where the person resided at the time of his removal shall be considered and held to be his place of residence; (11) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, he shall not be considered to have gained a residence for voting purposes in the county in which the institution to which he is committed is located; and (12) If a person goes into another state and while there exercises the right of a citizen by voting, he shall be considered to have lost his residence in this state. (b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant's expressed intent, any relevant circumstances determining the applicant's residence.

Page 1031

The registrars taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. DRUGSCONDITIONS FOR PRESCRIBING, COMPOUNDING, OR DISPENSING DANGEROUS DRUGS AND CONTROLLED SUBSTANCES. Code Sections 16-3-41, 26-4-4, 26-4-85, and 26-4-116 Amended. No. 1537 (House Bill No. 1159). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide for conditions for the dispensing of such substances; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide the conditions under which certain practitioners of the healing arts may prescribe, compound, or dispense dangerous drugs and controlled substances and provide for rules and regulations relating thereto; to provide conditions under which certain assistants

Page 1032

may perform certain typing and measuring functions; to change 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 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking subsection (g) of Code Section 16-13-41, relating to prescriptions, and inserting in its place a new subsection to read as follows: (g) No person shall fill or dispense a prescription for a controlled substance except a person who is licensed by this state as a pharmacist or a pharmacy intern acting under the immediate and direct personal supervision of a licensed pharmacist in a pharmacy licensed by the State Board of Pharmacy, provided that this subsection shall not prohibit a registered physician, dentist, veterinarian, or podiatrist authorized by this state to dispense controlled substances as provided in this article if such registered person complies with all record-keeping, labeling, packaging, and storage requirements regarding such controlled substances and imposed upon pharmacists and pharmacies in this chapter and in Chapter 4 of Title 26 and complies with the requirements of Code Section 26-4-4. Section 2 . Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking Code Section 26-4-4 in its entirety and inserting in lieu thereof a new Code Section 26-4-4 to read as follows: 26-4-4. (a) For purposes of this Code section, the term: (1) `Drugs' mean drugs as defined in this chapter and controlled substances as defined in Article 2 of Chapter 13 of Title 16. (2) `Practitioner' or `practitioner of the healing arts' means, notwithstanding paragraph (19) of Code Section 26-4-2, a person licensed as a dentist, physician, podiatrist,

Page 1033

or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43. (b) Parts 2, 3, 4, and 6 of Article 2 of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. (c) All practitioners who dispense drugs shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of Title 16. (d) All practitioners who dispense drugs shall make all records required to be kept under subsection (c) of this Code section available for inspection by the Georgia Board of Pharmacy. (e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining board of that practitioner's intention to dispense drugs. That examining board shall notify the Board of Pharmacy regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The examining board's notification shall include the following information: (1) The name and address of the practitioner; (2) The state professional license number of the practitioner; (3) The practitioner's Drug Enforcement Administration license number; and (4) The name and address of the office or facility from which such drugs shall be dispensed and the address

Page 1034

where all records pertaining to such drugs shall be maintained. (f) The Board of Pharmacy shall have the authority to promulgate rules and regulations governing the dispensing of drugs pursuant to this Code section. (g) This Code section shall not apply to practitioners who provide to their patients at no cost manufacturer's samples of drugs. Section 3 . Said chapter is further amended by striking Code Section 26-4-85, relating to prohibited acts, in its entirety and inserting its place a new Code section to read as follows: 26-4-85. (a) For purposes of this Code section, the term `practitioner' or `practitioner of the healing arts' means, notwithstanding paragraph (19) of Code Section 26-4-2, any person licensed as a dentist, physician, podiatrist, or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43. No person shall engage in the dispensing of any medicines, drugs, or poisons unless he is a pharmacist licensed in accordance with this part or a pharmacy intern dispensing such items in accordance with this chapter. (b) No person shall engage in the vending at retail of any medicines, drugs, or poisons unless the same shall be dispensed by a pharmacist licensed in accordance with this part or a pharmacy intern dispensing such items in accordance with this chapter. (c) This Code section shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs or medicines except as provided in Code Section 26-4-4. (d) Nothing in this Code section or Code Section 26-4-105, Code Section 26-4-118, or Code Section 26-4-119 shall prohibit any person from assisting any duly licensed pharmacist or practitioner in the measuring of quantities of medication and the typing of labels therefor, but excluding the dispensing, compounding, or mixing of drugs, provided that such duly licensed pharmacist or practitioner shall be physically

Page 1035

present in the prescription room and actually observing the actions of such person in doing such measuring and typing, and provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. No pharmacist or practitioner shall be assisted by more than one such person at any one time. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 26-4-116, relating to retail vending of medicine, drugs, or poisons, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) This Code section shall not apply to any person licensed as a dentist, physician, podiatrist, or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43 prescribing or compounding their own prescriptions and dispensing drugs or medicines except as provided for in Code Section 26-4-4. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1036

CHILD CUSTODYNOTIFICATION OF THE COURT OF CHANGES IN THE RESIDENCE OF THE CHILD. Code Section 19-9-1 Amended. No. 1538 (House Bill No. 1200). AN ACT To amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide that a court shall retain jurisdiction in all custody cases for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 19-9-1 to read as follows: 19-9-1. (a) In all cases in which a divorce is granted, the party not in default shall be entitled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court. In all such cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period

Page 1037

not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriated. (b) In any case in which a judgment awarding the custody of a minor has been entered, on the motion of any party or on the motion of the court, that portion of the judgment effecting visitation rights between the parties and their minor children may be subject to review and modification or alteration without the necessity of any showing of a change in any material conditions and circumstances of either party or the minor, provided that the review and modification or alteration shall not be had more oftern than once in each two-year period following the date of entry of the judgment. However, this subsection shall not limit or restrict the power of the court to enter a judgment relating to the custody of a minor in any new proceeding based upon a showing of a change in any material conditions or circumstances of a party or the minor. (c) In any case in which a judgment awarding the custody of a minor has been entered, the court entering such judgment shall retain jurisdiction of the case for the purpose of ordering the custodial parent to notify the court of any changes in the residence of the child. (d) In the event of any conflict between this Code section and Article 3 of this chapter, Article 3 shall apply. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1038

CHILD WELFARE AGENCIESLICENSES; RESTRICTIONS; REPORTS; REVOCATION OF LICENSES; PROHIBITED CONDUCT; PENALTIES. Code Section 49-5-12 Amended. Code Section 49-5-12.1 Enacted. No. 1539 (House Bill No. 1225). 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 restriction of child-care licenses under certain conditions; to provide for refusals to issue licenses under certain conditions; to provide for the applicability of the Georgia Administrative Procedure Act to certain actions of the department and provide for certain exceptions; to change who may make certain reports; to change the grounds for revoking certain licenses; to provide that certain conduct shall be unlawful and provide penalties therefor; to provide for the imposition, collection, and payment of civil penalties and the conditions and procedures relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for children and youth, is amended by striking Code Section 49-5-12, relating to licensing and inspection of private and public child welfare agencies and facilities, in its entirety and inserting in its place new Code Sections 49-5-12 and 49-5-12.1 to read as follows: 49-5-12. (a) `Child welfare agency' means any child-caring institution, child-placing agency, maternity home, family boarding home, family day-care home, group day-care home, and day-care center. (b) (1) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed annually

Page 1039

by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. The board shall develop and publish standards for licensing of child welfare agencies. A license issued to a child welfare agency shall be deemed approval of all family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by the licensed agency as a part of its work, subject to this article and rules and regulations of the board. (2) The department shall have the responsibility to review existing day-care regulations to determine which regulations are necessary to safeguard and protect the well-being and general welfare of children and youth, which regulations could more appropriately be issued as guidelines for quality day care, and which regulations unnecessarily restrict the delivery of day-care services. A list of proposed rule changes shall be submitted to the Board of Human Resources no later than November 1, 1982. Copies of the proposed changes shall be submitted to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairmen of the Senate Human Resources Committee and the House Health and Ecology Committee. (3) No later than December 31, 1982, the department shall publish and make available to day-care centers and interested persons a list of guidelines for quality child care. (4) After a family day-care home, group day-care home, or day-care center has been licensed or registered by the department as provided in this article, the facility shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that standards for food service have been incorporated in the regulations for licensing or registering such agencies. (c) The department shall assist applicants or licensees in meeting standards of the department and, if a licensee

Page 1040

is, for any reason, denied renewal of a license or if a license is revoked or if any applicant for a license cannot meet department standards, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (d) Application for a license shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license and upon presentation by the applicant of evidence that the child welfare agency meets the standards prescribed by the department, the department shall issue such child welfare agency a license for a one-year period. (e) If the department finds that any child welfare agency applicant does not meet standards prescribed by the department but is attempting to meet such standards, the department may, in its discretion, issue a temporary license to such child welfare agency, but such temporary license shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed standards of the department, the department may, in its discretion, reissue such temporary license for one additional period not to exceed one year. As an alternative to a temporary license, the department, in its discretion, may issue a restricted license which states the restrictions on its face. (e.1) The department shall refuse a license upon a showing of: (1) Sporadic noncompliance with those rules and regulations which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed facility in contravention of the law; or (3) Prior license denial or revocation within one year of application.

Page 1041

(f) All child welfare agencies shall prominently display the license issued to such agency by the department at some point near the entrance of the premises of such agency that is open to view by the public. (g) The department's action revoking or refusing to renew or issue a license required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except that only 30 days' notice in writing from the commissioner's designee shall be required prior to license revocation and except that hearing held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would detrimental to the physical or mental health of any child who will testify at that hearing. (h) Reserved. (i) Reserved. (j) Reserved. (k) Child-caring institutions and child-placing agencies, when licensed in accordance with this Code section, may receive needy or dependent children from their parents, guardians, custodians, or persons serving in loco parents for special, temporary, or continued care. Parents, guardians, custodians, or persons serving in loco parentis to such children may sign releases or agreements giving to such institutions or agencies custody and control over such children during the period of care. (l) Child-placing agencies, in placing children in foster family homes, shall safeguard the welfare of such children by thoroughly investigating each such home and the character and reputation of the persons residing therein and shall adequately supervise each home during the period of care. All children placed in foster family homes shall, as far as is practicable, be placed with persons of the same religious faith as the children themselves or the children's parents. (m) It shall be the duty of the department to inspect at regular intervals all licensed child welfare agencies within

Page 1042

the state, including all family boarding homes, foster family homes, and family day-care homes used by such agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee. (n) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any child welfare agency or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require. (o) If abuses, derelictions, or deficiencies are found in the operation and management of any child welfare agency, they shall be brought immediately to the attention of the management of such agency; and if correctable, but not corrected within a reasonable time the department shall revoke the license of such agency in the manner prescribed in this Code section. (p) Each child welfare agency shall make an annual report of its work to the department in such form and at such time as the department shall prescribe. The department shall prepare and supply child welfare agencies with all forms needed for the purpose of providing the department with such information as may, from time to time, be required by the department. (q) Child welfare agencies and other facilities and institutions wherein children and youths are detained which are operated by any department or agency of state, county, or municipal government shall not be subject to licensure under this Code section, but the department may, through its authorized agents, make periodic inspections of such agencies, facilities, and institutions. Reports of such inspections shall be made privately to the proper authorities in charge of such agencies, facilities, or institutions. The department shall cooperate with such authorities in the development of standards that will adequately protect the health and well-being of all children and youths detained in such agencies, facilities, and institutions or provided care by them. The department may recommend changes in programs and

Page 1043

policies and if, within a reasonable time, the standards established by the department and the recommendations of the department are not met, it shall be the duty of the commissioner to make public in the community in which such agency, facility, or institution is located the report of the above-mentioned inspection and the changes recommended by the department. If any serious abuses, derelictions, or deficiencies are found and are not corrected within a reasonable time, the commissioner shall report them in writing to the Governor. (r) Any child welfare agency that shall operate without a license issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license shall constitute a separate offense. (s) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in adoption proceedings. (t) The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of a child welfare agency without a license or the continued operation of a child welfare agency in willful violation of this article or of any regulation of the department or in violation of any order of the board. 49-5-12.1. (a) Unless otherwise provided in subsection (r) of Code Section 49-5-12, any person who violates the provisions of Code Section 49-5-12 or who hinders, obstructs, or otherwise interferes with any representative of the department

Page 1044

in the discharge of that person's official duties in making inspections as provided in Code Section 49-5-12 or in investigating complaints as provided in Code Section 49-5-12 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 thereby subjecting a child in care to injury or a life-threatening situation; 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 $500.00. 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 purposes 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

Page 1045

period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise 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) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. 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 the Attorney General 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 such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1046

FAIR BUSINESS PRACTICES ACT OF 1975OFFICE SUPPLY TRANSACTIONS. Code Sections 10-1-392, 10-1-397, and 10-1-399 Amended. Code Section 10-1-393.1 Enacted. No. 1540 (House Bill No. 1282). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the Fair Business Practices Act of 1975, so as to provide for definitions; to declare unfair or deceptive acts or practices in the conduct of office supply transactions in trade or commerce to be unlawful; to provide for investigations and actions by the administrator; to authorize persons injured by acts in violation hereof to bring an action for damages; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to provisions of the Fair Business Practices Act of 1975, is amended by inserting immediately following paragraph (6) of subsection (a) of Code Section 10-1-392, relating to definitions regarding fair business practices, three new paragraphs, to be designated paragraphs (6.1), (6.2), and (6.3), to read as follows: (6.1) `Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.2) `Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.3) `Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship,

Page 1047

goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property are purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. Section 2 . Said part is further amended by inserting immediately following Code Section 10-1-393 a new Code section, to be designated Code Section 10-1-393.1, to read as follows: 10-1-393.1 (a) Unfair or deceptive acts or practices by an office supplier in the conduct of office supply transactions in trade or commerce are declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices by office suppliers in the conduct of office supply transactions are declared unlawful: (1) Passing off goods or services as those of another; (2) Falsely representing to any person that the office supplier is the usual supplier of goods, services, or property purchased by that person; (3) Falsely representing to any person that the goods, services, or property sold, leased, rented, or shipped by the office supplier are the same brand as that person usually uses; (4) Misrepresenting in any manner, including the use of a confusingly similar name, the manufacturer, supplier, or seller of the goods, services, or property; (5) Representing that the prices an office supplier charges are less than a person usually pays for goods, services, or property, unless the goods, services, or property compared are identical and the representation is true; (6) Shipping or supplying an amount or quantity of goods, services, or property to a person which is substantially greater than the amount or quantity which the person actually orders;

Page 1048

(7) Misrepresenting in any manner, including but not limited to failure to disclose material facts regarding the value of, any gift, prize, or award which will be given by an office supplier in conjunction with any office supply transaction; (8) Falsely representing that there is an imminent price increase; or (9) Substituting any brand or quality of goods, services, or property for that actually ordered without prior approval of such substitution from the person ordering. (c) An office supplier may not by contract, agreement, or otherwise limit the operation of this part, notwithstanding any other provision of law. Section 3 . Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-397, relating to actions by the administrator for injunctions, and inserting in its place a new subsection (a) to read as follows: (a) Whenever the administrator has reason to believe that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, by Code Section 10-1-393.1, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may bring an action in the name of the state by filing a civil complaint against such person to restrain or enjoin the use of such method, act, or practice. The complaint must state generally the relief sought and be served in accordance with Chapter 11 of Title 9, the `Civil Practice Act.' The action may be brought in the superior court having jurisdiction over the defendant by virtue of the Constitution or laws of the State of Georgia. Section 4 . Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-399, relating to private actions or claims for injunctions and damages, and inserting in its place a new subsection (a) to read as follows: (a) Any person who suffers injury or damages as a result of consumer acts or practices or as a result of office

Page 1049

supply transactions in violation of this part or whose business or property has been injured or damaged as a result of consumer acts or practices or as a result of office supply transactions in violation of this part may bring an action individually, but not in a representative capacity, against the person or persons engaged in such unlawful consumer acts or practices or in such unlawful office supply transactions under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. A claim under this Code section may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONSREGIONAL PUBLIC PROJECTS; DEBT; TAXING POWER; OPERATING EXPENSES. Code Section 50-8-99.1 Enacted. Code Section 50-8-101 Amended. No. 1541 (House Bill No. 1293). 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 authorize the commission to be the contracting and coordinating agent for the governing bodies of political subdivisions in the metropolitan

Page 1050

area with regard to certain regional public projects and to provide for conditions and procedures relating thereto; to prohibit the commission's incurring debt relating thereto or exercising taxing power but to authorize financing, credit, and debt arrangements by the commission on behalf of political subdivisions subject to statutory and constitutional limitations; to change the amounts due for the commission's operating expenses from the political subdivisions in the metropolitan area; to repeal conflicting laws; and for other purposes. 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 adding immediately following Code Section 50-8-99 a new Code section to read as follows: 50-8-99.1. (a) For purposes of this Code section, the term `participating affected local government' means the governing body of a political subdivision which is or will be affected by a regional public project and which agrees to authorize the commission to act on its behalf as described in this Code section. (b) In order to more efficiently coordinate and manage the planning, development, implementation, construction, management, and operation of public projects which are regional, rather than purely local, in nature, the commission is authorized pursuant to this Code section to act as the contracting and coordinating agent for the participating affected local governments. (c) Upon receiving written approval from each participating affected local government, the commission is authorized to act as the sponsor and coordinator of regional public projects. Upon receipt of such approval, the commission shall be authorized to enter into agreements with third parties as agent on behalf of the participating affected local governments. All agreements with third parties related to the planning, development, implementation, construction, management, or operation of the project shall be between the

Page 1051

commission as agent for the participating affected local governments and such third parties. Upon contracting with third parties as the project sponsor, the commission shall then enter into subcontracts with the participating affected local governments in order to allocate appropriately the costs and benefits associated with the project, establish obligations and responsibilities of each of the participating affected local governments in connection therewith, delineate the relationships among the parties, and address any other matters which may be necessary or convenient in order to assure the successful completion and operation of the project. (d) The commission shall not have the power to tax or to incur long-term indebtedness in connection with its authority under this Code section. The commission may make arrangements for the financing of any project described in this Code section if authorized by the participating affected local governments and if any resulting debt thereby created is authorized pursuant to the laws and Constitution of this state. Any such financing or credit shall be extended directly to the participating affected local governments, which shall assume all responsibility to repay same. No debt as authorized herein shall be incurred in any manner so as to be a responsibility of an affected government unless that affected government's portion of that debt is first approved by a majority of the voters of such affected government voting in an election called by the governing authority of the affected government in the manner provided for calling and holding other special elections if such debt is required to be so approved pursuant to Article IX, Section V of the Constitution. Section 2 . Said article is further amended by striking paragraphs (1), (2), and (3), of subsection (b) of Code Section 50-8-101, regarding provision of operating expenses for the commission, which read as follows: (1) Counties which have no portion of the most populous municipality within their boundary shall provide 30 for each person residing in the county plus $2,000.00; (2) Counties which have some portion of the most populous municipality within their boundary shall provide 30

Page 1052

for each person residing in the county outside the most populous municipality plus 12 for each person residing in the county inside the most populous municipality plus $2,000.00; and (3) The most populous municipality shall provide 18 for each person residing in the municipality plus $2,000.00., in their entirety and inserting in their place new paragraphs (1) and (2) to read as follows: (1) Every county within the area and the most populous municipality within the area shall each provide the commission with operating expenses of $2,000.00; and (2) In addition to the amount required under paragraph (1) of this subsection, every county within the area and the most populous municipality within the area shall each provide the commission with an amount based upon the number of residents of that county or municipality, respectively, and determined as follows: (A) Each county which has no portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in that county by the following per resident amounts based upon the appropriate calendar year specified: 1986 30 1987 40 (B) Each county which has some portion of the most populous municipality within its boundary shall provide an amount determined by multiplying the number of persons residing in the county but outside that most populous municipality by the per resident amount specified for the applicable calendar year under subparagraph (A) of this paragraph and shall also provide an amount determined by multiplying the number of persons residing in the county inside that most populous municipality by the following per resident amounts based upon the appropriate calendar year specified:

Page 1053

1986 12 1987 16 (C) The most populous municipality shall provide an amount determined by multiplying the number of persons residing in the municipality by the following per resident amounts based upon the appropriate calendar year specified: 1986 18 1987 24 Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. MOTOR VEHICLESREGISTRATION AND LICENSING; DATES; STAGGERED LICENSE PLATE SALES; FEES. Code Title 40, Chapter 2 Amended. Code Sections 48-5-473, 48-10-7, and 48-10-8 Amended. No. 1542 (House Bill No. 1317). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to change the date before which all vehicles shall be licensed and registered each year; to provide that in certain counties vehicles shall, between January 1 and May 1 of each year, be registered during designated registration periods; to provide definitions; to provide for exceptions under particular circumstances; to provide for a penalty and for the disposition of the penalty; to provide for applicability; to provide for related matters; to amend Title 48 of the Official Code of Georgia Annotated,

Page 1054

relating to revenue and taxation, so as to change the date before which all vehicles shall be licensed and registered and returned for taxation; to change the date after which certain vehicles shall pay a reduced registration 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 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-8, relating to the operation of unregistered vehicles, and inserting in lieu thereof a new Code Section 40-2-8 to read as follows: 40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated. If the owner of such vehicle presents evidence that he has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to him, then the owner shall not be subject to the above penalties.

Page 1055

(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relating to the registration and licensing of vehicles, and inserting in lieu thereof a new subsection (a) to read 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 May 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 every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days, transfer such registration as provided in Code Section 40-2-39. Section 3 . Said chapter is further amended by adding between Code Section 40-2-20 and Code Section 40-2-21 a new Code Section 40-2-20.1 to read as follows: 40-2-20.1. (a) As used in this Code section, the term: (1) `Name' means: (A) For natural persons, the surname of the owner whose name appears first on the certificate of title or other record of ownership; or (B) For entities other than natural persons, the first letter or word of the owner whose name appears

Page 1056

first on the certificate of title or other record of ownership. (2) `Registration period' means: (A) The month of January for an owner whose name begins with the letter A, B, C, or D; (B) The month of February for an owner whose name begins with the letter E, F, G, H, I, J, or K; (C) The month of March for an owner whose name begins with the letter L, M, N, O, P, Q, or R; or (D) The month of April for an owner whose name begins with the letter S, T, U, V, W, X, Y, or Z. (3) `Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20. (b) Except as authorized in subsection (c) of this Code section, in each county to which the provisions of this Code section are made to apply as provided in subsection (f) of this Code section, the owner of every vehicle registered in the previous calendar year shall, between January 1 and May 1 of each year, register and obtain a license to operate such vehicle prior to the last day of the owner's registration period. (c) The owner of any vehicle registered in the previous calendar year who moves his residence between January 1 and May 1 from a county to which this Code section is not applicable to a county to which this Code section is applicable or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner between January 1 and May 1 who resides in a county to which this Code section is applicable shall, unless such vehicle has been registered during the current calendar year, register and obtain a license to operate such vehicle prior to the last day of the owner's renewal period or, if such renewal period has passed at the time of the change of residence or at the time of transfer, on or before May 1.

Page 1057

(d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May 1, be subject to a $25.00 late registration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. (e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. (f) This Code section shall only apply to a county which has been brought under the provisions of this Code section pursuant to a local law enacted by the General Assembly and shall apply beginning January 1 of the calendar year specified in such local law. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue. (g) Nothing in this Code section shall preclude the owner of any vehicle from registering and obtaining a license for such vehicle prior to his registration period. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-37, relating to the registration of delinquent vehicles, and inserting in lieu thereof a new subsection (a) to read as follows: (a) On and after May 2 in each year, the owner of a vehicle required to be registered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year, shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, on May 2 and thereafter, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law. Section 5 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking

Page 1058

in its entirety Code Section 48-5-473, relating to returns for ad valorem taxation for motor vehicles, and inserting in lieu thereof a new Code Section 48-5-473 to read as follows: 48-5-473. Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of his motor vehicle and for the purchase of a license plate for the motor vehicle, or at the time of the first sale or transfer of the motor vehicle after December 31, or on May 1, whichever occurs first. If the owner of a motor vehicle returns his motor vehicle for taxation prior to the date that the application for the purchase of a license plate is required, he shall apply for the purchase of the license plate at the time he returns the motor vehicle for taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section, but no license plate need be purchased. Except as provided for in Code Section 48-5-450 and except for motor vehicles excluded pursuant to Code Section 48-5-472, no license plate for any motor vehicle shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the motor vehicle have been paid. Section 6 . Said title is further amended by striking paragraph (1) of Code Section 48-10-7, relating to license fees for vehicles registered during specified parts of the year, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) May 15 and August 1 of any year shall pay threefourths of the annual license fee provided in this chapter; . Section 7 . Said title is further amended by striking in its entirety Code Section 48-10-8, relating to time of application and payment of license plates, and inserting in lieu thereof a new Code Section 48-10-8 to read as follows: 48-10-8. Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before May 1 of each year. Payment for the license plate shall be made to the commissioner, his duly authorized agent, or any other person specified by law.

Page 1059

Section 8 . This Act shall become effective May 16, 1986. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. CRIMES AND OFFENSESIMPERSONATING A PEACE OFFICER. Code Section 16-10-23 Amended. Code Sections 27-1-26, 35-2-57, and 35-3-15 Repealed. No. 1543 (House Bill No. 1341). AN ACT To amend the Official Code of Georgia Annotated so as to change the provisions relating to impersonating a public officer or employee; to repeal the provisions relating to impersonation of a conservation officer; to repeal the provisions relating to impersonation of an officer or member of the Uniform Division of the Department of Public Safety; to repeal the provisions relating to impersonation of an agent of the Georgia Bureau of 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 . The Official Code of Georgia Annotated is amended by striking Code Section 16-10-23 in its entirety and inserting in lieu thereof a new Code Section 16-10-23 to read as follows: 16-10-23. A person who falsely holds himself out as a peace officer or other public officer or employee with intent

Page 1060

to mislead another into believing that he is actually such officer commits the offense of impersonating an officer and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. Section 2 . Said Code is further amended by striking in its entirety Code Section 27-1-26, which reads as follows: 27-1-26. It shall be unlawful for any person who is not at the time a duly commissioned conservation ranger or deputy conservation ranger to identify himself as such an officer of the department, to wear or exhibit in public any official badge of such an officer, or to wear the uniform of such an officer or any part thereof. Section 3 . Said Code is further amended by striking in its entirety Code Section 35-2-57, which reads as follows: 35-2-57. It shall be a misdemeanor for any person or persons to wear, sell, or copy the uniform, or to impersonate any officer or member of the Uniform Division of the Department of Public Safety without written approval by the commissioner. Section 4 . Said Code is further amended by striking in its entirety Code Section 35-3-15, which reads as follows: 35-3-15. It shall be a misdemeanor for any person to impersonate any agent of the bureau without written approval by the director. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1061

MOTOR VEHICLESEMISSION INSPECTIONS; DATES; INITIAL INSPECTIONS. Code Sections 40-8-155, 40-8-156, 40-8-158, and 40-8-159.1 Amended. No. 1544 (House Bill No. 1377). AN ACT To amend Part 2 of Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, so as to provide for inspections and certificates of inspections for certain new motor vehicles; to define further those vehicles which must be inspected prior to being registered; to change the date during a calendar year when certain requirements relative to emission inspections of motor vehicles become applicable; 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 8 of Title 40 of the Official Code of Georgia Annotated, relating to periodic emission inspections of motor vehicles, is amended by striking Code Section 40-8-155, relating to the applicability of emission inspections, and inserting in lieu thereof a new Code Section 40-8-155 to read as follows: 40-8-155. This part shall operate uniformly throughout the state. In all counties of this state wherein there are registered or licensed, pursuant to or subject to the requirements of Chapter 2 of this title, as of May 1 of a given calendar year, in any calendar year after the enactment of this part, more than 200,000 motor vehicles as defined in this part, all the provisions or requirements of this part shall apply to any such county for a period of 12 months immediately following May 1 of such calendar year. Section 2 . Said part is further amended by striking Code Section 40-8-156, relating to certificates of emission inspection,

Page 1062

and inserting in lieu thereof a new Code Section 40-8-156 to read as follows: 40-8-156. (a) In each county having more than 200,000 motor vehicles registered or licensed as of May 1 of a given calendar year, as specified in Code Section 40-8-155, there is required within the 12 month period following May 1, of such calendar year, for any period after April 1, 1981, a certificate of emission inspection issued by an emission inspection station certified under this part for each responsible motor vehicle registered or licensed pursuant to or subject to the requirements of Chapter 2 of this title in such county during such 12 month period following May 1 of such calendar year. A certificate of emission inspection is also required for each responsible motor vehicle owned by any state agency, municipality, or other political subdivision registered or licensed pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use during such 12 month period following May 1 of such calendar year to any state agency, municipality, or other political subdivision located in such county. (b) Such certificate of emission inspection must certify for any such responsible motor vehicle: (1) An inspection of emissions of hydrocarbons and carbon monoxide, as required by Code Section 40-8-158; (2) Compliance, as required by Code Section 40-8-158, with applicable emission standards or emission limitations for hydrocarbons and carbon monoxide specified for such vehicle by the board pursuant to Code Section 40-8-157; (3) Inspection, as required by Code Section 40-8-158, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act; and (4) Maintenance, as required by Code Section 40-8-158, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act.

Page 1063

(c) Such a certificate of emission inspection for responsible motor vehicles shall be required in a county during a 12 month period following May 1 of a given calendar year only during the period after such county or some part thereof has been continuously designated for a period of at least 12 months by USEPA, pursuant to the authority of the federal Clean Air Act, as having ambient air levels of either photochemical oxidants (ozone) or carbon monoxide in excess of the National Ambient Air Quality Standard for such polutant. (d) When the requirements of this Code section initially become applicable in a county which is subject to the provisions of this part under Code Section 40-8-155 on a date subsequent to May 1 of a given calendar year, then the period allowed for obtaining a certificate of emission inspection shall be 12 months following the date such certificate initially became required under this Code section. In such a case, the entire 12 month period following the date such certificate initially became required under this Code section shall be considered the initial 12 month period of applicability for purposes of subsection (e) of Code Section 40-8-158. (e) Except as otherwise provided in subsection (d) of this Code section, all responsible motor vehicles becoming subject to the requirements of this Code section during any 12 month period following May 1 of a given calendar year shall comply with such requirements before May 1 of the next calendar year. (f) The requirements of paragraphs (1) through (4) of subsection (b) of this Code section shall remain in effect in a county only during such time as such county or some part thereof continues to be designated by USEPA pursuant to the federal Clean Air Act as having ambient air levels of either photochemical oxidants or carbon monoxide in excess of the NAAQS for such pollutant. (g) Notwithstanding the other provisions of this Code section, the requirements of this part shall not apply to vehicles registered or licensed as specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the monetary penalties as provided

Page 1064

in Code Section 16-10-71 upon conviction for false swearing therein, that: (1) Such vehicle is so registered or licensed by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia; (2) At the time this part is being or is sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is subject to the requirements of this part; or (3) Such vehicle is or will be, during the 12 month period of applicability of the part during which the part is being or is sought to be enforced with respect to such vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this part. The commissioner shall provide the form for any such certification. Section 3 . Said part is further amended by striking Code Section 40-8-158, relating to periodic emission inspections, and inserting in lieu thereof a new Code Section 40-8-158 to read as follows: 40-8-158. (a) Each responsible motor vehicle subject to any requirement under Code Section 40-8-156 must receive a certificate of emission inspection once during any 12 month period during which Code Section 40-8-156 applies to such responsible motor vehicle from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a permitted mechanic inspector, the mechanic inspector determines, consistent with the terms of Code Section 40-8-156, with respect to such responsible motor vehicle:

Page 1065

(1) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act has been inspected to determine whether such equipment has been rendered unserviceable by removal, alteration, or other interference with its operation; (2) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act has not been rendered unserviceable by removal, alteration, or other interference with its operation (unless replaced with equipment of demonstrated equivalent emission reduction capabilities); (3) That an inspection of the exhaust and evaporative emissions of hydrocarbons and carbon monoxide from such responsible motor vehicle has been performed; and (4) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon or carbon monoxide prescribed by the board pursuant to this part. Compliance with any applicable emission standard or emission limitation shall be determined by mechanic inspectors meeting qualifications, using methods, techniques, and equipment, under conditions, and following inspection procedures prescribed by the board pursuant to this part. (b) If the inspection discloses any violation of any applicable emission standard or emission limitation, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess. (c) The owner shall have necessary maintenance and repairs performed and return for reinspection at an emission inspection station within 15 days of the initial inspection. Such reinspection shall be at no charge to the owner. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of emission inspection shall be issued unless the owner

Page 1066

proves, by means of repair facility receipts or other written documents, that: (1) He has replaced any emission control and exhaust system equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable; (2) He has spent at least $50.00 in the repair and maintenance of the responsible motor vehicle evaporative (as applicable) emission control systems and related equipment, apart from the replacement or repair of emission control devices and exhaust systems, since the first inspection in the current 12 month period of applicability of Code Section 40-8-156; and (3) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions (as applicable) since the first inspection in the current 12 month period of applicability of Code Section 40-8-156. (d) As used in this Code section, the term `initial 12 month period of applicability' means, for a given county, the 12 month period following May 1 of a given calendar year, or the 12 month period following the date on which the requirements of Code Section 40-8-156 otherwise become applicable, when such county became subject to any requirement under Code Section 40-8-156 for the first time. Any county which has been subject to any requirement under this part, again becoming subject to any requirement under this part subsequent to an intervening period during which such county was not subject to any requirement under this part, shall be considered to be in an initial year of applicability upon again becoming subject to any requirement under this part in such manner. (e) Following the initial 12 month period of applicability, a certificate of emission inspections shall be displayed on a vehicle which has been inspected and has been approved as meeting the requirements of this part and shall bear the date the vehicle was inspected, the number or other identification of the inspecting station, the signature of the mechanic inspector performing the inspection, and such other

Page 1067

information as shall be required by the commissioner. The mechanic inspector shall remove from the vehicle being inspected any old certificate of emission inspection when a new certificate of emission inspection will be issued. At the time an emission inspection station issues a certificate of emission inspection, the station shall also issue an emission inspection verification which may be used in complying with Code Section 40-8-159.1. This verification shall contain all information shown on the certificate of emission inspection, shall be issued in duplicate, and shall be on such forms as the department shall prescribe. (f) All certificates of emission inspection shall be issued for a period of one year. (g) A new responsible motor vehicle otherwise required under Code Section 40-8-156 to have an inspection or certificate of inspection shall not be required to have either that inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required inspection and certificate of inspection shall be obtained prior to the time the initial owner first transfers such vehicle or within 12 months following the date of the initial sale of the vehicle when new whichever occurs first. With respect to any inspection or certificate of inspection for a responsible motor vehicle at the time of the initial retail sale of such vehicle when new, the department may provide for the issuance of certificates of inspection for such vehicle by the franchised dealer selling the vehicle, provided such dealer first determines that such vehicle meets the applicable requirements of the federal Clean Air Act. (h) The commissioner may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection or emission inspection verification required in any 12 month period may have an additional or duplicate certificate of emission inspection or emission inspection verification issued to him. These methods may include but are not necessarily limited to the following two methods: (1) Any approved emission inspection station may issue said additional or duplicate certification or emission

Page 1068

inspection verification upon the owner demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window; or (2) The commissioner shall issue said additional or duplicate certification or emission inspection verification upon the owner demonstrating to the commissioner that said vehicle had been inspected previously and had obtained a current and valid inspection sticker. Section 4 . Said part is further amended by striking Code Section 40-8-159.1, relating to proof of emission inspection and obtaining a vehicle registration, and inserting in lieu thereof a new Code Section 40-8-159.1 to read as follows: 40-8-159.1. (a) Beginning January 1, 1986, it shall be unlawful for any county to and no county shall register or issue a license for any responsible motor vehicle subject to any requirement under Code Section 40-8-156 pursuant to or subject to the requirements of Chapter 2 of this title unless the owner provides a certificate of emission inspection or an emission inspection verification form issued pursuant to subsection (e) of Code Section 40-8-158 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 40-8-156 and Code Section 40-8-158. In applying for a vehicle license plate or revalidation sticker for a responsible motor vehicle subject to any requirement under Code Section 40-8-156 by mail, the application shall be accompanied by an emission inspection verification from issued pursuant to subsection (e) of Code Section 40-8-158. (b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 40-8-156 on the roadways of this state without a valid registration or license issued in compliance with this part. Any person who operates a responsible motor vehicle subject to any requirement under Code Section 40-8-156 on the roadways of this state without a valid registration or license issued in compliance with this part shall be considered to be operating an unregistered motor vehicle. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 1069

Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. FIRE PROTECTION AND SAFETYBLASTING OR EXCAVATING NEAR UNDERGROUND FACILITIES OR UTILITIES. Code Title 25, Chapter 9 Amended. No. 1545 (House Bill No. 1489). AN ACT To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to comprehensively revise Chapter 9 of such title, relating to blasting or excavating near underground gas pipes and facilities, in order to regulate the blasting or excavating near other types of underground facilities; to change the provisions relating to the purpose of said Chapter 9; to change certain definitions; to provide additional definitions; to change the provisions relating to requirements of gas companies to file certain information with superior court clerks; to require other utilities to file certain information with superior court clerks; to provide for the establishment of one-call notification centers; to change the provisions relating to duties of superior court clerks; to change the provisions relating to prerequisites to blasting or excavating; to change the provisions relating to notification of proposed blasting or excavating; to provide for the treatment of utility facilities by persons engaged in blasting or excavating; to provide for the degree of accuracy required in underground utility location information; to provide for effect of chapter upon rights and powers of utilities; to change the provisions relating to the effect of this chapter upon the rights and powers of the state, counties, or municipalities concerning facilities located on public road or street rights

Page 1070

of way; to change the provisions relating to applicability of this chapter in event of emergencies; to change the penalty provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by striking in its entirety Chapter 9, relating to blasting or excavating near underground gas pipes and facilities, and inserting in lieu thereof a new Chapter 9 to read as follows: CHAPTER 9 25-9-1. The purpose of this chapter is to prevent injury to persons and property and interruptions of utility service resulting from damage to gas pipes and other underground utility facilities caused by blasting or excavating operations by providing a method whereby the location of underground gas pipes and other utility facilities will be made known to persons planning to engage in blasting or excavating operations so that such persons may observe proper precautions with respect to such underground gas pipes and other utility facilities. 25-9-2. As used in this chapter, the term: (1) `Blasting' means any operation by which the level or grade of land is changed or by which earth, rock, buildings, structures, or other masses or materials are rended, torn, demolished, moved, or removed by the detonation of dynamite or any other explosive agent. (2) `Business days' means Monday through Friday, excluding any public and legal holidays. (3) `Corporation' means any corporation; municipal corporation; county; joint-stock company; partnership; association; business trust; cooperative; organized group of persons, whether incorporated or not; or receiver or receivers or trustee or trustees of any of the foregoing. (4) `Distribution of gas' means the distribution or furnishing of gas to the ultimate consumer through the

Page 1071

use of underground pipes or other facilities and includes, but is not limited to, the distribution of gas pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (5) `Excavating' means any operation by which the level or grade of land is changed and includes, without limitation, grading, trenching, digging, ditching, augering, scraping, and pile driving. Such term, however, does not include public road maintenance activities within the rights of way of a public road on the state highway system, the county road system, or the city street system. (6) `Gas' means any flammable gaseous matter and includes, but is not limited to, natural gas, manufactured gas, liquefied petroleum gas, and any material composed predominantly of any of the following hydrocarbons or mixtures of the same: methane, propane, propylene, butane, or butylene. The term `gas' shall also include liquid petroleum products. (7) `Mechanized excavating equipment' means all equipment which is powered by any motor, engine, or hydraulic or pneumatic device and which is used for excavating, including, without limitation, bulldozers, backhoes, power shovels, scrapers, draglines, clamshells, augers, drills, and pile drivers. (8) `One-call notification center' or `center' means an organization or office established and funded by two or more utilities for the purpose of maintaining a list of all utilities owning gas pipes and other underground utility facilities within the county or counties in which the center operates and for the purpose of maintaining the information required to be filed pursuant to Code Section 25-9-3. (9) `Person' means an individual or a corporation. Such term, however, does not include and no provision of this chapter shall apply to any excavating done by a railroad when said excavating is made entirely on the land which the railroad owns or on which the railroad operates or, in the event of emergency, on adjacent land.

Page 1072

Such term, however, also does not include and shall not apply to the Department of Transportation, its officers or employees when excavating, blasting, or operating mechanized excavating equipment anywhere within public road rights of way. (10) `Railroad' means all corporations, companies, or individuals owning or operating any railroad line or railroad company in this state. (11) `Service area' means a contiguous area or territory which encompasses the underground distribution system or network of gas pipes or other underground utility facilities by means of which a utility provides utility service. (12) `Transmission of gas' means the transmission or transportation of gas through the use of underground pipes or other facilities and includes, but is not limited to, the transportation or transmission of gas in interstate commerce pursuant to a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission and the transmission or transportation of gas in intrastate commerce pursuant to a certificate of public convenience and necessity issued by the Public Service Commission. (13) `Utility' means any person operating or maintaining gas pipes or other underground utility facilities. (14) `Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, or telephone or telegraphic communications. 25-9-3. Each utility which maintains gas pipes or other underground utility facilities within any county of this state shall file with the clerk of the superior court of such county the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of the gas pipes or other underground

Page 1073

utility facilities of such utility within the county may be obtained during normal business hours on business days. From time to time each utility shall make such further and additional filings as may be necessary to keep current the designation, address, and telephone number of such source. Municipal and county gas or electric utilities shall not be required to make such filings in the office of the clerk of the superior court but shall maintain such information in the office of the clerk of the city or in the office of the superintendent of the gas or electric department of the city or in the office of the utility commission of the city; provided, however, that all such municipal and county gas or electric utilities shall participate and cooperate with any one-call notification center which may be established pursuant to Code Section 25-9-4. 25-9-4. (a) Two or more utilities may voluntarily establish a one-call notification center to maintain information concerning gas pipes and other underground utility facilities within the counties encompassed by the utilities' service area. Upon the establishment of the first such one-call notification center, all other utilities operating and maintaining underground utility facilities within said counties shall participate and cooperate with the center, and no duplicative center shall be established pursuant to this Code section. The activities of the center shall be funded by all of the participating utilities. (b) A one-call notification center shall maintain a list showing the counties within which its participating utilities maintain gas pipes and other underground utility facilities. The center shall also maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information respecting the location of gas pipes and other underground utility facilities of its participating utilities may be obtained during normal business hours on business days. (c) A one-call notification center shall file with the clerk of the superior court of each county in which its participating utilities operate or maintain gas pipes and other underground utility facilities a list of its participating utilities, along with the center's name, address, and telephone number

Page 1074

Such filing by the center shall relieve the participating utilities of the filing and record keeping requirements imposed by Code Section 25-9-3. 25-9-5. The clerk of the superior court in each county of this state shall: (1) Maintain a file for the written information to be filed by utilities in accordance with this chapter and make the same available for public inspection; (2) Mark the date and hour of filing of all written materials filed in accordance with this chapter; and (3) Charge a fee in accordance with paragraph (9) of subsection (d) of Code Section 15-6-77 for the filing of such written materials. 25-9-6. (a) No person shall commerce, perform, or engage in blasting or in excavating with mechanized excavating equipment on any tract or parcel of land in any county in this state unless and until each of the following conditions has occurred: (1) The person planning the blasting or excavating, on or before the third business day preceding the day on which such work is planned to commence, has given actual notice of the proposed work to the source which was designated and filed in such county by each utility or one-call notification center in accordance with Code Section 25-9-3 or subsection (c) of Code Section 25-9-4, which notice shall: (A) Describe the tract or parcel of land upon which the blasting or excavation is to take place with sufficient particularity to enable the utility to ascertain the precise tract or parcel of land involved; (B) State the name, address, and telephone number of the person who will engage in the blasting or excavating; (C) Describe the type of blasting or excavating to be engaged in by the person; and

Page 1075

(D) Designate the date, no earlier than three business days and no later than ten days from the date of the notice, upon which the blasting or excavating will commence; and (2) The person planning the blasting or excavating has ascertained from each source filed in accordance with Code Section 25-9-3 or subsection (c) of Code Section 25-9-4 the location of all gas pipes and other underground utility facilities of each utility which are located upon the tract or parcel of land or within 200 feet thereof. (b) Notwithstanding subsection (a) of this Code section, a person who engages in blasting or excavating with mechanized excavating equipment upon a tract or parcel of land which he owns or leases shall not be required to give any notice under this Code section, if the person has correctly ascertained from other means available to him that there are no gas pipes or other underground utility facilities which will be damaged or injuriously affected by the blasting or excavating. (c) Whenever any blasting or excavating with mechanized excavating equipment is undertaken on a project on the public road system under contract with the Department of Transportation, the notice required under subsection (a) of this Code section shall be deemed to have been given for all utility facilities other than gas which are shown on the project plans and for which a notice of contract award and a notice of preconstruction conference have been mailed to the utility by the Department of Transportation. Nothing contained in this subsection shall be construed to relieve any person under contract with the Department of Transportation of the duties set forth in Code Section 25-9-8 as to all underground utility facilities. 25-9-7. Within three business days following receipt by the source designated pursuant to Code Section 25-9-3 or subsection (c) of Code Section 25-9-4 of actual notice filed in accordance with Code Section 25-9-6 or within such longer reasonable period as may be required under the circumstances, but in any event within five business days, each utility shall attempt to advise the person requesting information

Page 1076

by telephoning the person at the telephone number furnished by the person that: (1) The utility does not have gas pipes or other underground utility facilities located upon the parcel or tract of land in question or within 200 feet thereof; or (2) The utility has staked or otherwise marked the surface of the land to indicate the location of such of its gas pipes or other underground utility facilities as are located upon the tract or parcel of land and within 200 feet thereof. 25-9-8. Persons engaged in blasting or in excavating with mechanized excavating equipment shall not strike, damage, injure, loosen, or remove lateral support from or around any gas pipe or other underground utility facility which has been staked or marked in accordance with this chapter; provided, however, that nothing in this chapter shall be construed or applied to limit or reduce the duty of a person engaged in blasting or excavating in the vicinity of gas pipes or other underground utility facilities, irrespective of whether the same have been staked or marked as provided in this chapter. 25-9-9. (a) For the purposes of this chapter, information concerning the location of gas pipes and other underground utility facilities which is given by a utility to any person must be accurate to within 24 inches. If any gas pipe or other underground utility facilities become damaged due to the furnishing of inaccurate information as to their location by the utility, the liabilities imposed by this chapter shall not apply. (b) Upon documented evidence that the person seeking information as to the location of gas pipes or other underground utility facilities has incurred losses or expenses due to inaccurate information, lack of information, or unreasonable delays in supplying information by the utility, the utility shall be liable to that person for his losses. 25-9-10. This chapter does not affect and is not intended to affect any right, title, power, or interest which any utility

Page 1077

may have with relation to any facility or to any easement, right of way, license, permit, or other interest in or with respect to the land on which the facility is located. 25-9-11. This chapter does not affect and is not intended to affect any rights, powers, interest, or liability of the state or the Department of Transportation with respect to the state highway system, the county road system, or the municipal street system, or of a county with respect to the county road system or of a municipality with respect to the city street system, with relation to any gas pipe or other underground utility facility which is or may be installed within the limits of any public road or street right of way, whether the installation is by written or verbal permit, easement, or any form of agreement whatsoever. 25-9-12. If an emergency arises which presents an immediate and substantial danger to life, health, or property or which requires the establishment or restoration of gas, electric, communication, rail, or other essential public services, it shall be lawful for the person who undertakes to prevent such danger to life, health, or property or who is responsible for the establishment or restoration of such gas, electric, communication, rail, or other essential public services to engage in blasting or in excavating with mechanized excavating equipment for such purpose without complying with Code Section 25-9-6, provided that, before commencing the same or as soon thereafter as is reasonably practicable, the person shall give notice thereof to any utility which the person, in the exercise of reasonable judgment, believes may have gas pipes or other underground utility facilities within such proximity as to be affected by the blasting or excavating with mechanized excavating equipment. 25-9-13. (a) Any person who violates the requirements of Code Section 25-9-6 shall be guilty of a crime punishable by payment of a fine of $1,000.00 for the first offense and $3,000.00 for any subsequent offenses occurring within a 12 month period. The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases. (b) Any person who violates the requirements of Code Section 25-9-6 and whose subsequent excavating or blasting

Page 1078

damages gas pipes or other underground utility facilities shall be strictly liable for: (1) Any cost incurred by the utility in repairing or replacing its damaged facilities; or (2) Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities. ex Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage, or service interruptions resulting from damaging the underground gas pipe or other utility facilities. (c) Subsections (a) and (b) of this Code section shall not apply to any person who shall commence, perform, or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in subsection (a) of Code Section 25-9-6 has failed to comply with Code Section 25-9-7. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1079

PUBLIC SCHOOL DISCIPLINARY TRIBUNALSEXEMPTION OF CHILDREN IN KINDERGARTEN THROUGH PRIMARY GRADE 3. Code Section 20-2-759 Enacted. No. 1546 (House Bill No. 1561). 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 provide that certain children shall not be subject to hearings before a disciplinary tribunal; to provide that the superintendent shall determine disciplinary proceedings; 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 a new Code Section 20-2-759 to read as follows: 20-2-759. (a) This subpart shall not apply to children in kindergarten through primary grade 3. (b) The superintendent of schools shall determine the disciplinary actions or proceedings for children exempt from this subpart under subsection (a) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1080

LOCAL GOVERNMENTREORGANIZATION BY REPEAL OF MUNICIPAL CHARTERS. Code Title 36, Chapter 68 Enacted. No. 1547 (House Bill No. 1572). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality; to provide for the subjects which may be controlled by local law to achieve such a governmental reorganization; to provide requirements relative to such local 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 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding immediately following Chapter 67 a new Chapter 68 to read as follows: CHAPTER 68 36-68-1. This chapter is enacted pursuant to the authority of Article IX, Section III, Paragraph II, Subparagraph (b) of the Constitution. It is the purpose of this chapter to grant authority to the General Assembly to provide by local law for a form of governmental reorganization whereby the charter of a municipality is repealed in order for the county in which the municipality is located to succeed to the corporate powers, functions, rights, assets, and liabilities of the municipality. This chapter shall be liberally construed to carry out effectively such purpose. 36-68-2. (a) Subject to the requirements of Code Section 36-68-3, when the charter of a municipality is repealed

Page 1081

by local law as a part of achieving a governmental reorganization described in Code Section 36-68-1, the General Assembly may also provide by local law for any of the following matters: (1) For the form of government of the county which is the successor to the corporate powers, functions, rights, properties, and obligations of the municipality; (2) For the county to constitute a municipality as well as a county for the purposes of the application of the general laws and Constitution of this state; (3) For the exercise by the county of the powers vested in the former municipality and in municipalities generally as well as the powers vested in the county and counties generally; (4) For the county to receive any grants or other types of funds or revenues which the former municipality was entitled to receive as well as grants or other types of funds or revenues which the county is entitled to receive; (5) For the status of the county relative to any municipalities, other than the municipality having its charter repealed, located wholly or partially within such county; (6) For the transfer of all assets and properties of the municipality to the county; (7) For the assumption by the county of all contractual and other obligations of the municipality; (8) For the transfer of employees of the municipality to the county and for the preservation of any rights of such employees and their beneficiaries existing under any retirement or pension system of the municipality; and (9) For any other matters reasonably necessary or convenient to achieve and implement effectively a governmental

Page 1082

reorganization described by Code Section 36-68-1. (b) A local law enacted pursuant to the authority of subsection (a) of this Code section may provide for such procedures, requirements, and limitations as may be reasonably necessary to control the subjects included within such local law, and the provisions of said subsection (a) shall not be construed to limit the manner in which the General Assembly may by local law control the subjects described by said subsection (a). 36-68-3. (a) Local laws enacted pursuant to the authority of this chapter shall be subject to the following requirements: (1) A local law enacted pursuant to the authority of Code Section 36-68-2 shall provide for the creation of a special tax district consisting of the territory lying within the corporate boundaries of the municipality for the purpose of the successor county government levying a tax therein sufficient to retire the bonded indebtedness of the municipality which was outstanding on the effective date of the repeal of the charter of the municipality; (2) The effectiveness of local laws described in paragraphs (3) and (4) of this subsection shall be contingent upon their approval by the governing authorities of the affected municipality and county prior to the referenda provided for in paragraphs (3) and (4) of this subsection. (3) The effectiveness of a local law repealing the charter of a municipality shall be contingent upon its approval by a majority of the voters voting within the municipality and upon the parallel local law described by paragraph (4) of this subsection becoming effective; (4) The effectiveness of a local law enacted pursuant to the authority of Code Section 36-68-2 shall be contingent upon its approval by a majority of the voters voting throughout the territorial boundaries of the applicable county and upon the parallel local law described by paragraph (3) of this subsection becoming effective; and

Page 1083

(b) The requirement for a referendum to repeal a municipal charter under paragraph (3) of subsection (a) of this Code section shall apply to the repeal of a municipal charter only when such repeal is a part of a governmental reorganization described by Code Section 36-68-1. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. DISTILLED SPIRITSMANUFACTURE, SALE, OR DISTRIBUTION IN MUNICIPALITIES. Code Sections 3-4-51, 3-4-93, and 3-4-160 Enacted. No. 1548 (House Bill No. 1579). AN ACT To amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of distilled spirits, so as to provide that any municipality which, on January 1, 1985, was issuing licenses permitting the manufacture, sale, or distribution of distilled spirits or authorizing the sale of distilled spirits by the drink for consumption only on the premises based on approval for such in the county in a county-wide referendum shall be authorized to exercise the powers and shall be subject to the provisions of law relating to such activities; to provide that certain municipalities may authorize the manufacture, sale, or distribution of distilled spirits or the sale of distilled spirits by the drink for consumption only on the premises; to provide procedures for such authorization; to provide for the

Page 1084

withdrawal of such authorization; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of distilled spirits, is amended by adding at the end of Article 3 of said chapter a new Code Section 3-4-51 to read as follows: 3-4-51. Any municipality which lies wholly or partially within a county which has approved the manufacture, sale, or distribution of distilled spirits in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, sale, or distribution of distilled spirits shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the manufacture, sale, or distribution of distilled spirits. Section 2 . Said chapter is further amended by adding at the end of Part 1 of Article 5 of said chapter a new Code Section 3-4-93 to read as follows: 3-4-93. Any municipality which lies wholly or partially within a county which has approved the sale of distilled spirits by the drink for consumption only on the premises in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the sale of distilled spirits by the drink for consumption only on the premises shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises. Section 3 . Said chapter is further amended by adding at the end thereof a new Article 7 to read as follows: ARTICLE 7 3-4-160. (a) (1) Except as provided in subsection (c) of this Code section, any municipality which lies wholly

Page 1085

or partially within a county which has approved in a county-wide referendum the manufacture, sale, or distribution of distilled spirits as provided in Article 3 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the manufacture, sale, or distribution of distilled spirits and may exercise the powers contained in this title relating to the manufacture, sale, or distribution of distilled spirits. (2) In any municipality in which the manufacture, sale, or distribution of distilled spirits is authorized as provided in this Code section, such manufacture, sale, or distribution may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited. (b) (1) Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the sale of distilled spirits by the drink for consumption only on the premises as provided in Part 1 of Article 5 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the sale of distilled spirits by the drink for consumption only on the premises and may exercise the powers contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises. (2) In any municipality in which the sale of distilled spirits by the drink for consumption only on the premises is authorized as provided in this Code section, such sales may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited. (c) A municipality shall not be authorized to approve the manufacture, sale, or distribution of distilled spirits as provided in subsection (a) of this Code section or the sale of distilled spirits by the drink for consumption only on the premises as provided in subsection (b) of this Code section unless a majority of the electors voting in the county-wide referendum election who reside in the municipality voted

Page 1086

in favor of approving the manufacture, sale, or distribution of distilled spirits or in favor of approving the sale of distilled spirits by the drink for consumption only on the premises. (d) This Code section shall apply only to municipalities where the county-wide referendum is held on or after the effective date of this Code section. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985CERTIFIED COTTON GROWERS' ORGANIZATION; BORROWING; LIENS; EXECUTIONS. Code Sections 2-7-155 and 2-7-156 Amended. No. 1549 (House Bill No. 1682). AN ACT To amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Boll Weevil Eradication Act of 1985, so as to authorize the certified cotton growers' organization to borrow money or incur indebtedness for certain purposes; to provide for repayment of such funds; to provide that such borrowed money shall not constitute a debt of the State of Georgia or any department, agency, political subdivision, official, or employee thereof; to provide for liens for the payment of assessments; to provide for the issuance, levy, and collection of executions; to provide for returns; to provide

Page 1087

for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the Georgia Boll Weevil Eradication Act of 1985, is amended by adding at the end of subsection (c) of Code Section 2-7-155, relating to certification and powers of the cotton growers' organization, a new paragraph (4) to read as follows: (4) The certified cotton growers' organization is authorized to borrow money or otherwise incur indebtedness and to expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Georgia. Any indebtedness created pursuant to this paragraph shall be repaid from the assessments on cotton growers provided for in Code Section 2-7-156 or from other funds available to the certified cotton growers' organization and shall not constitute a debt of the State of Georgia or any department, agency, political subdivision, official, or employee thereof. Funds borrowed under this paragraph may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this article. Section 2 . Said article is further amended by striking Code Section 2-7-156, relating to the referendum on assessment for suppression and eradication programs, and inserting in lieu thereof a new Code Section 2-7-156 to read as follows: 2-7-156. Upon the request of the certified cotton growers' organization, the Commissioner shall conduct a referendum among all cotton growers any time after September 30, 1985, to determine whether an assessment shall be levied upon them to cover, in whole or in part, the cost of boll weevil suppression and eradication programs authorized by this article, subject to the following: (1) All affected cotton growers shall be entitled to vote and any question of eligibility shall be determined by the Commissioner;

Page 1088

(2) All assessments shall be levied on a per acre basis; (3) The per acre assessment, the period for which it shall be levied, and the geographical area to which the assessment applies shall be established by the Commissioner, upon recommendation by the board of directors of the cotton growers' organization; (4) Passage of such referendum shall require a two-thirds' majority of those growers voting and at least 50 percent of the Agricultural Stabilization and Conservation Service registered cotton growers must have voted in such referendum; (5) The Commissioner of Agriculture is authorized, and it shall be his duty, to receive, collect, hold in trust, and disburse all assessments and any other funds created under this article as trust funds of the cotton growers' organization, without complying with the requirements applicable to funds collected for the use and benefit of the state. Such funds shall not be required to be deposited in the state treasury and appropriated therefrom. All moneys collected by the Commissioner shall be deposited in a bank or other depository approved by the growers' organization and shall be disbursed by him only upon the written authorization of the certified cotton growers' organization for the administration and implementation of the boll weevil eradication program. Should the eradication program be discontinued or certification of the growers' organization be revoked by the Commissioner, any funds remaining in its hands at such time are authorized to be paid out by the Commissioner for existing obligations and for winding up the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the Commissioner to the contributing growers on a pro rata per acre basis; (6) Records maintained by the Commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the state auditor; and

Page 1089

(7) The Commissioner shall have a lien for the payment of assessments under this article which shall be of equal dignity with liens for taxes in favor of the state. The Commissioner is authorized to issue executions for the collection of such assessments in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon request of the Commissioner, to levy and collect such executions and to make their return thereof to the Commissioner in like manner as such tax executions are levied and return thereof made to county tax collectors and tax commissioners. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. BEEFLABELING; ANTIBIOTICS OR GROWTH HORMONES; GEORGIA LEAN BEEF. Code Section 26-2-30.1 Enacted. No. 1550 (House Bill No. 1984). AN ACT To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, so as to provide that the Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef; to provide for certification that beef has been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal; to provide for the certification of beef as Georgia lean; to repeal conflicting laws; and for other purposes.

Page 1090

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, is amended by adding following Code Section 26-2-30 a new Code Section 26-2-30.1 to read as follows: 26-2-30.1. (a) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from which such beef was produced. (b) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations and to establish standards for the labeling and certification of beef as `Georgia lean.' Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. VETERINARY CAREEVIDENCE; PRIVILEGED COMMUNICATIONS; EXEMPTION OF RECORDS FROM PUBLIC INSPECTION. Code Section 24-9-29 Enacted. Code Section 50-18-72 Amended. No. 1551 (House Bill No. 1986). AN ACT To amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged

Page 1091

communications in general, so as to provide a privilege for information concerning veterinary care; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that records of veterinary care shall not be open to public inspection; 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 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications in general, is amended by adding at the end thereof a new Code Section 24-9-29 to read as follows: 24-9-29. No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The privilege provided by this Code section shall be waived to the extent that the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding. Section 2 . Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by striking subsection (a) of Code Section 50-18-72, relating to records not open to public inspection, and inserting in its place a new subsection (a) to read as follows: (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to

Page 1092

disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. MENTAL HEALTHMENTALLY RETARDED PERSONS REQUIRING TEMPORARY AND IMMEDIATE CARE; CUSTODY; EXAMINATIONS; DISCHARGE; PROCEDURES; PROGRAM PLANS. Code Section 37-4-2 Amended. Code Sections 37-4-40.1, 37-4-40.2, 37-4-40.3, 37-4-40.4, and 37-4-40.5 Enacted. No. 1552 (Senate Bill No. 152). AN ACT To amend Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the mentally retarded, so as to change definitions; to provide for examining, taking into custody, transporting, and admitting to facilities certain mentally retarded persons requiring temporary and immediate care; to provide for reports and records; to provide for examination, treatment, care, and continued admission of certain mentally retarded persons in certain facilities and provide for their discharge therefrom; to provide for notices, petitions, counsel,

Page 1093

and hearings; to provide for rights of certain persons; to provide for evaluations and program plans; to authorize court actions and orders as a result of certain hearings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 37 of the Official Code of Georgia Annotated, relating to the habilitation of the mentally retarded, is amended by adding following paragraph (13) of Code Section 37-4-2, relating to definitions, a new paragraph to read as follows: (13.1) `Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. Section 2 . Said chapter is further amended by adding immediately following Code Section 37-4-40 the following new Code sections: 37-4-40.1. (a) Any physician or applied psychologist licensed in this state may execute a certificate stating that such physician or psychologist has personally examined a person within the preceding 48 hours and found that, based upon observations set forth in the certificate, the person appears to be a mentally retarded person requiring temporary and immediate care. The certificate shall expire seven days after it is executed.

Page 1094

(b) Upon receiving a certificate under subsection (a) of this Code section, any responsible family member or representative of the client named in the certificate may transport that client to the nearest facility, as defined in Code Section 37-4-2, serving the county in which the client is found. If such responsible family member or representative is unable to transport the client safely to a facility or is unwilling to transport the client to a facility, any peace officer within 72 hours after receiving that certificate shall make diligent efforts to take into custody the client named in the certificate and deliver the client to the nearest facility serving the county in which the client is found. Any peace officer who delivers a person to a facility under this Code section shall complete a written report detailing the circumstances under which the client was taken into custody. The report of a peace officer and the certificate issued under subsection (a) of this Code section be made a part of the client's clinical record. 37-4-40.2. (a) A client taken to a facility pursuant to Code Section 37-4-40.1 shall be received there for examination by a physician as soon thereafter as possible and may be given such emergency care and treatment as indicated. The client must be discharged from that facility within 48 hours, Saturdays, Sundays, and holidays excluded, after being received into the physical custody of that facility unless the superintendent of that facility, or that superintendent's designee, admits the client to the facility and files a petition for a full and fair hearing with the court of the county in which the facility is located stating that the client has been personally examined by a physician in conjunction with other interdisciplinary staff designated by the superintendent at the facility and found to be a mentally retarded person requiring temporary and immediate care, which finding shall be entered on a certificate accompanying the petition. (b) Notice of any proposed discharge under subsection (a) of this Code section shall be given to the client and the client's representatives and to any physician or applied psychologist who executed a certificate under Code Section 37-4-40.1 authorizing the transportation of the client to the facility.

Page 1095

37-4-40.3. (a) Immediately upon admission of a client to a facility under Code Section 37-40-40.2, the facility shall give the client written notice: (1) Of the client's and the client's representatives' right to petition for a writ of habeas corpus or for a protective order under Code Section 37-4-108; and (2) That the client has a right to legal counsel and that, if the client is unable to afford counsel, the court will appoint counsel. (b) A copy of the notice provided under subsection (a) of this Code section shall be sent to the client's representatives within 24 hours following the client's admission to a facility under Code Section 37-4-40.2. 37-4-40.4. (a) Filing of a petition under paragraph (1) of subsection (a) of Code Section 37-4-40.2 shall authorize continued admission of the client named in the petition pending completion of a full and fair hearing under Code Section 37-4-40.5. (b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code section, the staff of the facility in which the client is admitted and the representatives of the appropriate community mental retardation program operated by the county board of health in the client's community shall: (1) Conduct a comprehensive evaluation of the client; (2) Jointly develop an individualized program plan for the client; and (3) File a copy of the evaluation and plan with the court petitioned for a hearing udner paragraph (1) of subsection (a) of Code Section 37-4-40.2. 37-4-40.5. (a) Within 20 days after a petition for hearing is filed under paragraph (1) of subsection (a) of Code

Page 1096

Section 37-4-40.2, the court shall hold the petitioned for hearing. (b) At least seven days prior to the hearing required under subsection (a) of this Code section, the court shall have served on the client, the client's representatives, and the petitioner for the hearing a notice of the date, time, and place of the hearing, which notice to the client and the client's representatives shall also include: (1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or the client's representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that the client will have retained counsel by the time set for hearing or waives the client's right to counsel; and (3) A copy of the evaluation report and the individualized program plan developed under subsection (b) of Code Section 37-4-40.4. (c) The full and fair hearing required by this Code section shall be held as provided in subsections (f) and (g) of Code Section 37-4-42, and the court may take any action therein authorized subject to the conditions and limitations specified therein and may discharge the client from the facility to which the client was admitted. (d) Persons shall have those rights required to be specified therefor in notices pursuant to this Code section and Code Section 37-4-40.3. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1097

JUVENILE PROCEEDINGSDEPRIVED CHILDREN; PETITIONS WHEN A CHILD IS NOT RELEASED AT A DETENTION HEARING. Code Section 15-11-21 Amended. No. 1553 (Senate Bill No. 309). AN ACT To amend Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, so as to extend the time for making and presenting a petition to the court in cases when the child not released at a detention hearing is alleged to be a deprived child; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-11-21 of the Official Code of Georgia Annotated, relating to release of child where detention not warranted, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) If the child is not so released, a petition under Code Section 15-11-25 shall be made and presented to the court within 72 hours of the detention hearing; provided, however, that, if the child not so released is alleged to be a deprived child, a petition under Code Section 15-11-25 shall be made and presented to the court within five days of the detention hearing. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1098

MENTAL HEALTHOUTPATIENT TREATMENT FOR MENTALLY ILL PERSONS, ALCOHOLICS, DRUG DEPENDENT INDIVIDUALS, AND DRUG ABUSERS; PROCEDURES; STANDARDS FOR DISCHARGE; INVOLUNTARY TREATMENT. Code Title 37, Chapters 3 and 7 Amended. No. 1554 (Senate Bill No. 318). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for outpatient procedures for determining whether outpatient or inpatient treatment should be ordered for mentally ill persons, alcoholics, drug dependent individuals, and drug abusers; to change definitions; to change procedures in emergency receiving facilities, evaluating facilities, and treatment facilities regarding the examination, admission, treatment, and discharge of mentally ill persons, alcoholics, drug dependent individuals, and drug abusers; to provide new standards for discharge to outpatient treatment; to provide for notices and opportunities for hearing; to provide for procedures regarding involuntary treatment before courts and hearing examiners and orders, powers, and duties relating thereto; to provide for enforcement of orders for outpatient treatment; to change certain terms, titles, and cross references; to provide the duration of orders to obtain outpatient treatment and for review, renewal, and extensions thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Code Section 37-3-1, relating to definitions regarding treatment of mentally ill persons, and inserting in its place a new Code section to read as follows: 37-3-1. As used in this chapter, the term: (.1) `Available outpatient treatment' means outpatient treatment, either public or private, available in the

Page 1099

patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatient treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor. (1) `Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or physician appointed in writing as the designee of such chief medical officer. (2) `Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility or other entities responsible for a patient's care and treatment under this chapter and which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included. (3) `Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a county board of health or a similar program recognized by a county board of health or the Department of Human Resources. (4) `Court' means: (A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the patient or the county in which such patient is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of such court is unable to hear a case brought under this chapter within the time required for such hearing or is unavailable to issue the order specified in subsection (b) of Code Section 37-3-41, such judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia

Page 1100

and shall be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which such patient is found. (5) `Emergency receiving facility' means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter. (6) `Evaluating facility' means a facility designated by the department to receive patients for psychiatric evaluation as provided in Part 2 of Article 3 of this chapter. (7) `Facility' means any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are mentally ill; any facility operated or utilized for such purpose by the United States Veterans' Administration or other federal agency; and any other hospital or facility within the State of Georgia approved for such purpose by the department. (8) `Full and fair hearing' or `hearing' means a proceeding before a hearing examiner under Code Section 37-3-83 or Code Section 37-3-93 or before a court as defined

Page 1101

in paragraph (4) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hearing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing examiner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record. (9) `Individualized service plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following: (A) A statement of treatment goals or objectives, based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval; (B) Treatment methods and procedures to be used to obtain these goals, which methods and procedures

Page 1102

are related to these goals and which include a specific prognosis for achieving these goals; (C) Identification of the types of professional personnel who will carry out the treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law; (D) Documentation of patient involvement and, if applicable, the patient's accordance with the service plan; and (E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community. (9.1) `Inpatient' means a person who is mentally ill and: (A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other persons; or (ii) Who is so unable to care for that person's own physical health and safety as to create an imminently life-endangering crisis; and (B) Who is in need of involuntary inpatient treatment. (9.2) `Inpatient treatment' or `hospitalization' means a program of treatment for mental illness within a hospital facility setting. (9.3) `Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter.

Page 1103

(10) `Least restrictive alternative,' `least restrictive environment,' or `least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, environment, or care and treatment, respectively, within the limits of state funds specifically appropriated therefor. (11) `Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (12) `Mentally ill person requiring involuntary treatment' means a person who is an inpatient or an outpatient. (12.1) `Outpatient' means a person who is mentally ill and: (A) Who is not an inpatient but who, based on the person's treatment history or current mental status, will require outpatient treatment in order to avoid predictably and imminently becoming an inpatient; (B) Who because of the person's current mental status, mental history, or nature of the person's mental illness is unable voluntarily to seek or comply with outpatient treatment; and (C) Who is in need of involuntary treatment. (12.2) `Outpatient treatment' means a program of treatment for mental illness outside a hospital facility setting which includes, without being limited to, medication and prescription monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's mental illness so as to maintain the patient's semi-independent functioning and to prevent the patient's becoming an inpatient. (13) `Patient' means any mentally ill person who seeks treatment under this chapter or any person for whom such treatment is sought.

Page 1104

(14) `Private facility' means any hospital facility that is a proprietary hospital or a hospital operated by a non-profit corporation or association approved for the purposes of this chapter, as provided herein, or any hospital facility operated by a hospital authority created pursuant to the `Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31. (15) `Representatives' means the persons appointed as provided in Code Section 37-3-147 to receive notice of the proceedings for voluntary or involuntary treatment. (16) `Superintendent' means the chief administrative officer who has overall management responsibility at any facility receiving patients under this chapter or an individual appointed as the designee of such superintendent. (17) `Treatment' means care, diagnostic and therapeutic services, including the administration of drugs, and any other service for the treatment of an individual. (18) `Treatment facility' means a facility designated by the department to receive patients for psychiatric treatment as provided in Code Sections 37-3-80 through 37-3-84. Section 2 . Said title is further amended by striking Code Sections 37-3-43 and 37-3-44, relating to examination of mentally ill persons after emergency admission and notices relating thereto, respectively, and inserting in their place the following new Code sections to read as follows: 37-3-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be discharged within 48 hours of his admission unless: (1) The examining physician concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or

Page 1105

(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient. (b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-3-101, to an evaluating facility where he shall be received pursuant to Code Section 37-3-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-3-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-3-95 shall apply. (c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-3-41, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 37-3-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-3-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel.

Page 1106

(b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-3-148. Section 3 . Said title is further amended by striking Code Section 37-3-64, relating to detention of mentally ill persons in an evaluating facility, and inserting in its place a new Code section to read as follows: 37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless: (1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or (B) The patient is admitted for involuntary inpatient treatment under Code Section 37-3-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. (b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization

Page 1107

would be harmful to the patient, or that the patient is determined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation. Section 4 . Said title is further amended by striking Part 3 of Chapter 3 thereof, relating to treatment facilities for mentally ill persons, and inserting in its place a new Part 3 to read as follows: Part 3 37-3-80. Any state owned or state operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility. 37-3-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization

Page 1108

is sought under subparagraph (a)(1)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative

Page 1109

if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section. (b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized service plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the service plan. (c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-3-81.1 unless the hearing is waived in writing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court. 37-3-81.1. (a) At those hearings required under subsection (c) of Code Section 37-3-81 and subsection (a) of Code Section 37-3-92, the court shall determine whether the patient is a mentally ill person requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines: (1) That the patient is not a mentally ill person requiring involuntary treatment, the court shall order that the patient be immediately discharged; (2) That the patient is an outpatient, the court shall further determine, based upon either the individualized

Page 1110

service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order; (3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and: (A) The hearing under this subsection was required by subsection (c) of Code Section 37-3-81, the court shall order that the patient be discharged; or (B) The hearing under this subsection is required by subsection (a) of Code Section 37-3-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-3-62; or (4) That the patient is an inpatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treatment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is a mentally ill

Page 1111

person requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. (c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-3-85. If continued hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-3-83. (d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-3-93 and 37-3-94. 37-3-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged prusuant to subsection (b) of Code Section 37-3-91: (1) The patient fails without good cause to comply with the outpatient service plan; (2) The physician in charge of the patient's outpatient treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or (3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient, the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41. (b) With regard to a patient whom the court knows to be required to obtain involuntary outpatient treatment, the

Page 1112

court may issue any order authorized under subsection (b) of Code Section 37-3-41 only upon the court's determination, in addition to any other requirement for that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient. 37-3-83. (a) If it is necessary to continue involuntary treatment of a hospitalized patient beyond the end of the period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period shall seek an order authorizing such continued treatment in the manner provided in this Code section. The chief medical officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-3-93. (b) If the chief medical officer finds that continued involuntary treatment is necessary (1) for an individual who was admitted while serving a criminal sentence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time. (c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case.

Page 1113

(d) If the chief medical officer desires to seek an order under this Code section authorizing continued involuntary treatment for up to 12 months beyond the expiration of the currently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period. (e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. (f) If, after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not a mentally ill person requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-3-85. (g) If, after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician

Page 1114

or member of the committee, determines that the patient is a mentally ill person requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing continued involuntary treatment along with copies of the updated individualized service plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized service plan on the patient. A copy of the petition shall be served on the patient's representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-3-84 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel. (h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized service plan, and the petition. If he concludes that continued involuntary treatment may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that continued involuntary treatment is necessary, then he shall order continued involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year. (i) If a hearing is requested within 15 days of service of the petition on the patient and his representatives or if the hearing examiner orders a hearing pursuant to subsection (h) or (j) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the

Page 1115

current order of involuntary inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing, except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under Code Section 37-3-81.1 and subject to the limitations of that Code Section 37-3-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-3-81.1 shall nevertheless be discharged and provided that the hearing examiner may order the patient's continued inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power to discharge the patient under subsection (b) of Code Section 37-3-85 or under Code Section 37-3-94. In the event that an order approving continued hospitalization is entered for an individual who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical officer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order. (j) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (i) of this Code section. 37-3-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-3-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department. (b) The hearing examiners shall have the authority to:

Page 1116

(1) Administer oaths and affirmations; (2) Sign and issue subpoenas; (3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and (7) Make all appropriate orders authorized by this chapter. (c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence. 37-3-85. (a) Each individualized service plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer no longer to be a mentally ill person requiring involuntary inpatient treatment, the chief medical officer may:

Page 1117

(1) Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section 37-3-95; (2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-3-81.1 and subject to the conditions of Code Section 37-3-95; or (3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-3-24. (c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. Section 5 . Said title is further amended by adding immediately following said Part 3 of Chapter 3 thereof a new Part 4 to read as follows: Part 4 37-3-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician shall further determine and certify whether there is reason to believe the patient is: (1) An inpatient or outpatient; and (2) If an outpatient, whether: (A) There is available outpatient treatment; and

Page 1118

(B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involuntary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician. (c) A person determined and certified to be: (1) An outpatient; (2) A person for whom there is available outpatient treatment; and (3) Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. 37-3-91. (a) A person who is in the physical custody of a facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment

Page 1119

requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating or treatment facility shall occur no later than the expiration of the time period established under Code Section 37-3-64 for the discharge of a patient determined not to be a mentally ill person requiring involuntary treatment. (b) Prior to discharging the patient under subsection (a) of this Code section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the `referring facility' for purposes of this part, shall prepare an individualized service plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the `receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized service plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient. (c) A patient for whom interim outpatient treatment is arranged pursuant to subsection (b) of this Code section shall obtain that treatment or be subject to the provisions of Code Section 37-3-82. Written notice of the time, date, place, and address for that interim outpatient treatment shall be provided the patient prior to the patient's discharge, along with written notification that if the patient does not comply with the interim outpatient treatment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice

Page 1120

of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions as required by subsection (c) of Code Section 37-3-43 and subsection (d) of Code Section 37-3-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing. (d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized service plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-3-92 and include with the petition a copy of the examination report, the individualized service plan, and the address to which the patient was discharged by the referring facility. 37-3-92. (a) Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-3-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-3-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospitalized, evaluated, and treated. The patient and representatives shall have the rights specified in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section 37-3-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-3-81.1. (b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause

Page 1121

for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-3-41. (c) If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized service plan submitted with the petition for hearing. 37-3-93. (a) Pursuant to Code Section 37-3-81.1 or Code Section 37-3-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-3-81.1, shall not exceed one year. (b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall: (1) Update the patient's individualized service plan; (2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request

Page 1122

for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel. (c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized service plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer a mentally ill person requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to subsection (d) of this Code section. If the hearing examiner concludes that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year. (d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's representatives, the facility providing outpatient treatment for the patient, and, when appropriate, on counsel for the patient. The hearing examiner, within that person's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which the court is authorized to

Page 1123

issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-3-81.1 and subject to the limitations of that Code section. If the patient does not appear at the hearing, absent a showing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-3-92. (e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this article or without having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section. 37-3-94. (a) Each individualized service plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician shall discharge the patient from further compliance with the treatment. (c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. 37-3-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only be discharged from the physical custody of a facility if the

Page 1124

facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge. Section 6 . Said title is further amended by striking Code Section 37-7-1, relating to definitions regarding treatment of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows: 37-7-1. As used in this chapter, the term: (1) `Alcoholic' means a person who habitually lacks self-control as to the use of alcoholic beverages or who uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted. (2) `Alcoholic beverages' means alcoholic spirits, liquors, wines, beers, and every liquid or fluid, patented or not, containing alcoholic spirits, wine, or beer or any other liquid or fluid containing alcohol in any form and producing intoxication in any form or to any degree. (3) `Alcoholic, drug dependent individual, or drug abuser requiring involuntary treatment' means a person who is an inpatient or an outpatient. (3.1) `Available outpatient treatment' means outpatient treatment, either public or private, available in the patient's community, including but not limited to supervision and support of the patient by family, friends, or other responsible persons in that community. Outpatient treatment at state expense shall be available only within the limits of state funds specifically appropriated therefor. (4) `Chief medical officer' means the physician with overall responsibility for patient treatment at any facility receiving patients under this chapter or a physician

Page 1125

appointed in writing as the designee of such chief medical officer. (5) `Clinical record' means a written record pertaining to an individual patient and shall include all medical records, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility which pertains to the patient's hospitalization and treatment. Such other information as may be required by rules and regulations of the board shall also be included. (6) `Community mental health center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a county board of health or a similar such program recognized by a county board of health or the Department of Human Resources and shall include ambulatory day detoxification centers, methadone treatment centers, and drug counseling centers. (7) `Court' means: (A) In the case of an individual who is 17 years of age or older, the probate court for the county of residence of the patient or the county in which such patient is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of the probate court is unable to hear a case brought under this chapter within the time required for such hearing or is unavailable to issue the order specified in subsection (b) of Code Section 37-7-41, the judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and be otherwise qualified for his duties by training and experience. Such appointment may be made on a case-by-case basis or by making a standing appointment of one or more persons. Any person receiving such a standing appointment shall serve at the pleasure of the judge making the appointment or his successor in office to hear such cases if and when necessary. The compensation of a person so appointed

Page 1126

shall be as agreed upon by the judge who makes the appointment and the person appointed and as approved by the governing authority of the county for which such person is appointed and shall be paid from the county funds of the county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the patient or the county in which the patient is found. (8) `Drug dependent individual' or `drug abuser' means a person who habitually lacks self-control as to the use of opium, heroin, morphine, or any derivative or synthetic drug of that group, barbiturates, other sedatives, transquilizers, amphetamines, lysergic acid diethylamide or other hallucinogens, or any drug, dangerous drug, narcotic drug, marijuana, or controlled substance, as defined in Article 2 or Article 3 of Chapter 13 of Title 16 or Chapter 3 of Title 26; or a person who uses such drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted; provided, however, that no person shall be deemed a drug dependent individual or abuser solely by virtue of his taking, according to directions, any such drugs pursuant to a lawful prescription issued by a physician in the course of professional treatment for legitimate medical purposes. (9) `Emergency receiving facility' means a facility designated by the department to receive patients under emergency conditions as provided in Part 1 of Article 3 of this chapter. (10) `Evaluating facility' means a facility designated by the department to receive patients for evaluation as provided in Part 2 of Article 3 of this chapter. (11) `Facility' means any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization

Page 1127

of persons who are alcoholics, drug dependent individuals, or drug abusers and any other hospital or facility within the State of Georgia approved for such purpose by the department. (12) `Full and fair hearing' or `hearing' means a proceeding before a hearing examiner under Code Section 37-7-83 or Code Section 37-7-93 or before a court as defined in paragraph (7) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The patient shall be provided with effective assistance of counsel. If the patient cannot afford counsel, the court shall appoint counsel for him or the hearing examiner shall have the court appoint such counsel; provided, however, that the patient shall have the right to refuse in writing the appointment of counsel, in the discretion of the hearing examiner or the court. The patient shall have the right to confront and cross-examine witnesses and to offer evidence. The patient shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The patient shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the patient. The standard of proof shall be by clear and convincing evidence. At the request of the patient, the public may be excluded from the hearing. The patient may waive his right to be present at the hearing, in the discretion of the hearing examiner or the court. The reason for the action of the court or hearing examiner in excluding the public or permitting the hearing to proceed in the patient's absence shall be reflected in the record. (13) `Incapacitated by alcohol and drugs' means that a person, as a result of the use of alcoholic beverages, any drug, or any other substances listed in paragraph

Page 1128

(8) of this Code section, exhibits life-threatening levels of intoxication, withdrawal, or imminent danger thereof, or acute medical problems; or is under the influence of alcoholic beverages or drugs or any other substances listed in paragraph (8) of this Code section to the extent that the person is incapable of caring for himself or protecting himself due to the continued consumption or use thereof. (14) `Individualized treatment plan' means a proposal developed during a patient's stay in a facility and which is specifically tailored to the individual patient's treatment needs. Each plan shall clearly include the following: (A) A statement of treatment goals or objectives based upon and related to a proper evaluation, which can be reasonably achieved within a designated time interval; (B) Treatment methods and procedures to be used to obtain these goals, which methods and procedures are related to these goals and which include a specific prognosis for achieving these goals; (C) Identification of the types of professional personnel who will carry out the treatment and procedures, including appropriate medical or other professional involvement by a physician or other health professional properly qualified to fulfill legal requirements mandated under state and federal law; (D) Documentation of patient involvement and, if applicable, the patient's accordance with the treatment plan; and (E) A statement attesting that the chief medical officer has made a reasonable effort to meet the plan's individualized treatment goals in the least restrictive environment possible closest to the patient's home community. (14.1) `Inpatient' means a person who is an alcoholic, a drug dependent individual, or a drug abuser and:

Page 1129

(A) (i) Who presents a substantial risk of imminent harm to that person or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability of physical injury to that person or other persons; or (ii) Who is incapacitated by alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section on a recurring basis; and (B) Who is in need of involuntary inpatient treatment. (14.2) `Inpatient treatment' or `hospitalization' means a program of treatment for alcoholics, drug dependent individuals, or drug abusers within a hospital facility setting. (14.3) `Involuntary treatment' means inpatient or outpatient treatment which a patient is required to obtain pursuant to this chapter. (15) `Least restrictive alternative,' `least restrictive alternative placement,' `least restrictive environment,' or `least restrictive appropriate care and treatment' means that which is the least restrictive available alternative, placement, environment, or care and treatment, respectively, within the limits of state funds specifically appropriated therefor. (15.1) `Outpatient' means a person who is an alcoholic, drug dependent individual, or drug abuser and: (A) Who is not an inpatient but who, based on the person's treatment history or recurrent lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section, will require outpatient treatment in order to avoid predictably and imminently becoming an inpatient; (B) Who because of the person's current mental state and recurrent lack of self-control regarding the

Page 1130

use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section or nature of the person's alcoholic behavior or drug dependency or drug abuse is unable voluntarily to seek or comply with outpatient treatment; and (C) Who is in need of involuntary treatment. (15.2) `Outpatient treatment' means a program of treatment for alcoholics, drug dependent individuals, or drug abusers outside a hospital facility setting which includes, without being limited to, medication and prescription monitoring, individual or group therapy, day or partial programming activities, case management services, and other services to alleviate or treat the patient's lack of self-control regarding the use of alcoholic beverages, drugs, or any other substances listed in paragraph (8) of this Code section so as to maintain the patient's semi-independent functioning and to prevent the patient's becoming an inpatient. (16) `Patient' means any alcoholic, drug dependent individual, or drug abuser who seeks treatment under this chapter or any person for whom such treatment is sought. (17) `Private facility' means any hospital facility that is a proprietary hospital or a hospital operated by a non-profit corporation or association approved for the purposes of this chapter and a hospital facility operated by a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31. (18) `Representatives' means the persons appointed as provided in Code Section 37-7-147 to receive notice of the proceedings for voluntary or involuntary treatment. (19) `Superintendent' means the chief administrative officer who has overall management responsibility at any facility receiving patients under this chapter or an individual appointed as the designee of such superintendent. (20) `Treatment' means the broad range of emergency, outpatient, intermediate, and inpatient services

Page 1131

and care, including diagnostic evaluation, medical, psychiatric, psychological, and social service care, vocational rehabilitation, and career counseling, which may be extended to alcoholics, intoxicated persons, drug dependent individuals, and drug abusers. (21) `Treatment facility' means a facility designated by the department to receive patients for treatment as provided in Part 3 of Article 3 of this chapter. Section 7 . Said title is further amended by striking Code Sections 37-7-43 and 37-7-44, relating to examination of alcoholics, drug dependent individuals, and drug abusers after emergency admission and notices relating thereto, and inserting in their place the following new Code sections to read as follows: 37-7-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical practice. The patient must be discharged within 48 hours of his admission unless: (1) The examining physician concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician who previously executed a certificate authorized by the provisions of this chapter from executing any other certificate provided for in this chapter for the same or any other patient. (b) Within 24 hours of the execution of the physician's certificate under paragraph (1) of subsection (a) of this Code section, the patient shall be transported, as provided in Code Section 37-7-101, to an evaluating facility where he shall

Page 1132

be received pursuant to Code Section 37-7-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-7-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the provisions of Code Section 37-7-95 shall apply. (c) Notice of any proposed discharge shall be given to the patient and his representatives; if the patient was admitted to the facility under subsection (a) of Code Section 37-7-41, to the physician who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient. 37-7-44. (a) Immediately upon arrival of a patient at an emergency receiving facility under Code Section 37-7-43, the facility shall give the patient written notice of his right to petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148. This written notice shall also inform the patient that he has a right to legal counsel and that, if the patient is unable to afford counsel, the court will appoint counsel. (b) The notice informing the patient's representatives of the patient's hospitalization in an emergency receiving facility shall include a clear notification that the representatives may petition for a writ of habeas corpus or for a protective order under Code Section 37-7-148. Section 8 . Said title is further amended by striking Code Section 37-7-64, relating to detention of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Code section to read as follows: 37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63,

Page 1133

or subparagraph (a)(3)(B) of Code Section 37-7-81 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless: (1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-7-20; or (B) The patient is admitted for involuntary inpatient treatment under Code Section 37-7-81; or (2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. (b) If hospitalization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.

Page 1134

(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation. Section 9 . Said title is further amended by striking Part 3 of Article 3 of Chapter 7 thereof, relating to treatment facilities for alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new Part 3 to read as follows: Part 3 37-7-80. Any state owned or state operated facility may be designated by the department as a treatment facility. The department shall maintain a treatment facility at each regional hospital which shall accept patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility. 37-7-81. (a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(1)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of Article 3 of this chapter, which recommendation is supported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of

Page 1135

the physicians shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel; (3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician of his own choice at his own expense and to have that physician submit a suggested treatment plan for the patient which conforms with the requirements of paragraph (14) of Code Section 37-7-1; and (5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.

Page 1136

(b) If the hearing is waived, the certificate shall serve as authorization for the patient to begin treatment under the terms of the individualized treatment plan; and the chief medical officer of the facility where the patient is located shall be responsible for the supervision of the treatment plan. (c) In any case in which a patient is retained in an evaluating facility pursuant to a petition filed under subsection (a) of this Code section, the court shall hold a full and fair hearing as provided in Code Section 37-7-81.1 unless the hearing is waived in writing by the patient. The hearing shall be held no sooner than seven days and no later than 12 days after the petition is filed with the court. 37-7-81.1. (a) At those hearings required under subsection (c) of Code Section 37-7-81 and subsection (a) of Code Section 37-7-92, the court shall determine whether the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and, if so, whether the patient is an inpatient or outpatient and, unless otherwise provided in this subsection, the type of involuntary treatment the patient should be ordered to obtain. At such hearing, if the court determines: (1) That the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the court shall order that the patient be immediately discharged; (2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the

Page 1137

patient's becoming an impatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order; (3) That the patient is an outpatient who does not meet the requirements for discharge under paragraph (2) of this subsection and: (A) The hearing under this subsection was required by subsection (c) of Code Section 37-7-81, the court shall order that the patient be discharged; or (B) The hearing under this subsection is required by subsection (a) of Code Section 37-7-92, the court shall order that the patient be admitted to an evaluating facility, and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to Code Section 37-7-62; or (4) That the patient is an impatient, the court shall order that the patient shall be transported to a treatment facility where the patient shall be admitted for care and treatment, which order may also require that a period of such inpatient treatment be followed by available outpatient treatment if there is such outpatient treatment which will meet the requirements of the patient's individualized service plan and the patient will likely obtain the treatment so as to minimize the likelihood of the patient's becoming an inpatient. (b) If the court at a hearing under subsection (a) of this Code section concludes that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, it shall make findings of fact and conclusions of law in support of that conclusion as part of its final order. (c) The court may order the hospitalization of any patient pursuant to paragraph (4) of subsection (a) of this Code section for any period not to exceed six months, subject to the power of the chief medical officer to discharge the patient under subsection (b) of Code Section 37-7-85. If continued

Page 1138

hospitalization is necessary at the end of that period, the chief medical officer shall apply for an order authorizing such continued hospitalization under Code Section 37-7-83. (d) The court may order the patient to obtain available outpatient treatment under the additional conditions specified in Code Section 37-7-93 and 37-7-94. 37-7-82. (a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91: (1) The patient fails without good cause to comply with the outpatient treatment plan; (2) The physician in charge of the patient's outpatient treatment determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the patient's treatment goals is hospitalization of the patient; or (3) The conditions described in both paragraphs (1) and (2) of this subsection exist with regard to the patient, the physician in charge of the patient's outpatient treatment may execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41. In addition to any other requirements, that certificate shall specify those conditions under paragraphs (1), (2), and (3) of this subsection upon which issuance of the certificate is based. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41. (b) With regard to a patient whom the court knows to be required to obtain involuntary outpatient treatment, the court may issue any order authorized under subsection (b) of Code Section 37-7-41 only upon the court's determination, in addition to any other requirement for that order, that such patient has not complied with the involuntary outpatient treatment or that the patient reasonably appears to be an inpatient. 37-7-83. (a) If it is necessary to continue involuntary treatment of a hospitalized patient beyond the end of the

Page 1139

period during which the treatment facility is currently authorized under this chapter to retain the patient, the chief medical officer prior to the expiration of the period, shall seek an order authorizing such continued treatment in the manner provided in this Code section. The chief medical officer may seek such an order authorizing continued involuntary treatment involving inpatient treatment, outpatient treatment, or both under the procedures of this Code section and Code Section 37-7-93. (b) If the chief medical officer finds that continued involuntary treatment is necessary (1) for an individual who was admitted while serving a criminal sentence but whose sentence is about to expire or (2) for an individual who was hospitalized while under the jurisdiction of a juvenile court but who is about to reach the age of 17, the chief medical officer shall seek an order authorizing such continued treatment in the manner provided in this Code section; and this chapter shall apply fully to such a patient after that time. (c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physicians and not less than two other persons of a professional status. The committee may conduct its meetings with a quorum of any three members. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case. (d) If the chief medical officer desires to seek an order under this Code section authorizing continued involuntary treatment for up to 12 months beyond the expiration of the currently authorized period of hospitalization, he shall first file a notice of such intended action with the Committee for Continued Involuntary Treatment Review, which notice shall be forwarded to the committee at least 60 days prior to the expiration of that period.

Page 1140

(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available. (f) If, after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or a member of the committee, determines that the patient is not an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, the patient shall be immediately discharged from involuntary hospitalization pursuant to subsection (b) of Code Section 37-7-85. Such person may apply for voluntary admission pursuant to Code Section 37-7-24. (g) If after considering the committee's recommendations and minority recommendations, if any, the chief medical officer or his designee, other than the attending physician or member of the committee, determines that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, he shall, within ten days after receiving the committee's recommendations, serve a petition for an order authorizing continued involuntary treatment along with copies of the updated individualized

Page 1141

treatment plan and the committee's report on the designated office within the department and shall also serve such petition along with a copy of the updated individualized treatment plan on the patient. A copy of the petition shall be served on the patient's representatives. The petition shall contain a plain and simple statement that the patient or his representatives may file a request for a hearing with a hearing examiner appointed pursuant to Code Section 37-7-84 within 15 days after service of the petition, that the patient has a right to counsel, that the patient or his representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel or has made his own arrangements for counsel. (h) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and his representatives, the hearing examiner shall make an independent review of the committee's report, the updated individualized treatment plan, and the petition. If he concludes that continued involuntary treatment may not be necessary or if he finds any member of the committee so concluded, then he shall order that a hearing be held pursuant to subsection (i) of this Code section. If he concludes that continued involuntary treatment is necessary, then he shall order continued involuntary treatment involving inpatient treatment, outpatient treatment, or both for a period not to exceed one year. (i) If a hearing is requested within 15 days of service of the petition on the patient and his representatives or if the hearing examiner orders a hearing pursuant to subsection (h) or (j) of this Code section, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary inpatient treatment expires. Notice of the hearing shall be served on the patient, his representatives, the facility, and, when appropriate, on counsel for the patient. The hearing examiner, within his discretion, may grant a change of venue for the convenience of

Page 1142

parties or witnesses. Such hearing shall be a full and fair hearing, except that the patient's attorney, when the patient is unable to attend the hearing and is incapable of consenting to a waiver of his appearance, may move that the patient not be required to appear; however, the record shall reflect the reasons for the hearing examiner's actions. After such hearing, the hearing examiner may issue any order which the court is authorized to issue under Code Section 37-7-81.1 and subject to the limitations of that Code Section 37-7-81.1, provided that a patient who is an outpatient who does not meet the requirements for discharge under paragraph (2) of subsection (a) of Code Section 37-7-81.1 shall nevertheless be discharged and provided that the hearing examiner may order the patient's continued inpatient treatment, outpatient treatment, or both for a period not to exceed one year, subject to the power to discharge the patient under subsection (b) of Code Section 37-7-85 or under Code Section 37-7-94. In the event that an order approving continued hospitalization is entered for an individual who was admitted while serving a criminal sentence under the jurisdiction of the Department of Corrections, but whose sentence is about to expire, the chief medical officer shall serve a copy of that order upon the Department of Corrections within five working days of the issuance of the order. (j) The hearing examiner for a patient who was admitted under the jurisdiction of the juvenile court and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this chapter or without having waived such hearing shall order that a hearing be held pursuant to subsection (i) of this Code section. 37-7-84. (a) One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-7-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department. (b) The hearing examiners shall have the authority to: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas;

Page 1143

(3) Rule upon offers of proof; (4) Regulate the course of the hearing; (5) Provide for the taking of testimony by deposition; (6) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and (7) Make all appropriate orders authorized by this chapter. (c) If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence. 37-7-85. (a) Each individualized treatment plan for a patient receiving involuntary inpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient receiving involuntary inpatient treatment is found by the chief medical officer no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary inpatient treatment, the chief medical officer may: (1) Discharge the patient from involuntary outpatient or inpatient treatment, or both, subject to the conditions of Code Section 37-7-95;

Page 1144

(2) Discharge the patient from involuntary inpatient treatment and require that the patient obtain available outpatient treatment for the remaining period the patient was to have been required to obtain inpatient treatment, as long as the patient then meets the standards for being discharged to outpatient treatment under paragraph (2) of subsection (a) of Code Section 37-7-81.1 and subject to the conditions of Code Section 37-7-95; or (3) Transfer the patient to voluntary status at the patient's request, as provided in Code Section 37-7-24. (c) Notice of the discharge or the transfer of status shall be given to the patient and his representatives; if the patient's hospitalization was authorized by order of a court, to the court which entered such order; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. Section 10 . Said title is further amended by adding immediately following said Part 3 of Article 3 of Chapter 7 thereof a new Part 4 to read as follows: Part 4 37-7-90. (a) When a physician at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician shall further determine and certify whether there is reason to believe the patient is: (1) An inpatient or outpatient; and (2) If an outpatient, whether: (A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient.

Page 1145

(b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such determination is made by a physician at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician. (c) A person determined and certified to be: (1) An outpatient; (2) A person for whom there is available outpatient treatment; and (3) Likely to comply with the outpatient treatment so as to minimize the likelihood of the patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involuntary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (d) A person determined and certified to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment who does not meet all of the requirements of paragraphs (1), (2), and (3) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. 37-7-91. (a) A person who is in the physical custody of a facility and who is determined by a physician, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that

Page 1146

facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a community mental health center shall occur within four hours after the patient is examined by a physician at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating or treatment facility shall occur no later than the time period established under Code Section 37-7-64 for the discharge of a patient determined not to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. (b) Prior to discharging the patient under subsection (a) of this Code section, but within the time period the facility is authorized to retain the patient, the facility at which or on behalf of which the patient was examined, which facility shall be the `referring facility' for purposes of this part, shall prepare an individualized treatment plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the `receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized treatment plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient. (c) A patient for whom interim outpatient treatment is arranged pursuant to subsection (b) of this Code section shall obtain that treatment or be subject to the provisions of Code Section 37-7-82. Written notice of the time, date, place, and address for that interim outpatient treatment shall be provided the patient prior to the patient's discharge, along with written notification that if the patient does not comply with the interim outpatient treatment or attend or waive a hearing, the time and date of which hearing will later be provided the patient, the patient may be involuntarily admitted for examination, treatment, or both. Notice of the discharge shall be provided to persons other than the patient in the same manner and under the same conditions

Page 1147

as required by subsection (c) of Code Section 37-7-43 and subsection (d) of Code Section 37-7-64, and that notice shall also include a notice regarding the interim outpatient treatment and the consequences if the patient does not obtain the treatment or attend or waive the hearing. (d) Within three days after a referring facility has discharged a patient pursuant to subsection (a) of this Code section, that facility shall transmit to the receiving facility a copy of the referring facility's examination report, individualized treatment plan, and such other necessary clinical information the referring facility may have regarding the patient. Within five days after receiving such report, plan, and information, the receiving facility shall petition the court of the county in which the patient is located for a full and fair hearing pursuant to Code Section 37-7-92 and include with the petition a copy of the examination report, the individualized treatment plan, and the address to which the patient was discharged by the referring facility. 37-7-92. (a) Except when a hearing is waived as provided in this subsection, within 30 days after the filing of the petition under subsection (d) of Code Section 37-7-91, the court shall hold a full and fair hearing. At least ten days prior to that hearing, the court shall have served on the patient and the patient's representatives the same notices and information required by paragraphs (1) through (4) of subsection (a) of Code Section 37-7-81, as well as a notice that the patient may waive in writing the hearing but if the patient does not either attend or waive the hearing the court may order the patient to be taken into custody, hospitalized, evaluated, and treated. The patient and representatives shall have the rights specified in those notices. Hearings held pursuant to this subsection shall be held as provided in Code Section 37-7-81.1, and the court holding the hearing may issue any order authorized by and subject to the limitations of that Code Section 37-7-81.1. (b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver

Page 1148

that person to an emergency receiving facility or the referring facility if there is a physician available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-7-41. (c) If the hearing is waived as provided in subsection (a) of this Code section, that hearing shall not be held but the court shall order the patient to obtain available outpatient treatment under the individualized treatment plan submitted with the petition for hearing. 37-7-93. (a) Pursuant to Code Section 37-7-81.1 or Code Section 37-7-92, the court may order the patient to obtain available outpatient treatment for any period not to exceed one year, but the total period of involuntary treatment required by such order, including inpatient treatment within the limitations of Code Section 37-7-81.1, shall not exceed one year. (b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician shall: (1) Update the patient's individualized treatment plan; (2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request

Page 1149

for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel. (c) If a hearing is not requested by the patient or the representatives within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall make an independent review of the report, the updated individualized treatment plan, and the petition. If the hearing examiner concludes from that review that the patient is no longer an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, then that hearing examiner shall order that a hearing be held pursuant to subsection (d) of this Code section. If the hearing examiner concludes that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, then the hearing examiner shall order continued outpatient treatment for a period not to exceed one year. (d) If the hearing examiner orders a hearing pursuant to subsection (c) or (e) of this Code section or if a hearing is requested within 15 days of service of the petition on the patient and the patient's representatives, the hearing examiner shall set a time and place for the hearing to be held within 25 days of the time the hearing examiner receives the request but in any event no later than the day on which the current order of involuntary outpatient treatment expires. Notice of the hearing shall be served on the patient, the patient's representatives, the facility providing outpatient treatment for the patient, and, when appropriate, on counsel for the patient. The hearing examiner, within that person's discretion, may grant a change of venue for the convenience of parties or witnesses. Such hearing shall be a full and fair hearing. After such hearing, the hearing examiner may issue any order which the court is authorized to

Page 1150

issue under paragraphs (1), (2), and (3) of subsection (a) of Code Section 37-7-81.1 and subject to the limitations of that Code section. If the patient does not appear at the hearing, absent a showing of good cause, the hearing examiner may issue any order the court is authorized to issue under subsection (b) of Code Section 37-7-92. (e) The hearing examiner for a patient who is ordered to obtain available outpatient treatment, who is under the jurisdiction of the juvenile court, and who reaches the age of 17 without having had a full and fair hearing pursuant to any provisions of this article or without having waived such hearing shall order that a hearing be held pursuant to subsection (d) of this Code section. 37-7-94. (a) Each individualized treatment plan for available outpatient treatment shall be reviewed at regular intervals to determine the patient's progress toward the stated goals and objectives of the plan and to determine whether the plan should be modified because of the patient's present condition. These reviews should be based upon relevant progress notes in the patient's clinical record and upon other related information; and input from the patient should be obtained and utilized where feasible. (b) Any time a patient is found by the physician in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician shall discharge the patient from further compliance with the treatment. (c) Notice of the discharge under subsection (b) of this Code section shall be given to the patient and his representatives; to the court which originally ordered such involuntary treatment; and, if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. 37-7-95. Notwithstanding any other provisions of any part of this article, a patient under criminal charges, notice of which has been given in writing to the facility, may only

Page 1151

be discharged from the physical custody of a facility if the facility, by certified mail, provides written notification of the proposed discharge to the law enforcement agency originally having custody of the patient and the patient is discharged into the physical custody of a peace officer from that agency. That agency shall be required to assume such physical custody within five days after receipt in writing of the notification of proposed discharge. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. BONDS FOR GOOD BEHAVIORRETURN OF WARRANTS; PROCEDURES; CONTEMPT. Code Sections 17-6-90 and 17-6-93 Amended. Code Section 17-6-94 Enacted. No. 1555 (Senate Bill No. 334). AN ACT To amend Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, so as to change provisions relating to the terms of and duration of bonds; to change provisions relating to release on bond; to provide for the court to which bonds shall be returnable; to provide contempt proceedings for violation of bonds; to provide for contempt proceedings against a prosecuting witness in certain circumstances; 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:

Page 1152

Section 1 . Part 1 of Article 4 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds for good behavior, is amended by striking Code Section 17-6-90, relating to issuance of warrants and proceedings for bonds, and inserting in its place a new Code section to read as follows: 17-6-90. (a) Any judicial officer authorized to hold a court of inquiry may, upon the information of others under oath or upon his own motion, issue a warrant against any person in the county whose conduct is such as to justify the belief that the safety of any one or more persons in the county or the peace or property of the same is in danger of being injured or disturbed thereby. Upon the return of the warrant and upon sufficient cause being shown, the court may require from the person a bond with sureties for his good behavior until the next term of the superior court of the county or for a period of 60 days, whichever is greater. Any person against whom a warrant issues must, within 24 hours, be brought for a hearing before the court which issued the warrant or be released on bond by the sheriff, the amount and reasonable conditions of such bond to be set by the court which issued the warrant. (b) All bonds posted under this Code section shall be returnable in the court which issued the warrant and shall be amendable in the court's discretion. Within seven days after being released on bond by the sheriff, the person shall be entitled to a hearing before the court which issued the warrant. The court may, on its own motion, require a hearing. (c) If it is determined at a hearing that there was not sufficient cause for the warrant to have been issued, the affiant who caused the warrant to be issued shall pay all court costs. Section 2 . Said part is further amended by striking Code Section 17-6-93, relating to extension of bonds, surrender of principals, and expiration of bonds, and inserting in its place a new Code section to read as follows: 17-6-93. A bond for good behavior posted pursuant to Code Section 17-6-90 may be extended from term to term

Page 1153

by the superior or state court, as the case may be, or for additional 60 day periods by the court which issued the warrant, whichever is greater, in its discretion. The sureties on the bond shall have the privilege of surrendering their principal as in other cases of bail. Section 3 . Said part is further amended by adding a new Code Section 17-6-94 to read as follows: 17-6-94. Upon oral or written complaint by the injured party or upon motion by the prosecuting attorney, the court may, in its discretion, issue a rule for contempt against a party who violates the bond posted pursuant to Code Section 17-6-90. Upon hearing the rule, if the court finds that there has been a violation of the bond, the court may, in addition to the remedy provided in Code Section 17-6-92, impose a sentence for contempt of court. If it should appear to the court from the evidence and the court finds that the violation of the bond was provoked or brought about by the conduct of the prosecuting witness, the witness may be ruled for contempt of court and sentenced as provided by law. Section 4 . This Act shall become effective July 1, 1986, and shall apply to proceedings initiated on or after said effective date. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1154

STATE RECORDS COMMITTEEMICROFORM STANDARDS; LIABILITY. Code Section 50-18-120 and 50-18-121 Amended. Code Section 50-18-122 through 50-18-126 Repealed. No. 1556 (Senate Bill No. 352). AN ACT To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents so as to repeal certain provisions relating to microforms; to require the concurrence of the Administrative Office of the Courts with respect to certain microform standards applicable to the courts; to change certain provisions relating to limitations on liability; to provide authority for the establishment of microform standards; to provide for applicability of other provisions of law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 6 in its entirety and inserting in lieu thereof a new Article 6 to read as follows: ARTICLE 6 50-18-120. The authority for the establishment of microform standards shall be vested in the State Records Committee. All powers and duties of the State Records Committee as provided in Article 5 of this chapter shall be applicable to the establishment and maintenance of microform standards in this state. With respect to microform standards for the courts, the concurrence of the Administrative Office of the Courts shall be required for the establishment of such standards. 50-18-121. Any public official or his employee who makes a bona fide attempt at compliance with the standards

Page 1155

established under this article shall not be liable for any damages arising from the failure of the microform to meet such standards. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. PROFESSIONS AND BUSINESSESENGAGING IN A PROFESSION OR BUSINESS WITHOUT A PROPER LICENSE; SANCTIONS; CEASE AND DESIST ORDERS; PENALTIES; VENUE. Code Section 43-1-20.1 Enacted. No. 1557 (Senate Bill No. 368). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions concerning the state examining boards, so as to authorize state examining boards to provide for sanctions against persons engaging in the practice of a business or profession without a proper license; to provide for cease and desist orders; to provide penalties; to provide for judicial review; to provide for venue; to provide for applicability; 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 concerning the state examining boards, is amended by adding between Code Sections 43-1-20 and 43-1-21 a new Code Section 43-1-20.1 to read as follows:

Page 1156

43-1-20.1. (a) Notwithstanding any other provisions of the law to the contrary, after notice and hearing, a state examining board may issue a cease and desist order prohibiting any person from violating the provisions of this title by engaging in the practice of a business or profession without a license. (b) The violation of any cease and desist order of a state examining board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each transaction constituting a violation thereof. Each day that a person practices in violation of this title shall constitute a separate violation. (c) Initial judicial review of the decision of the board entered pursuant to this Code section or an action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board. (d) Nothing in this Code section shall be construed to prohibit a state examining board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1157

GEORGIA ASBESTOS SAFETY ACTENACTED; ASBESTOS LICENSING BOARD CREATED; LICENSING OF CONTRACTORS; ASBESTOS REMOVAL AND ENCAPSULATING; INSPECTIONS. Code Title 12, Chapter 12 Enacted. No. 1558 (Senate Bill No. 409). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for the protection of public health, safety, and the environment by establishing an Asbestos Licensing Board; to provide a short title; to provide definitions; to provide a program of licensing and certification; to provide a statement of purpose; to establish the state agencies and officials responsible for administering the chapter; to provide for the creation of the Asbestos Licensing Board; to provide for reimbusement of board members; to provide for the powers and duties of the board; to provide for the powers, duties, and responsibilities of the Board of Natural Resources; to provide for the powers, duties, and responsibilities of the director; to provide for contractor licensing; to provide for contractor licensing and asbestos foreman certification; to recognize reciprocity among states; to provide for revocation of licenses; to provide for notification, fees, and certification concerning asbestos removal; to provide for inspections and investigations; to declare certain acts unlawful; to provide for application by the director for injunctive relief; to authorize the director to issue orders; to provide for emergency powers; to provide for civil penalties; to provide for hearings on contested matters; to provide for judgment in accordance with final orders; to provide for representation by the Attorney General; to provide no conflict with federal laws; to provide no liability for damages; to provide a termination date; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is

Page 1158

amended by adding at the end thereof a new Chapter 12 to read as follows: CHAPTER 12 12-12-1. This chapter shall be known and may be cited as the `Georgia Asbestos Safety Act.' 12-12-2. It is the purpose of this chapter to protect the public health, safety, and environment of the people of this state by establishing an Asbestos Licensing Board to adopt, administer, and enforce a program for licensing contractors and for certifying asbestos foremen engaged in the removal or encapsulation of friable asbestos-containing materials from facilities and residential dwellings in accordance with the provisions of this chapter and regulations issued pursuant to this chapter. It is the further purpose of this chapter to establish a program of notification, fees, and certification for asbestos removal or encapsulation projects to be administered by the director of the Environmental Protection Division of the Department of Natural Resources. 12-12-3. As used in this chapter, the term: (1) `Asbestos' means any naturally-occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomite-grunerite, amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite. (2) `Asbestos foreman' means any individual who is employed or engaged by a contractor to supervise the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials. (3) `Board' means the Asbestos Licensing Board as established by this chapter. (4) `Contractor' means any person who contracts with an owner or operator of a facility or residential dwelling to perform the removal or encapsulation of friable asbestos-containing material from any such facility or residential dwelling. `Contractor' shall not include any employee of such owner or operator.

Page 1159

(5) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia or his designee. (6) `Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (7) `Emergency project' means the removal or encapsulation of friable asbestos-containing material from any facility where such activity must be conducted immediately in order to prevent disruption of a commercial or industrial process or activity or destruction of property. (8) `Encapsulation' means to coat, bind, or resurface walls, ceilings, pipes, or other structures with a sealant to prevent friable asbestos from becoming airborne. (9) `Facility' means any institutional, commercial, or industrial structure, installation, or building, including apartment buildings having more than four dwelling units. (10) `Friable asbestos-containing material' means any material which is applied onto ceilings, walls, structural members, piping, boilers, tanks, pumps, ductwork, or any other part of the building containing more than 1 percent asbestos, by weight, and which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. (11) `Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and federal governments. (12) `Project' means the removal or encapsulation by a contractor of friable asbestos-containing material from any facility or residential dwelling. (13) `Removal' means to take out, strip, clean up, or dispose of friable or potentially friable asbestos-containing materials from any facility or residential dwelling as defined by this chapter.

Page 1160

(14) `Residential dwelling' means any family residence or apartment building with four or fewer dwelling units. (15) `Small project' means any asbestos removal or encapsulation project involving less than 160 square feet or 260 linear feet of friable asbestos-containing materials. 12-12-4. (a) There is created a state Asbestos Licensing Board to adopt, administer, and enforce a program of licensing for contractors and certification for asbestos foremen. The board shall consist of seven members, each of whom shall be appointed by the Governor, subject to confirmation by the Senate. The initial board members shall begin their terms of office on July 1, 1986. The first appointees shall serve their terms as follows: four members for two years and three members for four years. Thereafter, each member shall serve a term of four years and until his successor is appointed. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term subject to confirmation by the Senate. 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. (b) The board must include among the appointed members one contractor engaged in asbestos abatement activities, one building owner or facility administrator, one registered professional engineer, one industrial hygienist familiar with asbestos abatement activities, one representtive of labor, one licensed architect, and one person chosen at large who shall have no connection whatsoever with any profession related to asbestos abatement activities. 12-12-5. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 12-12-6. (a) The director shall act as the administrative agent for the board.

Page 1161

(b) The division shall have the duty to bring together and keep all records of the board, to receive all applications for licenses and certificates, to schedule a time and place for all hearings, to issue certificates upon authority of the board, to collect all fees, and to remit such fees to the state treasury. (c) All orders and processes of the board shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the board may be served upon the director. 12-12-7. In carrying out this chapter, the board shall have and may exercise the following powers and duties: (1) To adopt and amend rules and regulations which may be reasonably necessary to provide for its own government and to govern the licensing of contractors, the certification of asbestos foremen, and the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; (2) To establish annual license and certification fees to recover the cost of processing applications; (3) To pay into the state treasury all fees and moneys received by it; (4) To license contractors; (5) To certify asbestos foremen; and (6) To refuse to grant licenses or certifications, or to suspend or revoke licenses or certifications in a manner consistent with this chapter. 12-12-8. The Board of Natural Resources shall have and may exercise the power to adopt and amend rules and regulations which may be necessary to ensure proper performance of asbestos removal and encapsulating projects and compliance with any provision of this chapter related thereto, to

Page 1162

implement the programs of inspection and enforcement authorized in this chapter, and to adopt a schedule of project fees as required in this chapter. The Board of Natural Resources is expressly empowered to promulgate the rules and regulations consistent with this chapter to ensure the proper performance of asbestos removal and encapsulating projects commenced on and after April 1, 1986, and prior to the effective date of the licensing and certification requirements in this chapter. 12-12-9. The director shall have and may exercise the following powers and duties: (1) To serve as technical secretary to the board. The technical secretary shall assist and advise the board in the conduct of its duties, to include recommending rules and regulations for contractor licensing and asbestos foreman certification, recommending actions to be taken concerning license or certification revocation or suspension, and coordinating activities between the board and the division; (2) To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter; (3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this chapter and all rules and regulations promulgated under this chapter; (4) To conduct such public hearings as are deemed necessary for the proper administration of this chapter; (5) To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, rules and regulations promulgated pursuant to this chapter, and any orders which the director may issue; (6) To institute and prosecute such court actions as may be necessary to enforce compliance with any provisions of this chapter and any rules and regulations promulgated under this chapter;

Page 1163

(7) To exercise all incidental powers necessary to carry out the purpose of this chapter; and (8) To encourage voluntary cooperation by persons in affected groups to achieve the purpose of this chapter. 12-12-10. (a) From and after April 1, 1987, any contractor shall obtain a license under this chapter from the board prior to engaging in the removal or encapsulation of friable asbestos-containing materials from any facility or residential dwelling in this state. (b) The application for license shall be made in the manner and form required by the board. An application for license or renewal of a license shall be accompanied by an application fee in the amount required by the board and proof of such training, examination, and experience as are required by the board. (c) The board shall license all applicants for licenses under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Licenses shall be valid for a period of one year. Licenses shall be renewable upon application to the board and upon satisfaction of the renewal requirements of the board. 12-12-11. (a) From and after April 1, 1987, no person may be employed as an asbestos foreman unless that person is certified by the board. (b) The board shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of training approved by the board. Application for certification shall be made on forms prescribed and furnished by the board and shall be accompanied by a fee as prescribed by the board. (c) A certification shall expire after one year. Applications for the renewal of a certification shall be filed with the board within 30 days of the expiration date.

Page 1164

12-12-12. The board, upon application and without more, may issue a certificate or license in a comparable classification to any person who holds a certificate or license in any state, territory, or possession of the United States, provided that the requirements for licensure of asbestos abatement contractors or asbestos foremen under which the person's license or certificate was issued do not conflict with this chapter and are of a standard not lower than that specified by regulations adopted under this chapter; provided, further, that reciprocal privileges are granted to licensed asbestos abatement contractors and asbestos foremen of this state. 12-12-13. (a) The board, after notice and opportunity for a hearing, may refuse to grant a license or certificate to an applicant therefor or may revoke or suspend the license or certificate of a person licensed or certified by the board upon a finding that the licensee, certificant, or applicant has: (1) Made any false statement or given any false information in connection with an application for license or certificate, including an application for renewal thereof; (2) Knowingly violated this chapter or violated any rule or regulation promulgated pursuant to the authority contained in this chapter; or (3) Failed to demonstrate the qualifications or standards for licensure or certification 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 board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or certification. (b) Any notice by the board shall be served upon the licensee, certificant, or applicant by either certified mail or personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 20 days from the date of such mailing or 15 days from the date of

Page 1165

such personal service, through which time the licensee, certificant, or applicant shall be given the right to petition the board in writing for a hearing. If no such request for hearing is filed with the board during this time period, the proposed action will become final. A petition for hearing shall be considered filed on the date it is received in the director's office. (c) Any hearing under this Code section shall be before an administrative law judge appointed by the board. 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 to such chapter. The decision of the administrative law judge shall constitute the final decision of the board. (d) (1) If the administrative law judge finds that any applicant for licensure or certification is unqualified to be granted such license or certificate, he may: (A) Deny the application for licensure or certification; or (B) Limit or restrict any license or certificate for a definite period of time. (2) If the administrative law judge finds that the license or certificate of any holder thereof should be revoked or otherwise sanctioned, he may take any one or more of the following actions: (A) Suspend any license or certificate for a definite period of time; (B) Limit or restrict any license or certificate for a definite period of time; (C) Revoke a license or certificate; or (D) Place a licensee or certificant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.

Page 1166

(e) Judicial review of a final decision of the administrative law judge under this Code section shall be had in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 12-12-14. From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; however, the contractor shall notify the director of the activity within seven calendar days after the commencement of such project. The notification shall be made in the manner and form required by the director and shall be accompanied by a project fee established by the Board of Natural Resources. In no case, however, shall the project fee exceed $50.00 for asbestos abatement in a residential dwelling or any small project as defined in this chapter, nor shall it exceed $1,000.00 for any other project. The notification shall state the location of the project, the owner's name and address, the expected dates on which the project will begin and end, and any other information as may be required by the director. The contractor shall comply with this chapter, regulations promulgated pursuant to this chapter, and any regulation pertaining to asbestos removal promulgated under Chapter 9 of this title, `The Georgia Air Quality Act of 1978.' Upon completion of the project, the contractor shall certify to the director, on forms specified by the director, that the project was conducted in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter and Chapter 9 of this title, `The Georgia Air Quality Act of 1978.' 12-12-15. It shall be unlawful to, and no person shall, either as an asbestos foreman or contractor, engage in the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter and all rules, regulations, and orders established under this chapter. 12-12-16. The director or his authorized employees of the division, upon a presentation of his credentials, shall

Page 1167

have a right to enter into, upon, or through premises of persons subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance with the requirements imposed under this chapter; or to determine whether such a violation or threatened violation exists. The contractors shall make available to the director or his authorized representative such records, data, and other information as may be required by this chapter or rules and regulations issued pursuant to this chapter. 12-12-17. Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable. 12-12-18. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter; and, upon a showing by the director that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 12-12-19. Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-18 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding

Page 1168

Code Section 12-12-21, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-18 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter. 12-12-20. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he may, upon written request, 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 as are in accordance with the law there involved. The decision of the administrative law judge shall constitute the final decision of the Board of Natural Resources and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-12-2. (c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury. 12-12-21. All hearings on and judicial review of orders or other administrative enforcement actions of the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-1-1. 12-12-22. Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review

Page 1169

may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court. 12-12-23. It shall be the duty of the Attorney General to provide legal representation to the board and to the director in connection with this chapter. 12-12-24. It is not the intent of this chapter to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the Toxic Substances Control Act or the Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the Occupational Safety and Health Act or by other applicable federal statutes. 12-12-25. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, the Board of Natural Resources, or the division. No action shall be brought against the state, the board, the Board of Natural Resources, the division, or any member, officer, or employee of these governmental bodies for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the board, the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings. 12-12-26. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment,

Page 1170

or Termination of Regulatory Agencies,' the Asbestos Licensing Board shall be terminated on April 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 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. PENAL INSTITUTIONSWARDENS AND SUPERINTENDENTS DEPUTIZING PERSONS IN THEIR EMPLOY; CONFERRING POLICE OFFICER'S POWERS ON PERSONS EMPLOYED BY THE COMMISSIONER OF CORRECTIONS. Code Sections 42-5-34 and 42-5-35 Amended. No. 1559 (Senate Bill No. 436). AN ACT To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, so as to permit wardens and superintendents to deputize persons in their employ; to permit the commissioner of corrections to confer police officer's power to necessary people in his employment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1171

Section 1 . Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional institutions of the state and counties, is amended by striking Code Section 42-5-34 in its entirety and inserting in lieu thereof a new Code Section 42-5-34 to read as follows: 42-5-34. Wardens and superintendents shall have authority to deputize any person in their employ. Wardens, superintendents, and their deputies are legally constituted arresting officers, with or without warrants, for the purpose of arresting persons violating Code Sections 42-5-14 through 42-5-18. Any person resisting arrest shall be dealt with as the law directs for resisting an officer. Section 2 . Said chapter is further amended by striking in its entirety Code Section 42-5-35, which reads as follows: 42-5-35. (a) The board may adopt and promulgate rules and regulations conferring all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon the commissioner, any deputy of the commissioner, any departmental investigator, any correctional officer of the department, or any warden, deputy warden, assistant warden, superintendent, deputy superintendent, assistant superintendent, or correctional officer of any state or county institution operated under the jurisdiction of the department. (b) All powers of a police officer of this state, including, but not limited to, the power to make summary arrest for violations of any of the criminal laws of this state and the power to carry weapons, are conferred upon canine handlers employed by the department when engaged in their official duties or in the apprehension of any person, known or unknown, regardless of whether that person has been previously convicted of or is only suspected of committing a crime. (c) The department is authorized to assist local and state law enforcement officers in the apprehension of persons convicted of or suspected of committing a crime by making canine handlers and canines trained in such apprehension available to such law enforcement officers.,

Page 1172

and inserting in lieu thereof a new Code Section 42-5-35 to read as follows: 42-5-35. The commissioner may confer all powers of a police officer of this state, including, but not limited to, the power to make summary arrests for violations of any of the criminal laws of this state and the power to carry weapons, upon persons in his employment as he deems necessary, provided that individuals so designated meet the requirements specified in all applicabel laws. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. EDUCATIONINSURANCE; JOINT PURCHASE BY BOARDS OF EDUCATION; JOINT SELF-INSURANCE PROGRAMS; INTERLOCAL RISK MANAGEMENT AGENCIES. Code Sections 20-2-2001 through 20-2-2020 Enacted. No. 1560 (Senate Bill No. 440). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to authorize the joint purchase of insurance by boards of education of county and independent school systems; to authorize joint self-insurance programs for boards of education and school systems; to provide for definitions; to provide for

Page 1173

contracts; to provide for interlocal risk management agencies and the powers, duties, and management thereof; to provide for plans and funds; to provide for the pooling of risks; to provide for records, practices, and procedures; to provide for rules and regulations; to provide for excess insurance; to provide for joint self-insurance programs by the Commissioner of Insurance; to provide for certificates of authority and applications for certificates of authority; to provide minimum surplus requirements; to provide limitations on investments; to provide for joint and several liability in self-insurance programs; to provide requirements for administrators and contracts with administrators; to provide for revocation or suspension of certificates of authority; to provide for hearings; to provide for special assessments; to provide exemptions from taxation; to provide for audits and periodic examinations; to provide for construction; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding at the end thereof a new Article 28 to read as follows: ARTICLE 28 20-2-2001. As used in this article, the term: (1) `Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency. (2) `Board of education' or `board' means a public board of education of any county or of any independent school system of this state. (3) `Commissioner' means the Commissioner of Insurance. (4) `Group self-insurance fund' or `fund' means a pool of public moneys established by an interlocal risk

Page 1174

management agency from contributions of its members in order to pool the risks of public liability, motor vehicle liability, property damage, or any combination of such risks. (5) `Interlocal risk management agency' or `agency' means an association formed by boards of education by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds. (6) `Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the processing and defense of claims brought against members of the agency. (7) `Motor vehicle liability' means liability to which a board of education or school system may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. (8) `Property damage' means loss to which a board of education or school system may be subject by reason of physical damage or destruction to real or personal property owned or leased by such board of education or school system. (9) `Public liability' means liability for bodily injury, death, or damage to property owned by others to which a board of education or school system may be subject either directly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment. (10) `School system' means any county school system or any independent school system of any municipality of this state.

Page 1175

20-2-2002. (a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may: (1) Pool its public liability risks in whole or in part with those of other boards of education; (2) Pool its motor vehicle liability risks in whole or in part with those of other boards of education; (3) Pool its property damage risks in whole or in part with those of other boards of education; or (4) Jointly purchase public liability, motor vehicle liability, or property damage insurance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy or policies with the total premium apportioned among such participants. (b) There shall be only one interlocal risk management agency established for boards of education; provided, however, if the Commissioner determines that there are special or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance. (c) All arrangements and agreements made under the authority of this article shall be in writing. A board of education may become a member of an interlocal risk management agency by the adoption of a resolution by the board of education. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creating such agency and shall have the power to bring and defend actions in all courts.

Page 1176

(d) All books, records, and files maintained by any administrator of any fund established by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand. 20-2-2003. Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the agency in accordance with the provisions of the intergovernmental contract establishing the agency and shall be authorized to adopt such bylaws, rules, and regulations as may be necessary or desirable in administering such agency. 20-2-2004. An interlocal risk management agency created pursuant to this article is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer. 20-2-2005. (a) No interlocal risk management agency shall establish a group self-insurance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this article. (b) The Commissioner shall not be authorized to issue any certificate of authority pursuant to this Code section prior to April 30, 1987. Any application for a certificate of authority pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promulgated or enacted prior to the issuance of the certificate of authority. (c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth: (1) The name of the agency;

Page 1177

(2) The location of the agency's principal office; (3) The names and addresses of the members of the agency; (4) The names and addresses of the members of each fund; (5) The name and address of a Georgia resident designated and appointed as each fund's proposed registered agent for service of process in this state; (6) The names and addresses of the members of the board of trustees of the agency; (7) A copy of the bylaws of the agency; (8) A copy of the intergovernmental contract establishing the agency; (9) A copy of the agreement or agreements establishing each fund; (10) A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund; (11) A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner; (12) A copy of each contract, endorsement, and application form proposed to be issued or used in connection with each fund. Such contracts, endorsements, applications, or revisions thereto shall be filed with and approved by the Commissioner prior to their use; and (13) A copy of the rates, rating systems, and rates proposed to be used in connection with each fund. Such rates, rating systems, rules, and any revision thereto shall be filed with and approved by the Commissioner prior to their use.

Page 1178

(c) A fund authorized by this article may be established by an agency only if the agency has enrolled members which: (1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00; (2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00; (3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or (4) For each fund which includes motor vehicle liability, public liability, and property damage shall generate an annual gross premium of not less than $800,000.00. 20-2-2006. (a) The Commissioner shall examine the application made under Code Section 20-2-2005 to determine whether the agency and any established fund will be able to comply with this article and applicable rules and regulations. If the Commissioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency. (b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund. (c) Except as otherwise provided in subsection (b) of Code Section 20-2-2005, the Commissioner shall approve or disapprove the application for a certificate of authority within 60 days of receipt by him of the application and all of the supporting information requested. (d) The Commissioner may refuse to issue or renew or may suspend or revoke the certificate of authority of any agency, in accordance with Code Section 20-2-2012, for failure of the agency to comply with any provision of this article

Page 1179

or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto. (e) The certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner. 20-2-2007. Each fund formed pursuant to this article shall possess and thereafter maintain minimum surplus in an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the minimum surplus required by this Code section. 20-2-2008. The investable assets of a fund may be invested in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. 20-2-2009. Each board of education shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such board was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and provided, further, that this legal obligation may be enforced by an assessment against such member as provided in the bylaws of the agency. 20-2-2010. (a) If an agency contracts with an administrator, the agency and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall contain at least the following: (1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or

Page 1180

insurance coverage as may be required to be maintained by this article; and (2) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner be maintained at all times by the administrator. (b) The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved. (c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request. 20-2-2011. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund. (c) Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents. 20-2-2012. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that: (1) Any certificate of authority issued to the agency was obtained by fraud;

Page 1181

(2) There was any material misrepresentation in the application for the certificate of authority; (3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has otherwise shown itself to be untrustworthy or incompetent; (4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this article or the rules and regulations of the Commissioner promulgated pursuant to this article; (5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or (6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members. (b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury.

Page 1182

(c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless: (1) Written approval is first obtained from the Commissioner; and (2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made. 20-2-2013. Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees. 20-2-2014. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33. 20-2-2015. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this article, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency. (b) If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this article. (c) If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as

Page 1183

the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation. 20-2-2016. The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this article. 20-2-2017. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this article may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 20-2-2018. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner. 20-2-2019. Each fund established under this article shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members. 20-2-2020. The exercise by a board of education of the authority provided in this article shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1184

MOTOR VEHICLE INSURANCEPERSONAL MOTOR VEHICLES OF LAW ENFORCEMENT OFFICERS; SURCHARGES; MULTI-VEHICLE ACCIDENTS. Code Sections 33-9-39 and 33-9-40 Enacted. No. 1561 (Senate Bill No. 447). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, so as to provide that insurers shall not surcharge the premium or rate charged for a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of a law enforcement officer under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rule making, insurance rates, and related organizations, is amended by adding at the end thereof a new Code section, to be designated Code Section 33-9-39, to read as follows: 33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance, which provides coverage for the personal motor vehicles of any law enforcement officer in this state, any accident: (1) Which occurred while the law enforcement officer was lawfully engaged in the performance of official duties; and (2) Which occurred while the law enforcement officer was driving an official vehicle of the law enforcement agency; and (3) For which the law enforcement officer furnishes proof, in the form of copies of the law enforcement agency's

Page 1185

documents, to the insurer of the conditions provided in paragraphs (1) and (2) of this Code section. 33-9-40. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person's involvement in a multi-vehicle accident when such person was not at fault in such accident. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986. MOTOR VEHICLES AND TRAFFICLIGHTS ON WRECKERS AND VEHICLES TOWED BY WRECKERS. Code Section 40-8-21 Amended. No. 1562 (Senate Bill No. 463). AN ACT To amend Code Section 40-8-21 of the Official Code of Georgia Annotated, relating to the visibility and mounting of lights on vehicles, so as to require tail lights, brake lights, and turn signals to be mounted on wreckers or on vehicles being towed by wreckers so as to be visible to the drivers of vehicles following such wreckers; to provide a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-21 of the Official Code of Georgia Annotated, relating to the visibility and mounting of lights on vehicles, is amended by striking subsection (b) and inserting in lieu thereof new subsections (b) and (c) to read as follows:

Page 1186

(b) Except as provided in subsection (c) of this Code section, whenever this article declares the required mounted height of lights or devices, it shall mean the distance from the center of such light or device to the level ground upon which the vehicle stands when such vehicle is without a load. (c) (1) As used in this subsection, the term `wrecker' means any vehicle designed to tow other vehicles. (2) Except as provided in paragraph (3) of this subsection, the tail lights required by Code Section 40-8-23, the brake lights required by Code Section 40-8-26, and the rear turn signal devices required by Code Section 40-8-26 shall be permanently mounted on a wrecker so as to be visible above any vehicle being towed by such wrecker by the drivers of vehicles following such wrecker. (3) If a wrecker is not permanently equipped with lights as required by paragraph (2) of this subsection, then whenever a wrecker is towing another vehicle temporary tail lights, brake lights, and rear turn signals which function so as to signal the actions of the wrecker shall be attached to the vehicle being towed so as to be visible by the drivers of vehicles following such wrecker. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1187

EMINENT DOMAINSTATE COMMISSION ON THE CONDEMNATION OF PUBLIC PROPERTY CREATED; ACQUISITION OF PUBLIC PROPERTY. Code Sections 20-3-58, 22-2-130, 32-3-4, 32-6-112, and 50-16-44 Amended. Code Sections 50-16-180 through 50-16-183 Enacted. No. 1565 (House Bill No. 1361). AN ACT To amend Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the State Commission on the Condemnation of Public Property; to provide definitions; to provide for the membership and the powers and duties of the commission; to provide for the acquisition of public property or an interest therein by certain state agencies by condemnation and the power of eminent domain; to authorize certain state agencies to acquire public property or any interest therein by condemnation and the power of eminent domain; to specify procedures and limitations in acquiring public property or any interest therein; to provide that determinations and rule making of the commission shall not be subject to the Georgia Administrative Procedure Act; to provide for other matters relative to the foregoing; to amend Code Section 20-3-58 of the Official Code of Georgia Annotated, relating to the condemnation of private property by the Board of Regents of the University System of Georgia, so as to provide that the board of regents may acquire public property or an interest therein by condemnation under certain circumstances; to amend Code Section 22-2-130 of the Official Code of Georgia Annotated, relating to the authority to condemn private property by petition to the superior court for judgment in rem, so as to provide that such condemnation procedure shall apply to the condemnation of public property or an interest therein by certain state agencies; to amend Code Section 32-3-4 of the Official Code of Georgia Annotated, relating to the condemnation of private property and property interests for public road purposes, so as to provide that certain condemnation procedures shall apply to the condemnation of public property or an interest therein by the Department of Transportation; to amend Code Section 32-6-112 of the Official

Page 1188

Code of Georgia Annotated, relating to the acquisition of property and property rights for limited-access roads, so as to revise the provisions thereof; to provide for the acquisition of public property or an interest therein by condemnation for limited-access road purposes by the Department of Transportation under certain circumstances; to amend Code Section 50-16-44 of the Official Code of Georgia Annotated, relating to the power of eminent domain and the State Properties Commission, so as to provide for the acquisition of public property or an interest therein by condemnation by the commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, is amended by adding at the end thereof a new Article 7 to read as follows: ARTICLE 7 50-16-180. (a) As used in this article, the term: (1) `Commission' means the State Commission on the Condemnation of Public Property created by Code Section 50-16-181. (2) `Public property' means any real property located within the State of Georgia in which a legal or equitable interest is held by: (A) The State of Georgia or any department, division, board, bureau, commission, or other agency of the executive branch of state government; (B) Any county, municipality, county or independent school district, or other political subdivision of the state or any agency of any such political subdivision; (C) Any public authority or other public corporation which is a body politic of the state or of any county, municipality, or other political subdivision of the state; or

Page 1189

(D) Any governmental body or governmental entity of this state not covered by subparagraph (A), (B), or (C) of this paragraph. (3) `State agency' means the State of Georgia; any department, division, board, bureau, commission, or other agency of the executive branch of state government, excluding the Department of Transportation and the Board of Regents of the University System of Georgia, which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain; or any state authority which under the laws of the state has the power and authority to acquire private property by condemnation and the power of eminent domain. 50-16-181. (a) There is created the State Commission on the Condemnation of Public Property consisting of the Governor, ex officio; Lieutenant Governor, ex officio; Secretary of State, ex officio; Commissioner of Agriculture, ex officio; Commissioner of Insurance, ex officio; state auditor, ex officio; and the Commissioner of Labor, ex officio. (b) The Governor shall be the chairman of the commission and the Lieutenant Governor shall be the vice-chairman. Four members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of approving the condemnation of public property, which approval shall require four affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. (c) Meetings shall be held on the call of the chairman, vice-chairman, or two commission members whenever necessary

Page 1190

to the performance of the duties of the commission. Minutes or transcripts shall be kept of all meetings of the commission. Each commission member shall be given, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures. (e) Members of the commission shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. 50-16-182. The commission, in addition to other powers and duties set forth in this article, shall have the power and duty to approve the acquisition of public property by condemnation and the power of eminent domain by the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency. 50-16-183. (a) If the Department of Transportation; the Board of Regents of the University System of Georgia; or a state agency, acting by and through the State Properties Commission, needs to acquire public property or any interest in public property in carrying out its duties and responsibilities, such public property or interest therein may be acquired by condemnation and the power of eminent domain. The procedures to be followed in such acquisitions shall be those set forth in the laws applicable to the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, respectively, relating to the acquisition of public property or any interest therein by condemnation and the power of eminent domain. In addition to the requirements and procedures set forth in such laws, the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, shall not acquire public property or any interest therein by condemnation until such acquisition has been

Page 1191

approved by the commission as provided in this Code section; provided, however, that the commission's approval shall not be required if the interest held by the governmental entity specified in paragraph (2) of subsection (a) of Code Section 50-16-180 in the property is a tax lien, a mortgage, or both. (b) The acquisition of public property or an interest therein by condemnation by the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, shall first be approved by the commission. If the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency, wishes to acquire public property or an interest therein by condemnation, it shall apply to the commission for approval of such acquisition. The commission may require the submission of such information by the Department of Transportation; the Board of Regents of the University System of Georgia; and the State Properties Commission, acting for and on behalf of a state agency, and by the owner or representatives of the owner of the public property as the commission may reasonably require for the consideration of the application. If the commission determines that the acquisition of the public property by condemnation is reasonable, necessary, and in the public interest, it shall grant its approval for such acquisition. The determination of the commission shall be final. The commission shall make its determination within 30 days after the commission receives the information required by the commission for the consideration of the application of the state agency and in no event longer than 90 days after receipt of the application. If the commission approves the condemnation, it shall forward a resolution to that effect to the applicant seeking such approval. (c) When the approval of the acquisition of public property or an interest therein by condemnation is granted by the commission, the Department of Transportation; the Board of Regents of the University System of Georgia; or the State Properties Commission, acting for and on behalf of a state agency, may acquire the public property or interest therein pursuant to the procedures specified in the applicable

Page 1192

laws. A copy of the resolution approving the acquisition adopted by the commission shall accompany the notice of condemnation and shall accompany and condemnation petition filed in superior court. (d) Consistent with the provisions of this article, the commission may adopt such rules and regulations as may be necessary to enable the commission to carry out effectively and efficiently the powers and duties assigned to the commission by this article. The commission may utilize the resources of any department or agency of the state, including specifically the State Properties Commission, to assist it in making any determinations required by the provisions of this article and may appoint such hearing officers or other investigators as it deems proper to receive public comment and make reports or recommendations to the commission. (e) The commission shall not be subject to Chapter 13 of Title 50, known as the `Georgia Administrative Procedure Act. Section 2 . Code Section 20-3-58 of the Official Code of Georgia Annotated, relating to the condemnation of private property by the Board of Regents of the University System of Georgia, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-3-58 to read as follows: 20-3-58. (a) The board of regents is authorized to take or damage, by condemnation, private property for public purposes of the university system upon paying or tendering to the owner thereof just compensation. Condemnation proceedings by the board may take the forms provided in Chapter 2 of Title 22. (b) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. Condemnation proceedings by the board may take the forms provided in Article 3 of Chapter 2 of Title 22. As used in this subsection, the term `public property' has the meaning provided for in Code Section 50-16-180.

Page 1193

Section 3 . Code Section 22-2-130 of the Official Code of Georgia Annotated, relating to the authority to condemn private property by petition to the superior court for judgment in rem, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 22-2-130 to read as follows: 22-2-130. (a) Whenever the government of the State of Georgia, the United States government, or any person having the privilege of exercising the right of eminent domain desires to take or damage private property in pursuance of any law so authorizing and finds or believes that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein or that there are minors or persons under disability who are or may be interested therein or that there are taxes due or that should be paid thereon or concludes for any reason that it is desirable to have a judicial ascertainment of any question connected with the matter, such government or person may, through any authorized representative, petition the superior court of the county having jurisdiction for a judgment in rem against the property or interest, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (b) Notwithstanding the provisions of subsection (a) of this Code section, the provisions of this article shall also apply to the acquisition of public property or an interest therein by condemnation and the power of eminent domain. As used in this subsection, the term `public property' has the meaning provided for in Code Section 50-16-180. Section 4 . Code Section 32-3-4 of the Official Code of Georgia Annotated, relating to the condemnation of private property and property interests for public road purposes, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-3-4 to read as follows: 32-3-4. (a) Whenever any state agency, county, or municipality desires to take or damage private property,

Page 1194

including scenic easements, air rights, rights of access, and other interests in land for public road purposes or for any other public transportation purposes and shall find or believe, concerning which the decision of the condemning authority shall be final and conclusive, that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete, or in controversy, or that there are or may be unknown persons or nonresidents who have or may have some claim or demand thereon or some actual or contingent interest or estate therein, or that there are minors or persons under disability who are or may be interested therein, or that there are taxes due or that should be paid thereon, or shall for any reason conclude that it is desirable to have a judicial ascertainment of any question connected with the matter, such state agency, county, or municipality, through any authorized representative, may file a proceeding in rem in the superior court of the county having jurisdiction condemning the property or interests to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (b) When the acquisition of public property or an interest therein is necessary for public road purposes, including limited-access roads provided for by Article 4 of Chapter 6 of this title, the department may acquire such public property or interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. The procedures for the condemnation of property provided for in this Code section and Code Sections 32-3-5 through 32-3-19 of this article and the procedures provided for the condemnation of property in Article 3 of Chapter 2 of Title 22 and the procedures provided for the condemnation of property in Article 2 of Chapter 2 of Title 22 when the property sought is a public cemetery shall apply to the condemnation of public property or an interest therein by the department. As used in this subsection, the term `public property' has the meaning provided for in Code Section 50-16-180. Section 5 . Code Section 32-6-112 of the Official Code of Georgia Annotated, relating to the acquisition of property and

Page 1195

property rights for limited-access roads, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 32-6-112 to read as follows: 32-6-112. The department, a county, or a municipality may acquire private property and property rights for limited-access facilities and service roads, including rights of access, of view, of air, and of light through gift, devise, purchase, or condemnation in the same manner as such governmental units are authorized by law to acquire such property or property rights in connection with public roads within their respective jurisdictions. Public property or an interest therein may be acquired for such purposes by the department or by a county or municipality by any method authorized by law for such acquisition other than condemnation. The acquisition of public property or an interest therein for such purposes by condemnation may be accomplished by the department pursuant to the provisions of subsection (b) of Code Section 32-3-4 when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. As used in this Code section, the term `public property' has the meaning provided for in Code Section 50-16-180. In the process of acquiring property or property rights for any limited-access facility, the department or the county or municipality, in its discretion, may acquire an entire lot, block, or tract of land if, by so doing, the interest of the public will best be served. Section 6 . Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the State Properties Code, is amended by striking Code Section 50-16-44, relating to the acquisition of property by the State Properties Commission by the power of eminent domain, in its entirety and substituting in lieu thereof a new Code Section 50-16-44 to read as follows: 50-16-44. (a) The commission, acting for and on behalf of and in the name of the state, is empowered to take or damage by condemnation and the power of eminent domain for the public purposes of the state any private property upon first paying or tendering just and adequate compensation to the owner of such private property. The power of eminent domain shall be cumulative of any other power

Page 1196

of eminent domain provided by law. Condemnation proceedings by the commission, acting for and on behalf of and in the name of the state, shall take the form provided in Chapter 1 of Title 22 and Articles 1 and 2 of Chapter 2 of Title 22 or the form provided in Article 3 of Chapter 2 of Title 22. The power of condemnation and eminent domain to take or damage private property authorized by this Code section shall neither supersede nor abridge the powers of condemnation and eminent domain to take or damage private property given severally to the Department of Transportation and the Board of Regents of the University System of Georgia. (b) The commission, acting for and on behalf of and in the name of the state, is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183. Condemnation proceedings by the commission shall take the form provided in Article 3 of Chapter 2 of Title 22. As used in this subsection, the term `public property' has the same meaning provided for in Code Section 50-16-180. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1986.

Page 1197

SAM P. MCGILL EXHIBITION BUILDING DESIGNATED. No. 90 (House Resolution No. 691). A RESOLUTION Providing for the designation of the Sam P. McGill Exhibition Building; and for other purposes. WHEREAS, in 1985, the General Assembly of Georgia created the Georgia Agricultural Exposition Authority for the purpose of constructing and operating the Georgia Agricultural Exposition Center; and WHEREAS, this center will serve as a showplace for agriculture, will perform important educational functions, will promote the State of Georgia, and will attract numerous visitors to our state; and WHEREAS, Honorable Sam P. McGill of the 24th District has served with distinction, dedication, and ability as a member of the Senate for 24 years; and WHEREAS, during his service as chairman of the Committee on Agriculture of the Senate, Honorable Sam P. McGill has worked tirelessly to improve the lives of Georgia's farmers who are engaged in agriculture and agribusiness, has fought for improvements in agricultural education, has encouraged young people to enter agriculture, and has fought to save the family farm; and WHEREAS, the members of this body and the citizens of this state could have no better friend than Honorable Sam P. McGill. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Agricultural Exposition Authority is authorized and requested to designate the main exhibition building at the Georgia Agricultural Exposition Center as the Sam P. McGill Exhibition Building and to affix an appropriate plaque at the entrance to such building for that purpose.

Page 1198

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Sam P. McGill and to the Georgia Agricultural Exposition Authority. Approved April 7, 1986. HENRY L. REAVES ARENA DESIGNATED. No. 91 (House Resolution No. 690). A RESOLUTION Providing for the designation of the Henry L. Reaves Arena; and for other purposes. WHEREAS, in 1985, the General Assembly of Georgia created the Georgia Agricultural Exposition Authority for the purpose of constructing and operating the Georgia Agricultural Exposition Center; and WHEREAS, this center will serve as a showplace for agriculture, will perform important educational functions, will promote the State of Georgia, and will attract numerous visitors to our state; and WHEREAS, Honorable Henry L. Reaves of the 147th District has served with distinction, dedication, and ability as a member of the House of Representatives since 1963; and WHEREAS, during his service as chairman of the Committee on Agriculture and Consumer Affairs, Honorable Henry L. Reaves has worked tirelessly to improve the lives of the men and women of this state who are engaged in agriculture and agribusiness, has fought for improvements in agricultural education, has encouraged young people to enter agriculture, and has fought to save the family farm; and

Page 1199

WHEREAS, the members of this body and the citizens of this state could have no better friend than Honorable Henry L. Reaves. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Agricultural Exposition Authority is authorized and requested to designate the show arena at the Georgia Agricultural Exposition Center as the Henry L. Reaves Arena and to affix an appropriate plaque at the entrance to the arena for that purpose. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Henry L. Reaves and to the Georgia Agricultural Exposition Authority. Approved April 7, 1986. LOUIE DEVOTIE NEWTONPORTRAIT PLACED IN THE STATE CAPITOL. No. 92 (House Resolution No. 720). A RESOLUTION Commending Louie DeVotie Newton and authorizing the placing of his portrait in the State Capitol Building; and for other purposes. WHEREAS, Louie D. Newton, Mr. Baptist, has given unparalleled leadership to Baptists around the globe for over six decades; and WHEREAS, since receiving his degree from Mercer University in 1913, Mr. Newton has been a history professor, a newspaper reporter, an editor, and a pastor; and

Page 1200

WHEREAS, he has held almost every elected and appointed leadership position in the Baptist denomination and has been the guiding light behind development of the finest religious agencies and institutions in the nation; and WHEREAS, Mr. Newton has counseled with presidents and shepherded the lowly, fearlessly crusading for political integrity and civic morality; and WHEREAS, Mr. Newton has been a writer for The Christian Index , the Georgia Baptist weekly magazine, for over 60 years and has broadcast a weekly program on WGST radio for over 50 years; and WHEREAS, Mr. Louie DeVotie Newton has received numerous honors and awards over the years for his numerous civic contributions; and WHEREAS, Mr. Louie DeVotie Newton's life testifies to his loyalty to the Scriptures and his loyalty, passion, and zeal for following the call and will of God in all of life; and WHEREAS, it is only fitting and proper that Mr. Louie DeVotie Newton be recognized for his many dedicated years of service to the people of this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does commend Mr. Louie DeVotie Newton and does recognize his outstanding service by directing that a portrait of Louie D. Newton be placed at an appropriate location, as close as possible to that of Bishop Moore, on the third floor of the State Capitol Building. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Mr. Louie D. Newton. Approved April 7, 1986.

Page 1201

CULVER KIDD MEDICAL AND SURGICAL BUILDING AND JOE T. WOOD WAR VETERANS NURSING HOME DESIGNATED. No. 93 (Senate Resolution No. 361). A RESOLUTION Providing for the designation of the Culver Kidd Medical and Surgical Building and the Joe T. Wood War Veterans Nursing Home; and for other purposes. WHEREAS, the record of public service for the people of Baldwin County and the State of Georgia attained by Culver Kidd is an admirable one; and WHEREAS, Culver Kidd served as a Baldwin County commissioner for ten years, a state representative for 12 years, and has served as a state senator for 23 years; and WHEREAS, through his leadership, legislation has transformed the concept of care and service for mentally ill adults and has improved the care of retarded children; and WHEREAS, he has worked to utilize effectively the buildings and facilities of Central State Hospital and was instrumental in renovating facilities at the hospital for the Department of Corrections; and WHEREAS, as a further result of his dedication, there has been built at the hospital a medical and surgical facility serving the mentally ill, the mentally retarded, disabled veterans, and prison inmates; and WHEREAS, Joe T. Wood joined the American Legion and the Veterans of Foreign Wars organizations in February, 1946, immediately upon his return from 38 months of active duty with the United States Army primarily in the Pacific Theater of Operations; and WHEREAS, Joe T. Wood has been a continuous member of both veterans organizations for over 40 years; and

Page 1202

WHEREAS, he served as State Commander of the VFW in 1953-54 and as a member of the board of the Department of Veterans Service from 1954-59; and WHEREAS, he has served in a national office of the VFW, including Chief of Staff, every year since 1954; and WHEREAS, there is not a person in Georgia who has worked longer and harder on behalf of the veterans of this state and their families than Joe T. Wood. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Human Resources is authorized and directed to designate the medical and surgical facility on the grounds of Central State Hospital as the Culver Kidd Medical and Surgical Building and shall affix an appropriate plaque at the entrance of the building for such purpose. BE IT FURTHER RESOLVED that the Department of Veterans Service is authorized and directed to designate the planned, new War Veterans Nursing Home on the grounds of Central State Hospital in Milledgeville as the Joe T. Wood War Veterans Home and the department shall affix an appropriate plaque at the entrance of the building identifying it as the Joe T. Wood War Veterans Home. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Senator Culver Kidd and to the Board of Human Resources and to Representative Joe T. Wood and the Department of Veterans Service. Approved April 7, 1986.

Page 1203

USE OF RESTITUTION ORDERS URGED IN CASES OF CHILD ABUSE OR SEXUAL ABUSE. No. 94 (House Resolution No. 476). A RESOLUTION Urging the use of restitution orders in cases involving victims of child abuse or sexual abuse; and for other purposes. WHEREAS, the child who is a victim of physical, sexual, or mental abuse often requires extensive psychological treatment as well as medical care to overcome the devastating effects of such abuse; and WHEREAS, in most cases, if the family of the child victim is unable to provide for such therapy, the child may never completely recover from the effects of such abuse; and WHEREAS, the current restitution laws allow a court to order an offender to make restitution to the victim; and WHEREAS, the greater use of restitution orders in cases involving child abuse and sexual abuse would aid many such victims in their recovery from such abuse. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that its members do urge the judges of the superior courts of this state to consider ordering restitution in all cases involving child abuse or sexual abuse. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is directed to transmit an appropriate copy of this resolution to the Council on Superior Court Judges and the Judicial Council of Georgia. BE IT FURTHER RESOLVED that the Council on Superior Court Judges and the Judicial Council of Georgia shall compile a report on the use of restitution orders in cases involving child abuse and sexual abuse and present such report to the General Assembly and the Governor on or before the start of the regular 1987 session of the General Assembly. Approved April 7, 1986.

Page 1204

TRAINING OF CRIMINAL JUSTICE AND SOCIAL SERVICES PROFESSIONALS IN CHILD ABUSE, SEXUAL ABUSE, AND SEXUAL EXPLOITATION CASES URGED. No. 95 (House Resolution No. 477). A RESOLUTION Urging the training of criminal justice and social services professionals in the processing and management of cases involving child abuse, sexual abuse, or sexual exploitation; and for other purposes. WHEREAS, cases involving child abuse, sexual abuse, and sexual exploitation of children present unique demands on the criminal justice system; and WHEREAS, persons who regularly address cases involving child victimization should be adequately trained to meet the highly complex needs of such child victims; and WHEREAS, understanding and responding to the needs of such victims is critical to the successful prosecution of cases of child abuse, sexual abuse, and sexual exploitation; and WHEREAS, the development of training programs for social services and criminal justice personnel specifically directed toward the investigation of crimes involving the physical, emotional, or sexual abuse of children would promote the efficient and effective processing and management of such cases. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that its members do urge the Division of Family and Children Services of the Department of Human Resources, the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council, and the Institute for Continuing Judicial Education to develop programs for the education and training of social services and criminal justice professionals in the areas of child abuse, sexual abuse, and sexual exploitation. BE IT FURTHER RESOLVED that the director of each of the above-named entities is directed to prepare a report for submission

Page 1205

to the General Assembly on or before the start of the regular 1987 session detailing the progress which has been made in the development of training programs for social services and criminal justice professionals in these areas. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy to the director of each of the above-named entities. Approved April 7, 1986. WEAPONSSTUN GUNS AND TASERS; POSSESSION DURING THE COMMISSION OR ATTEMPTED COMMISSION OF CERTAIN FELONIES; TRIAL JUDGES; CONCEALED WEAPONS. Code Sections 16-11-106 and 16-11-130 Amended. No. 1588 (House Bill No. 1109). AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the provisions relating to possession of a firearm or knife during the commission or attempted commission of certain crimes; to provide that the definition of firearms shall include stun guns and tasers; to include trial judges within the list of persons exempt from certain provisions relating to carrying weapons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities

Page 1206

and practices, is amended by striking in its entirety Code Section 16-11-106, relating to possession of a firearm or knife during the commission or attempted commission of certain crimes, and inserting in its place a new Code Section 16-11-106 to read as follows: 16-11-106. (a) For the purposes of this Code section, the term `firearm' shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge. (b) Any person who shall have on his person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit: (1) Any crime against or involving the person of another; (2) The unlawful entry into a building or vehicle; (3) A theft from a building or theft of a vehicle; (4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance as provided in Code Section 16-13-30; or (5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31, and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which

Page 1207

is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5. (e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense. Section 2 . Said article is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 16-11-130, relating to exemptions from the application of certain criminal provisions relating to carrying a concealed weapon, carrying deadly weapons to or at public gatherings, and carrying a pistol without a license, and inserting in their place new paragraphs (8), (9), and (10) to read as follows: (8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to the `State-wide Probation Act' when specifically designated and authorized in writing by the director of Division of Probation; (9) Public safety directors of municipal corporations; and (10) Trial judges. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1208

BATHHOUSESCERTAIN OPERATIONS PROHIBITED; INSPECTION WARRANTS; INJUNCTIONS; PENALTIES. Code Section 31-12-11 Enacted. No. 1589 (House Bill No. 1189). AN ACT To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to prohibit the operation of certain bathhouses in this state; to provide for definitions; to declare bathhouses wherein sexual activity occurs as harmful to the public health, safety, and welfare of the citizens of this state; to authorize the Department of Human Resources, county boards of health, and personnel of both to obtain inspection warrants and to obtain injunctive relief against the operation of bathhouses; to prohibit certain actions of owners, managers, or employees of certain bathhouses and to provide penalties therefor; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding at the end thereof a new Code Section 31-12-11 to read as follows: 31-12-11. (a) As used in this Code section, the term: (1) `Bathhouse' means a place of public accommodation having facilities including all or some of the following: baths, whirlpools, saunas, massage areas or rooms, and semiprivate or private areas or rooms; and where entry to such place of public accommodation is contingent upon the payment of money on an hourly, daily, weekly, monthly, annual, or club basis; and where the owners or managers or employees of such place of public

Page 1209

accommodation knowingly grant or permit the use of such place for illegal sexual activity. (2) `Illegal sexual activity' means any illegal sexual act involving the sex organs of a person and the mouth, anus, or sex organs of another person. (b) The operation of bathhouses in this state is declared to be harmful to the public health, safety, and welfare of the citizens of this state. (c) The department and the county boards of health are empowered to maintain actions for injunction pursuant to Code Section 31-5-9 to abate the operation of any bathhouse in this state as a public nuisance. (d) The commissioner or the commissioner's designee or the director of any county board of health is authorized to obtain, pursuant to Article 2 of Chapter 5 of this title, inspection warrants for the search or inspection of any property which is a bathhouse. (e) Any person, firm, corporation, or other business entity which owns, operates, or is a manager for or employee of a bathhouse shall be guilty of a misdemeanor. (f) Nothing in this Code section shall be construed so as to repeal Code Section 16-6-10, relating to keeping a place of prostitution. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1210

TRUCKSALTERATION OF SUSPENSION SYSTEMS; LIMITATIONS; PENALTIES. Code Section 40-8-6.1 Enacted. No. 1590 (House Bill No. 1257). AN ACT To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment generally, so as to provide that it shall be unlawful to alter the suspension system of trucks in certain gross vehicle weight rating categories in excess of certain specific limitations; to provide that it shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered to exceed such limitations; to define certain terms; to provide for criminal penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment generally, is amended by adding a new Code Section immediately following Code Section 40-8-6, to be designated Code Section 40-8-6.1, to read as follows: 40-8-6.1. (a) As used in this Code section, the term: (1) `Frame' means the main longitudinal structural members of the chassis of a truck. (2) `Frame height' means the vertical distance between a level surface and the lowest point on the frame of a truck, measured when the truck is upon such level surface without a load. (3) `Gross vehicle weight rating' means the manufacturer's gross vehicle weight rating whether or not the vehicle is modified by use of parts not originally installed by the manufacturer.

Page 1211

(b) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight rating of 4,500 pounds or less, which may be operated on any public street or highway, so as to exceed 27 inches as measured from the surface of the street to the lowest point on the frame of the truck. (c) It shall be unlawful to alter the suspension system of any truck with a gross weight rating of not less than 4,501 pounds and not more than 7,500 pounds, which may be operated on any public street or highway, so as to exceed 30 inches as measured from the surface of the street to the lowest point on the frame of the truck. (d) It shall be unlawful to alter the suspension system of any truck with a gross vehicle weight rating of not less than 7,501 pounds and not more than 14,000 pounds, which may be operated on any public street or highway, so as to exceed 31 inches as measured from the surface of the street to the lowest point on the frame of the truck. (e) It shall be unlawful to operate any truck upon any highway, roadway, or street if the suspension system has been altered in excess of the limitations provided for in this Code section. (f) Any person violating 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 9, 1986.

Page 1212

INNKEEPERSNOTICES OF TERMINATION OF OCCUPANCY. Code Section 43-21-3.1 Enacted. No. 1591 (House Bill No. 1375). 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 require a notice of termination to be given to certain occupants of hotels, apartment hotels, boarding houses, or inns; to specify the period of time which a notice shall cover; to provide exceptions to the notice requirements; 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 amended by inserting immediately following Code Section 43-21-3 a new Code section, to be designated Code Section 43-21-3.1, to read as follows: 43-21-3.1. (a) Whenever the keeper of a hotel, apartment hotel, boarding house, or inn wishes to terminate the occupancy of a guest for reasons other than those described in subsection (b) of this Code section, the keeper shall give notice of such intention to the guest. The period of time to be specified in the notice as to when the occupancy will be declared terminated by the keeper shall be equal to the period of time for which occupancy is paid for by the guest and accepted by the keeper. (b) The notice requirement of subsection (a) of this Code section shall not apply to a termination of occupancy for cause, such as failure to pay sums due, failure to abide by rules of occupancy, failure to have or maintain reservations, or other action by a guest.

Page 1213

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. MENTAL HEALTHADMINISTRATION OF MENTAL HEALTH, MENTAL RETARDATION, SUBSTANCE ABUSE, AND OTHER DISABILITY SERVICES; STATE ADVISORY COUNCIL ON DISABILITY SERVICES; AREA AND HOSPITAL COUNCILS; PLANS. Code Title 37, Chapter 2 Revised. No. 1592 (House Bill No. 1385). AN ACT To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to reenact Chapter 2 thereof; to include expressly substance abuse and other disabilities in references to certain services, service areas, area councils, and state-wide and area plans; to delete and change certain references to federal laws and regulations; to change legislative purpose; to change definitions; to provide for a Division of Mental Health, Mental Retardation, and Substance Abuse; to provide for the funding and a new designation for a state advisory council on disability services and change the powers and duties of that council; to provide for certification of members of area and hospital councils; to change the powers and duties of area councils and provide for funding and staffing of those councils; to provide for hospital councils and their powers, duties, funding, and staffing; to provide for hospital council members and their qualifications, selection, and terms; to change the procedures relating to and contents of certain area and state plans and analyses for certain disabled persons; to change the requirements for certain agreements with institutions; to provide for use of certain fees; to repeal conflicting laws; and for other purposes.

Page 1214

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking Chapter 2 thereof, relating to administration of mental health and mental retardation services generally, and inserting in its place a new chapter to read as follows: CHAPTER 2 37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or mentally retarded or who suffer from certain developmental disabilities including epilepsy, cerebral palsy, autism, and other neurologically handicapping conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, mental retardation, substance abuse, and other disability services to all its citizens through the department and the county boards of health. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the Department of Human Resources and the county boards of health to develop comprehensive, preventive, early detection, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the foregoing objectives.

Page 1215

37-2-2. As used in this chapter, the term: (1) `Area' means a Community Mental Health, Mental Retardation, and Substance Abuse Service Area. (2) `Commissioner' means the commissioner of human resources. (3) `Director' means the director of the division. (4) `Disability' means: (A) Mental or emotional illness; (B) Mental retardation; (C) Other neurologically handicapping conditions which require treatment similar to that for the mentally retarded including epilepsy, cerebral palsy, and autism; or (D) The abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. (4.1) `Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (5) `Disabled' means any person or persons who have a disability. (6) `Division' means the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources. (7) `Hospital' means a state owned or state operated facility providing inpatient diagnosis, care, treatment, or habilitation of the disabled. (8) `Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. 37-2-2.1. There shall be created within the Department of Human Resources a Division of Mental Health, Mental Retardation, and Substance Abuse.

Page 1216

37-2-3. The division, with the approval of the commissioner, shall designate Community Mental Health, Mental Retardation, and Substance Abuse Service Areas within this state for the purpose of organizing the planning for and delivery of disability services. To the extent practicable, the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas shall not subdivide any county unit or conflict with any districts established by the department relating to the planning for or delivery of health services. In dividing the state into areas, the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services. 37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the `Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall by filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules,

Page 1217

and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of the department, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider compliants and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also guide and assist the area councils and hospital councils in the performance of their duties. (c) There shall be created in each of the areas established under Code Section 37-2-3 an Area Mental Health, Mental Retardation, and Substance Abuse Advisory Council, referred to in this chapter as the `area council,' which shall consist of no more than 30 and no less than 15 members and whose membership shall be composed of individuals who reside in the area and who as a group represent the residents of the area, taking into consideration their employment, age, sex, place of residence, and other demographic characteristics of the area and whose membership shall further be fairly representative of all disability groups. The area council shall be appointed by the director subject to the approval of the Governor's council, which approval shall be evidenced by wirtten certification by the Governor's council. Appointments shall be made from individuals nominated by the district health director or the designee of the director of the division, which nominees shall reflect those criteria set out in this subsection. (d) The term of each member of the area council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointments for unexpired terms. (e) The area council shall have the following powers and duties: (1) To review and comment on the area plans required under Code Section 37-2-5, giving particular emphasis

Page 1218

to assuring that all types of disability, as defined in paragraph (4) of Code Section 37-2-2, are adequately addressed and that the plan realistically considers financial support relative to the current program as well as long-term development; (2) To submit to the Governor's council a written evaluation of the area plan within three months after receipt thereof; (3) To hold meetings at least quarterly, which meetings shall be publicized in advance to encourage the attendance of area residents. Such meetings shall be conducted in accordance with rules and procedures adopted by the area council to the extent that the director has not promulgated rules in conflict therewith; (4) To submit annual reports to the county boards of health, the division, the Governor's council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the effectiveness of disability services in the area; (5) To act as the representative of the citizens of the area in regard to disability services; (6) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to make recommendations to the county boards of health in the area and, if unable to resolve such complaints and grievances, to submit them to the Governor's council for review and recommendation; (7) To assure the highest achievable level of public awareness of available disability services; and (8) To visit regularly disability services facilities which serve the area in order to evaluate the effectiveness of the facilities in delivering services. (f) To the extent practicable, the area council shall be the sole advisory council for community-based disability services

Page 1219

in the area, the hospital council the sole advisory council for hospital-based disability services in that area, and the Governor's council the sole such state-wide council. (g) Funding and staff support for each area council shall be provided from the division's disability services program for that area. 37-2-4.1. (a) There shall be created within each hospital a Hospital Mental Health, Mental Retardation, and Substance Abuse Advisory Council, referred to in this chapter as a `hospital council,' which shall consist of not less than ten nor more than 20 members. The membership of each hospital council shall be composed of individuals residing within the hospital's area of operation and who as a group represent the residents of that area, taking into consideration their employment, age, sex, place of residence, and other demographic characteristics of the area and whose membership shall further be fairly representative of all disability groups. The hospital council shall be appointed by the director subject to the approval of the Governor's council, which approval shall be evidenced by written certification by the Governor's council. Appointments to a hospital council shall be made from individuals nominated by the superintendent of that hospital, or the designee of that superintendent, which nominees shall reflect those criteria set out in this subsection. (b) The term of each member of a hospital council shall be for three years, except that of the members first appointed, five shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. (c) A hospital council shall have the following powers and duties: (1) To review and comment on those aspects of the state plan relating to hospital disability services, as proposed under Code Section 37-2-7, giving particular emphasis to assuring that all types of disability are adequately addressed and that the plan realistically considers financial support relative to the current program as well as long-term development;

Page 1220

(2) To submit to the Governor's council a written evaluation of the state plan reviewed and commented on under paragraph (1) of this subsection within three months after receipt thereof; (3) To hold meetings at least quarterly, which meetings shall be publicized in advance to encourage the attendance of residents of the area served by the hospital. Such meetings shall be conducted in accordance with rules and procedures adopted by the hospital council to the extent that the director has not promulgated rules in conflict therewith; (4) To submit annual reports to the county boards of health in that hospital's service area, the division, the Governor's council, and other agencies or individuals deemed appropriate, which reports shall evaluate the effectiveness of hospital disability services; (5) To act as the representative of the citizens of the area served by the hospital in regard to hospital disability services; (6) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services in that hospital and, if unable to resolve such complaints and grievances, to submit them to the Governor's council for review and recommendation; (7) To assure the highest achievable level of public awareness of available hospital disability services; and (8) To assure effective cooperation and coordination between the hospital and community disability services. (d) Funding and staff support for each hospital council shall be provided from that hospital's disability services program. 37-2-5. (a) The county boards of health in an area shall prepare a joint biennial plan for the provision of disability services in the area. The plan shall be submitted to the division

Page 1221

and to the area council as created by subsection (c) of Code Section 37-2-4, at a time and in the manner specified by the division. The division shall notify the county boards of health at least six months in advance of the date such biennial plans are to be submitted and shall assist the county boards of health in preparation of the plans. (b) Such plans shall include, by way of illustration without limitation, the following: (1) An estimate categorized by age group of the number of citizens residing in the area who require disability services as defined in Code Section 37-2-7; (2) A description of all physical facilities, both governmental and private, which are available or which should be developed to provide adequate disability services in the area; (3) An analysis of present physical facilities, both governmental and private, in the area which might be converted to disability services facilities; (4) An analysis of the availability within the area of professional and other staff personnel trained in providing disability services; (4.1) A roster of existing professional and other staff personnel currently providing disability services in the area; (5) A proposed staff roster of professional, technical, and other employees who should be hired to provide necessary disability services; (6) A description in order of priority of all proposed programs and disability services to be provided in the area by the county boards of health or by the division, which description shall specifically address, by way of illustration without limitation, those services set forth in subsection (b) of Code Section 37-2-7; (7) An analysis of the opportunities for coordination of disability services with other agencies and organizations as provided in Code Section 37-2-9;

Page 1222

(8) A statement of the means by which the area council created in Code Section 37-2-4 will be provided with staff assistance and by which its operating expenses will be defrayed; and (9) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue. (c) In the event that the division modifies the provisions of an area plan submitted in accordance with this Code section, the division, upon request of the county boards of health in the area, the Governor's council, or the area council, shall explain the considerations resulting in the modification. 37-2-6. Institutions under the jurisdiction and control of the division shall participate in the planning processes undertaken by the county boards of health located in the service regions of the various institutions. Such institutions shall develop and execute written agreements with the county boards of health for the provision of disability services in the Community Mental Health, Mental Retardation, and Substance Abuse Service Areas. Such agreements shall include reducing unnecessary hospitalization in state institutions and shall establish administration and evaluation criteria and methods for achieving such reductions. 37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the area disability services plans submitted by the county boards as required by Code Section 37-2-5. The state disability services plan shall be comprehensive and shall include institutional and community services to the disabled. Services to be addressed in the state plan shall include, by way of illustration without limitation, the following: (1) Outpatient services which are provided during day and early evening hours including diagnostic and evaluation services; (2) Day and other partial hospitalization programs which are structured treatment services which provide

Page 1223

alternatives to residential services and which include detoxification centers, night or weekend care, and other appropriate services; (3) Day training and work activity centers for the mentally retarded or other disability groups; (4) Residential services which are hospital inpatient units, group homes, respite care facilities, rehabilitation residences, family care homes, nursing homes, and other 24 hour treatment and care facilities for patients for whom outpatient or day treatment services alone are not appropriate or feasible; (5) Emergency services which are crisis intervention programs including hospital emergency rooms, walk-in services, 24 hour counseling, and crisis-visitation services; (6) Consultation services to agencies, professionals, and others who are involved with disability services including health professionals, schools, courts, law enforcement agencies, correctional and detention facilities, clergy, health and social service agencies, and other appropriate individuals or agencies; (7) Education services to publicize the availability of disability services and to provide workshops and other forums for the promotion of health; (8) Training services to increase the skills of employees and volunteers in providing disability services; (9) Required services for preventing the onset or occurrence of disabilities; and (10) All other services which may be added to the state program upon determination of the division. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure

Page 1224

continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division taking into account all financial data supplied pursuant to paragraph (9) of subsection (b) of Code Section 37-2-5. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the hospital councils, and the area councils. (e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9. 37-2-8. The county boards of health and the division shall ensure that the state and area disability services are a part of a unified program emphasizing community-based services. 37-2-9. To the maximum extent possible, disability services provided by the division and county boards of health shall be coordinated with related activities of judicial, correctional, educational, social, and other health service agencies and organizations, both private and public. 37-2-10. Notwithstanding any other provisions of law, the director, with the concurrence of the commissioner and the Governor, is authorized to establish and administer area and community disability services programs on an emergency basis in the event one or more county boards of health fail to assume responsibility for the establishment and implementation of an adequate program. 37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care

Page 1225

through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. (b) Fees generated, if any, by state employees assigned to disability services programs operated by county boards of health shall be retained by the county boards of health and applied against the cost of providing, and increasing the quantity and quality of, disability services. 37-2-12. Nothing in this chapter shall be construed to require the designation of any service area or the appointment of any council in a manner which conflicts with any federal law applicable thereto or regulations promulgated thereunder. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. DEPARTMENT OF HUMAN RESOURCESCRIMINAL RECORDS CHECKS OF APPLICANTS FOR EMPLOYMENT; FINGERPRINTS. Code Section 49-2-14 Enacted. No. 1593 (House Bill No. 1421). AN ACT To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to powers and duties of the department, commissioner, and board of human resources, so as to authorize the department to receive relevant conviction data and pleas

Page 1226

of nolo contendere for purposes of conducting criminal records checks on certain applicants for employment and provide for methods, conditions, and procedures relating thereto; to provide a definition; to provide for confidentiality and penalties; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to powers and duties of the department, commissioner, and board of human resources, is amended by inserting following Code Section 49-2-13 a new Code section to read as follows: 49-2-14. (a) As used in this Code section, the term `conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia

Page 1227

Crime Information Center of two complete sets of fingerprints and the records search fee. Upon receipt thereof, the Georgia Crime Information Center 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 own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment file. Immediately following the employment decision, all such conviction data collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) The department may promulgate written rules and regulations to implement the provisions of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1228

CRIMES AND OFFENSESTHEFT OF A FIREARM; PENALTIES. Code Section 16-8-12 Amended. No. 1594 (House Bill No. 1455). AN ACT To amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishments for certain theft offenses, so as to provide definitions; to provide punishments for theft offenses involving firearms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to punishments for certain theft offenses, is amended by striking or at the end of paragraph (3) of subsection (a), by striking the period at the end of paragraph (4) of subsection (a) and inserting in its place ; or, and by adding at the end of subsection (a) a new paragraph, to be designated paragraph (5), to read as follows: (5) (A) As used in this paragraph, the term `firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a firearm, by imprisonment for not less than one nor more than ten years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1229

COUNTY TAX RECEIVERS, TAX COLLECTORS, AND TAX COMMISSIONERSVACANCIES. Code Section 48-5-210 Amended. Code Section 48-5-211 Enacted. No. 1595 (House Bill No. 1480). AN ACT To amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, so as to provide for the filling of a vacancy in the office of county tax receiver, tax collector, or tax commissioner; to repeal certain provisions relating to the filling of vacancies; to provide for the procedure for filling vacancies in the office of county tax receiver, tax collector, or tax commissioner; to provide for election returns; to provide for a commission by the Governor; to repeal certain provisions relating to holding certain elections in the event of a tie; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the election, qualifications, etc., of county tax officials, is amended by striking subsection (c) of Code Section 48-5-210, relating to the election and qualifications of county tax receivers, tax collectors, and tax commissioners, which reads as follows: (c) Vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as in cases of vacancies in the office of clerk of the superior court., in its entirety. Section 2 . Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 48-5-211, to read as follows: 48-5-211. (a) As soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner,

Page 1230

the judge of the probate court shall appoint a qualified person to discharge the duties of such officer until the vacancy is filled. (b) When a vacancy occurs and it is not more than six months from the time the election can be called by the county election superintendent and held until the existing term will expire, the person or persons appointed shall discharge the duties of the office for the balance of the term and there shall be no special election. (c) If from any sudden emergency there is a vacancy and a proper person cannot immediately be appointed, the judge of the probate court or his clerk shall act as county tax receiver, tax collector, or tax commissioner. (d) Except as provided in subsection (b) of this Code section, when a vacancy occurs, the election superintendent of the county where it occurs shall call and conduct a special election in the manner provided for in Chapter 2 of Title 21. (e) The person elected on such date shall hold office for the unexpired term. The returns of the election shall be made to the Secretary of State. Such person shall be commissioned by the Governor. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1231

BUILDINGS AND HOUSINGGLASS INSTALLATIONS; HAZARDOUS LOCATIONS. Code Section 8-2-90 Amended. No. 1596 (House Bill No. 1490). AN ACT To amend Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, so as to change the definition of the term hazardous locations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 8-2-90 of the Official Code of Georgia Annotated, relating to definitions with respect to glass installations in buildings generally, is amended by striking in its entirety paragraph (2), which reads as follows: (2) `Hazardous locations' means those areas in residential, commercial, and public buildings in which are located glazed structures known as sliding glass doors, entrance doors, fixed glazed panels which are adjacent to an entrance door and which may cover or be mistaken for means of ingress or egress, storm doors, shower doors, or tub enclosures whether or not the glazing in such structures is transparent. This term also means all doors, windows, and mirrors on public buses and trains., and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) `Hazardous locations' means for the purpose of glazing: (i) Glazing in ingress and egress doors, except wired glass in required fire doors and jalousies; (ii) Glazing in fixed and sliding panels of sliding type doors (patio and mall type);

Page 1232

(iii) Glazing in storm doors; (iv) Glazing in all unframed swinging doors; (v) Glazing in shower and bathtub doors and enclosures; (vi) Glazing, operable or inoperable, adjacent to a door in all buildings and within the same wall plane as the door whose nearest vertical edge is within 12 inches of the door in a closed position and whose bottom edge is less than 60 inches above the floor or walking surface; (vii) Glazing in fixed panels having a glazed area in excess of nine square feet with the lowest edge less than 18 inches above the finish floor level or walking surface within 36 inches of such glazing. In lieu of safety glazing, such glazed panels may be protected with a horizontal member not less than one and one-half inches wide when located between 24 and 36 inches above the walking surface; or (viii) All doors, windows, and mirrors on public buses and trains. (B) The following products, materials, and uses shall not be included in the definition of the term `hazardous locations': (i) Openings in doors through which a three-inch sphere is unable to pass; (ii) Leaded glass panels where no individual piece of glass has an area greater than 30 square inches; (iii) Glazing materials used as curved glass panels in revolving doors; (iv) Commercial refrigerated cabinet glazed doors; or (v) Faceted and decorative glass.

Page 1233

Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. RETIREMENT AND PENSIONSUSE OF MILITARY SERVICE AS CREDITABLE SERVICE IN ANY STATE OR LOCAL RETIREMENT OR PENSION SYSTEM; EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; MILITARY SERVICE; REPEAL BY IMPLICATION NOT APPLICABLE TO CERTAIN LAWS. Code Sections 47-2-96 and 47-2-334 Amended. Code Section 47-1-11 Enacted. No. 1597 (House Bill No. 1592). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide certain limitations on the use of military service as creditable service under public retirement or pension systems; to provide for definitions; to change the provisions relating to prior service credit under the Employees' Retirement System of Georgia for certain military service; to provide that the Code section relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, may not be repealed, superseded, or modified by implication; 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:

Page 1234

Section 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by adding at the end of Article 1 of Chapter 1, relating to general provisions applicable to retirement, a new Code Section 47-1-11 to read as follows: 47-1-11. (a) As used in this Code section, the term: (1) `Creditable service' means any period of time which may be used as a factor in the computation of any benefit under a public retirement system. (2) `Military service' means service in the armed forces of the United States or in a reserve component of the armed forces of the United States, including the National Guard. (3) `Public employee' means elected and appointed officials and employees of the state or any branch, department, board, bureau, commission, authority, or other agency of the state and elected and appointed officials and employees of any political subdivision of the state or of any authority or other agency of any such political subdivision. (4) `Public retirement system' means any retirement or pension system now or hereafter created by or pursuant to the authority of Georgia law or the Constitution of Georgia which has public employees as members of the retirement or pension system. (5) `Source of authority' means the law, resolution, or ordinance which creates or provides for a public retirement system. (b) Only military service for which a person was discharged or separated under honorable conditions shall be eligible to be counted as military service for the purpose of obtaining creditable service under any public retirement system, whether presently existing or hereafter created, when the source of authority for such public retirement system authorizes military service to be used as a basis to obtain creditable service under such public retirement system. (c) The provisions of this Code section are a limitation on the use of military service as creditable service under

Page 1235

any public retirement system and shall not be construed to create a right to obtain creditable service for military service under any public retirement system when such right does not exist independently of this Code section. Section 2 . Said title is further amended by striking subsection (g) of Code Section 47-2-96, relating to certain prior service credits under the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (g) to read as follows: (g) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States at any time from January 1, 1954, until August 5, 1964, as determined by the person's official military records, may purchase such active duty military service credit, exclusive of reserve service, by paying the required employee contributions on the compensation last paid to the member as an employee prior to entering military service or the compensation first paid to the member as an employee after returning from military service plus 15 percent interest on said employee contributions, compounded annually to date of payment. No service in the armed forces shall be creditable under the provisions of this subsection if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under the provisions of title 10 of the United States Code, Public Law 810, 80th Congress, as amended. To be eligible to receive credit for military service under this subsection or any other subsection, the individual shall purchase such credit prior to January 1, 1988. No military service shall be creditable under the provisions of this subsection if creditable service for the same military service has been obtained under any other provision of this chapter; provided, however, that if creditable service for military service previously obtained under this chapter is withdrawn as creditable service, then creditable service for the same military service may be obtained under the provisions of this subsection. Under no circumstances shall credit for military service obtained pursuant to the authority of this subsection be used to qualify for retirement as a result of involuntary separation.

Page 1236

Section 3 . Said title is further amended by adding at the end of Code Section 47-2-334, relating to membership in the Employees' Retirement System of Georgia which begins on or after July 1, 1982, a new subsection (i) to read as follows: (i) The provisions of this Code section shall control over conflicting or inconsistent provisions of this chapter or any other law of this state. It is the intention of the General Assembly that this Code section has not been and may not be repealed, superseded, or modified by implication through the enactment of any other law or through the amendment of any other provision of this chapter or any other existing law, and any modification or repeal of any provision of this Code section may be accomplished only by reference or amendment to or repeal of this specific Code section. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1237

INSURANCEPROPERTY INSURANCE; DEFINITION; SURPLUS LINE INSURERS; CORPORATE SURETY INSURERS; HOMEOWNER WARRANTY AGREEMENTS. Code Section 33-7-6 Amended. No. 1598 (House Bill No. 1594). AN ACT To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to provide a certain exception to the definition of property insurance; to authorize certain surplus line insurers and certain corporate surety insurers to underwrite or guarantee certain homeowner warranty agreements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, is amended by striking subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Property insurance also includes: (1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract;

Page 1238

(2) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one-family or two-family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence, or breakage, if made by a person other than the constructing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or underwritten by a surplus line insurer approved by the Commissioner nor shall this provision apply to an agreement the performance of which is guaranteed by a surety bond executed by an authorized corporate surety insurer in favor of and approved by the Commissioner in an amount of not less than $100,000.00; or (3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument covered by paragraphs (1) and (2) of this subsection whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or to any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation or to any tire replacement contract, agreement, or instrument.

Page 1239

(c) (1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state the name and address of the insurer which has underwritten the contract, agreement, or instrument, either directly or through a reinsurance contract. A contract, agreement, or instrument as defined in paragraph (2) of subsection (b) of this Code section, the performance of which is guaranteed by a surety insurer, shall state the name and address of the surety insurer. (2) In the event a contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first instance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer. (3) The contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-24-44. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of the consideration paid for the contract agreement, or instrument above the customary short rate for the expired term of the contract, agreement, or instrument. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1240

RETIREMENT AND PENSIONSLOCAL RETIREMENT SYSTEMS; INVESTMENT OF ASSETS. Code Section 47-1-11 Enacted. No. 1599 (House Bill No. 1684). AN ACT To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, so as to provide for the investment and reinvestment of assets of local retirement systems under the same terms, conditions, limitations, and restrictions as are imposed on domestic life insurance companies; 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 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, generally, is amended by adding at the end thereof a new Code Section 47-1-11 to read as follows: 47-1-11. (a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system, provided that, except as provided in subsection (b) of this Code section, such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities.

Page 1241

(b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. STATE TOLLWAY AUTHORITYCONTRIBUTIONS FROM THE UNITED STATES GOVERNMENT. Code Section 32-10-60 Amended. No. 1600 (House Bill No. 1713). AN ACT To amend Code Section 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority Law, so as to allow additionally the contributions from the United States government to be considered in the determination of whether a project of the State Tollway Authority is self-liquidating; to remove certain limitations on such determinations; 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 32-10-60 of the Official Code of Georgia Annotated, relating to the definitions in the State Tollway Authority law, is amended by striking paragraph (8) of said Code section in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows:

Page 1242

(8) `Self-liquidating' means that, in the judgment of the authority, the revenues and earnings to be derived by the authority from any project or combination of projects, together with any maintenance, repair, operational services, funds, rights of way, engineering services, and any other in-kind services to be received by the authority from appropriations of the General Assembly, the department, other state agencies or authorities, the United States government, or any county or municipality, shall be sufficient to provide for the maintenance, repair, and operation and to pay the principal and interest of revenue bonds which may be issued for the cost of such project, projects, or combination of projects. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. COUNTY BOARDS OF HEALTHMEMBERSHIP. Code Section 31-3-2 Amended. No. 1601 (House Bill No. 1757). AN ACT To amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to change the provisions relating to the chief executive officer of the largest municipality of a county being a member of a county board of health; to authorize the adoption of certain county ordinances when the legal situs of the largest municipality lies within an adjoining county; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 1243

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, is amended by striking paragraph (7) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (7) to read as follows: (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; provided, however, that whenever the legal situs of such largest municipality lies within an adjoining county, the county governing authority may adopt an ordinance providing: (A) For the selection by the county governing authority of the chief executive officer, by whatever name designated, of the governing authority of any municipality lying wholly or partially within the county to fill the position on the county board of health authorized by this paragraph; (B) That the chief executive officer so selected may designate another member of the respective municipal governing authority, whose term of office is the same as that of the chief executive officer, to serve in the place of the chief executive officer; (C) That the chief executive officer so selected or the chief executive officer's designee shall serve for a term of office as a member of the county board of health concurrent with the term of office as a member of the municipal governing authority; (D) That a vacancy in the position on the county board of health which is held by the chief executive officer or the chief executive officer's designee shall be filled for the unexpired term by the county governing authority; and (E) That the first member of the county board of health selected by the county governing authority under

Page 1244

such ordinance may take office at any time on or after January 1, 1987, and that the term of office of the member of the county board of health holding office pursuant to this paragraph on December 31, 1986, shall expire on the day immediately preceding the day such first member selected under such ordinance takes office. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. BANKING AND FINANCETRANSFER OF TRUST POWERS BY BANKS TO AFFILIATED TRUST COMPANIES; TRUST SERVICES. Code Sections 7-1-320 through 7-1-325 Enacted. Code Section 7-1-612 Amended. No. 1602 (House Bill No. 1784). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to define certain terms; to permit a bank exercising trust powers to transfer fiduciary responsibilities to an affiliated trust company; to provide for certain filings; to provide for retention of liability; to provide for the abandonment of the affiliate transfer or the appointment of a successor fiduciary; to provide for certain agency relationships; to authorize, with the consent of the department, a bank or trust company which does not exercise trust powers to offer trust services by contracting with a bank or trust company exercising trust powers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1245

Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new part between Parts 4 and 5 of Article 2, to be designated Part 4A, to read as follows: Part 4A 7-1-320. As used in this part, the term: (1) `Affiliate transfer' means a transfer by which a bank or trust company delegates, assigns, or transgers to an affiliated trust company all of its rights, powers, privileges, accounts, and designations with respect to one more of its various capacities as fiduciary. (2) `Affiliated trust company' means a trust company which is affiliated with a bank. A trust company shall be considered an affiliate with a bank in accordance with the definition of such term set forth in paragraph (1) of Code Section 7-1-4. (3) `Bank' means a corporation as defined in either paragraph (7) or (23) of Code Section 7-1-4 and having its principal place of business in Georgia. (4) `Fiduciary' means a bank or trust company acting in such capacity as set forth in paragraph (20) of Code Section 7-1-4 or as further defined by regulations of the department. (5) `Trust company' means a corporation as defined in paragraph (40) of Code Section 7-1-4 or a national bank having: (A) Authority to conduct business only to the extent of its trust powers as provided in 12 U.S.C. Section 92a; and (B) A principal place of business in Georgia. 7-1-321. (a) Any bank authorized by law to engage in the business of acting as a fiduciary is authorized and empowered to make an affiliate transfer whether or not each governing

Page 1246

instrument expressly provides for or contemplates an affiliate transfer or whether or not the fiduciary capacity was created by will, indenture, trust, court order, agreement, or other means. No affiliate transfer shall constitute: (1) A resignation or disqualification of the bank as fiduciary; or (2) A relinquishment of trust powers by the bank making the affiliate transfer. Upon execution of an instrument effecting an affiliate transfer by a bank, the affiliated trust company shall, as of the date specified in the instrument, have all of the rights, powers, privileges, appointments, accounts, and designations of the bank regarding each fiduciary capacity so transferred and shall have title to all property, real, personal, and mixed, and all debts due on whatever account, and all other choses in action, and each and every other interest of or belonging to or due to the bank as fiduciary shall be taken and deemed to be transferred to and vested in the affiliated trust company as fiduciary without further act or deed. The affiliated trust company shall file an affidavit of record with the clerk of the superior court in each county of this state setting forth its name, a copy of its governing instrument, a list of the banks with which it is affiliated, a statement of the facts which establish the affiliate relationship, and such other information as may be appropriate. All affidavits shall be available for public inspection and copying during regular office hours. (b) Upon an affiliate transfer by a bank, the affiliated trust company, in each fiduciary capacity transferred, shall thenceforth be responsible for the performance of all of the duties, responsibilities, and obligations of the bank in such fiduciary capacity, and any claim existing or action or proceeding pending by or against the fiduciary may be prosecuted as if the affiliate transfer had not taken place and the affiliated trust company, as fiduciary, may be substituted in place of the bank, as fiduciary. Neither the rights of creditors to nor any liens upon the property held in any fiduciary capacity shall be impaired by any affiliate transfer. 7-1-322. (a) Notwithstanding the provisions of Code Section 7-1-321, no affiliate transfer shall relieve the bank

Page 1247

of any liability with respect to any of its acts and doings as fiduciary, and the bank shall remain liable and responsible to all affiliate transfer beneficiaries and other parties at interest with respect to all actions of the affiliated trust company as if performed by the bank itself. (b) The bank shall be relieved of any claims, liabilities, or actions arising after the affiliate transfer where such affiliate transfer is expressly authorized by the terms of the instrument governing the fiduciary capacity. (c) Upon application by an interested party, the bank shall within 30 days either abandon the affiliate transfer subject to such application or proceed to have a successor fiduciary appointed as provided by law. (d) Nothing in this Code section shall be construed to impair any right of the grantor or beneficiaries of any fiduciary relationship under applicable instruments or otherwise to secure or provide for the appointment of a substituted fiduciary. 7-1-323. In addition to and not in limitation of the other powers provided in this part, any bank shall be entitled and empowered to designate an affiliated trust company as its agent for the performance of all acts, obligations, and responsibilities of the bank with respect to any fiduciary capacity. In such event, the bank shall remain fully responsible and liable with respect to all actions of the affiliated trust company as if performed by the bank itself. No such agency relationship shall: (1) Be deemed an impermissible delegation of responsibility or duty by the bank; or (2) Constitute a resignation or disqualification of the bank as fiduciary or a relinquishment of trust powers by the bank. 7-1-324. Upon any affiliate transfer, the affiliate trust company may be designated in any deed, trust, agreement, filing, instrument, notice, certificate, pleading, or other document as successor fiduciary pursuant to this part.

Page 1248

7-1-325. Except as expressly provided, nothing in this part shall be construed to amend or modify in any way the laws of the State of Georgia with respect to the establishment of banks, trust companies, branch banks, or bank holding companies or the conduct of the banking business or any part thereof. Section 2 . Said chapter is further amended by striking Code Section 7-1-612, relating to the power of banks to contract with other banks for trust services, in its entirety and substituting in lieu thereof a new Code Section 7-1-612 to read as follows: 7-1-612. Notwithstanding any other provisions of this part to the contrary, any bank or trust company which does not exercise trust powers as provided in this chapter, whether or not such powers have been incorporated into its articles, may, with the consent of the department, contract with any bank or trust company exercising trust powers to provide for the latter bank or trust company to offer trust services through the branches and offices of the former bank or trust company. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1249

JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIARETIREMENT BENEFITS; DISABILITY BENEFITS. Code Section 47-11-71 Amended. Code Section 47-11-73 Enacted. No. 1603 (Senate Bill No. 4). AN ACT To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for additional increased retirement benefits; to provide for eligibility for disability benefits; to provide for the determination of disability; to provide for the amount of disability benefits; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by adding at the end of Code Section 47-11-71, relating to amount of retirement benefits for probate judges, a new subsection (f) to read as follows: (f) Any other provision of law to the contrary notwithstanding, an additional retirement benefit shall be paid to each person who is receiving benefits on July 1, 1986, or who becomes entitled to receive benefits on or after July 1, 1986. Such additional benefits shall be equal to 25 percent of the benefit such person would otherwise be entitled to receive as calculated pursuant to subsections (a) through (e) of this Code section. Section 2 . Said chapter is further amended by adding at the end of Article 5 a new Code Section 47-11-73 to read as follows: 47-11-73. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing

Page 1250

four years of creditable service if he becomes totally and permanently disabled after commencing service as a probate judge. Any such probate judge shall be entitled to receive retirement benefits in the amount that he would receive if his retirement were effective at the time he became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the probate judge shall be determined by the board. Section 3 . This Act shall become effective July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIASECRETARIES OF SUPERIOR COURT JUDGES AND DISTRICT ATTORNEYS; CREDITABLE SERVICE. Code Section 47-2-264 Amended. No. 1604 (Senate Bill No. 50). AN ACT To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, so as to provide that certain secretaries of superior court judges and district attorneys shall have the right to purchase service credit for certain periods of time during which they were employed as such secretaries prior to becoming members of the retirement system; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1251

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership of certain judicial officers and employees in the Employees' Retirement System of Georgia, is amended by striking Code Section 47-2-264, relating to membership in the retirement system of secretaries of superior court judges and district attorneys, and inserting in lieu thereof a new Code Section 47-2-264 to read as follows: 47-2-264. (a) Each secretary employed by a judge of the superior court or a district attorney under Code Section 15-6-25 or 15-18-17 shall be a member of the Employees' Retirement System of Georgia with a commencement date of July 1, 1975. Any such secretary who is already a member of the retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available for the operation of the superior courts, and all such payments shall be in addition to the regular compensation provided by law for such secretaries. (b) Any member who is a secretary of a judge of the superior court or a district attorney and who was employed as such a secretary prior to July 1, 1975, may receive creditable service under this chapter for such employment prior to July 1, 1975, as provided in this subsection. In order to obtain creditable service under this subsection, the member shall provide to the board of trustees acceptable evidence of the period prior to July 1, 1975, during which the member was employed as a secretary of a judge of the superior court or a district attorney and shall pay to the board of trustees an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service claimed by the member. No creditable service shall be allowed under this subsection for any period of employment for which creditable service is allowed under any other provision of this chapter or for which creditable service is received under any provision of any other retirement or pension

Page 1252

system of this state or of any political subdivision of this state. Section 2 . This Act shall become effective July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIARETIREMENT BENEFITS FOR CLERKS AND THEIR SPOUSES. Code Sections 47-14-70, 47-14-71, 47-14-74, and 47-14-75 Amended. No. 1605 (Senate Bill No. 109). AN ACT To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to change the provisions relating to retirement benefits for clerks of the superior court and their spouses who are receiving benefits under this chapter or who may become eligible for benefits in the future; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking in their entirety subsections (a), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits, and inserting in lieu thereof new subsections (a), (d), and (e) to read as follows:

Page 1253

(a) A member with at least 20 years of service shall receive retirement benefits of $680.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $544.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $408.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. No other type of service shall be counted toward such retirement benefit. Section 2 . Said chapter is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for

Page 1254

disability benefits, and inserting in lieu thereof a new Code Section 47-14-71 to read as follows: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if he becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $680.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board. Section 3 . Said chapter is further amended by striking in its entirety Code Section 47-14-74, relating to application of certain increases in benefits to benefits paid to surviving spouses, and inserting in lieu thereof a new Code Section 47-14-74 to read as follows: 47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1986, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1986 shall also be used in the computation of any retirement benefits allowed a surviving spouse of a deceased clerk pursuant to the terms of this chapter. Section 4 . Said chapter is further amended by striking in its entirety Code Section 47-14-75, relating to eligibility for benefit increases enacted on April 1, 1983, and inserting in lieu thereof a new Code Section 47-14-75 to read as follows: 47-14-75. Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1986, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 1986. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on June 30, 1986. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of

Page 1255

Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1986. Section 5 . This Act shall become effective July 1, 1986. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. GEORGIA LEGISLATIVE RETIREMENT SYSTEMEMPLOYEE CONTRIBUTIONS; SERVICE RETIREMENT ALLOWANCE. Code Sections 47-6-60 and 47-6-80 Amended. No. 1606 (Senate Bill No. 120). AN ACT To amend Chapter 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, so as to provide for an additional employee contribution to the system; to increase the monthly service retirement allowance; to provide that increases in the monthly service retirement allowance shall apply to present beneficiaries as well as to members who retire after the increase becomes effective; 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 6 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Legislative Retirement System, is amended by adding at the end of Code Section 47-6-60, relating to employee contributions to the retirement system, a new subsection (f) to read as follows:

Page 1256

(f) In addition to the employee contributions required by subsections (a) and (d) of this Code section, effective July 1, 1986, each member shall contribute 1 percent of the member's monthly salary to the system. Such members shall have such additional amount of employee contributions required by this subsection deducted by the legislative fiscal officer from their monthly salary along with the other deduction from such salary made by said legislative fiscal officer pursuant to subsections (a) and (d) of this Code section. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 47-6-80, relating to the retirement allowance and application therefor, in its entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: (d) Upon such retirement under subsection (a) of this Code section, the retired member shall receive a monthly service retirement allowance which shall be equal to $20.00 multiplied by the number of years of the member's creditable service. (e) Any increase in the monthly service retirement allowance which becomes effective on July 1, 1986, or at any time after that date as a result of a change in the benefit formula provided for by subsection (d) of this Code section shall be applicable to retired former members who are beneficiaries of the system at the time the increase becomes effective as well as to members who retire after the increase becomes effective. Section 3 . This Act shall become effective July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1257

SUPERIOR COURT JUDGES RETIREMENT SYSTEMCOST-OF-LIVING ADJUSTMENTS; APPLICABILITY TO SURVIVING SPOUSES. Code Section 47-9-76 Amended. No. 1607 (Senate Bill No. 174). AN ACT To amend Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, so as to provide that such cost-of-living adjustments shall apply to the surviving spouses of members who elected cost-of-living benefit adjustments and spouses benefits coverage; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-9-76 of the Official Code of Georgia Annotated, relating to cost-of-living benefit adjustments under the Superior Court Judges Retirement System, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) The cost-of-living postretirement benefit adjustments provided for by this Code section shall apply to the surviving spouse of any member who had selected coverage under this Code section and who had selected spouses benefits coverage under Code Section 47-9-73. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1258

TEACHERS RETIREMENT SYSTEM OF GEORGIAMEMBERS WHO WERE FORMER MEMBERS OF THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; WITHDRAWAL OF CONTRIBUTIONS. Code Section 47-3-85 Amended. No. 1608 (Senate Bill No. 206). AN ACT To amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, so as to change the provisions relating to the number of times contributions may be withdrawn from the Employees' Retirement System of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit under the Teachers Retirement System of Georgia for service rendered by former members of the Employees' Retirement System of Georgia who withdrew employee contributions from said retirement system, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any current member who was previously a member of the Employees' Retirement System of Georgia, set forth in Chapter 2 of this title, and who withdrew employee contributions from that system not more than three times after January 1, 1961, may establish the service under that system as creditable service under this retirement system, upon rendering at least three years of service as a contributing member of this retirement system, provided that such member pays into this retirement system for all such service rendered while a member of the Employees' Retirement System of

Page 1259

Georgia an amount equal to the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia were withdrawn to the date such amount is paid. The Employees' Retirement System of Georgia shall pay to this retirement system the employer contributions paid to the Employees' Retirement System of Georgia, plus accrued interest, for any such member upon receipt of notice from this retirement system. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. DOMESTIC RELATIONSREVISION OF PERMANENT ALIMONY FOR THE SUPPORT OF A CHILD; CHANGE IN INCOME OR FINANCIAL STATUS OF EITHER FORMER SPOUSE. Code Sections 19-6-19 and 19-6-20 Amended. No. 1609 (Senate Bill No. 445). AN ACT To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for revision of certain awards of permanent alimony for the support of a child or children upon the filing of certain petitions showing a change in the income or financial status of either former spouse or in the needs of the child or children; to provide for such revision by the jury or the judge; to provide for certain issues that warrant either a downward

Page 1260

or upward revision or modification of certain permanent alimony judgments; 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 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking subsection (a) of Code Section 19-6-19, relating to revision of judgments for permanent alimony or child support, and inserting in its place 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 either former spouse or in the needs of the child or children. 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 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 either former spouse or in the needs of the child or children 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.

Page 1261

Section 2 . Said chapter is further amended by striking Code Section 19-6-20, relating to certain merits not at issue, and inserting in its place a new Code Section 19-6-20 to read as follows: 19-6-20. In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party, a child or children, or both, are entitled to alimony and support are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse or in the needs of the child or children, in cases of permanent alimony for the support of a child or children, or in the income and financial status of either former spouse, in cases of permanent alimony for the support of a former spouse, as to warrant either a downward or upward revision or modification of the permanent alimony judgment. Section 3 . This Act shall become effective July 1, 1986. The provisions of this Act shall apply to judgments providing permanent alimony for the support of a child or children rendered on or after July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1262

TEACHERS RETIREMENT SYSTEM OF GEORGIAAVERAGE COMPENSATION. Code Section 47-3-120 Amended. No. 1610 (House Bill No. 251). AN ACT To amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, so as to change the provisions relative to the computation of average 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 47-3-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Teachers Retirement System of Georgia, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) 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

Page 1263

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. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. EDUCATIONSICK AND ANNUAL LEAVE FOR TEACHERS AND OTHER PERSONNEL; BREAKS IN SERVICE; CERTIFICATION. Code Section 20-2-850 Amended. No. 1611 (House Bill No. 345). AN ACT To amend Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers and other personnel, so as to provide that accumulated sick and annual leave shall not be forfeited for a certain break in service if the break in service is to seek a higher or different level of certification; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-850 of the Official Code of Georgia Annotated, relating to sick and annual leave for teachers

Page 1264

and other personnel, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Any unused sick and personal leave accumulated by personnel pursuant to subsection (a) of this Code section shall be credited to such personnel and shall be transferred when there is a change in the employment of such personnel from one local board of education to another, but no local board of education shall be required to transfer funds to another, nor shall the State Board of Education provide funds to a local unit of administration beyond those authorized by Code Section 20-2-161 to finance the potential or actual cost incurred by a local unit of administration through the employment of personnel transferring accumulated unused sick and personal leave. Any accumulated unused sick and personal leave credited to personnel shall be forfeited if such personnel withdraw from service for a period of 12 or more consecutive months, unless the withdrawal from service is for educational leave to seek a higher level or different field of certification and provided that the withdrawal from service for this purpose is for no longer than 24 consecutive months. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1265

SUPERIOR COURT JUDGES RETIREMENT SYSTEMCALCULATION OF SPOUSES BENEFITS UPON DEATH OF A MEMBER. Code Section 47-9-73 Amended. No. 1612 (House Bill No. 397). AN ACT To amend Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, so as to change the provisions relating to the calculating of spouses benefits upon the death of a member; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-9-73 of the Official Code of Georgia Annotated, relating to spouses benefits coverage under the Superior Court Judges Retirement System, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b), to read as follows: (b) Upon the death of a member who is subject to this Code section and who has attained a minimum of ten years of creditable service, the surviving spouse of such member shall be entitled to receive for life, or until the remarriage of such surviving spouse, a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of the member's death, if retired at such time, or which would have been payable to the member had the member retired as of the date of the member's death or, if the member had not attained age 60 at the time of death, 50 percent of the retirement benefit the member would have received had the member lived and retired at age 60, as applied to members in service on June 30, 1986, but as applied to persons first or again becoming members on or after July 1, 1986, who have not attained age 60 at the time of death, the benefit of the surviving spouse shall be 50 percent

Page 1266

of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death. Section 2 . This Act shall become effective July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACOUNTY PROBATION SYSTEM EMPLOYEES. Code Section 47-2-296 Amended. No. 1613 (House Bill No. 422). AN ACT To amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, so as to change the provisions relating to employee and employer contributions in cases where an employee elects to continue membership in a local 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 . Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to rights and options of county probation system employees in connection with the Employees' Retirement System of Georgia, is amended by striking subsection

Page 1267

(c) in its entirety and inserting a new subsection (c) to read as follows: (c) If an employee subject to this Code section was a member of a local retirement system at the time the applicable county probation system became a part of the state-wide probation system, such employee, subject to the limitations of subsection (f) of this Code section, may either continue active membership in the local retirement system as provided in this subsection or become a member of the Employees' Retirement System of Georgia and transfer creditable service as an employee of the local retirement system to the Employees' Retirement System of Georgia as provided in subsection (d) of this Code section. Such employees who are subject to the provisions of subsection (e) of this Code section shall have the additional option to retire under the local retirement system, if qualified therefor, as provided in said subsection (e). An employee electing to continue membership in a local retirement system shall have the right to continue such membership and the salary received by such employee as an employee of the Department of Corrections or other state department shall be the salary of such employee for all purposes under the local retirement system. If applicable to any such employee, any county supplement to the state salary of such employee shall be included as salary for the purposes of a local retirement system in which such employee continues membership. Except as otherwise provided in this subsection for the use of certain employer contributions to offset required employee contributions, such employee shall continue to pay the employee contributions required under the local retirement system; and, for such purposes, the Department of Corrections or other state department if the employee subsequently becomes employed by another department of the state government may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the

Page 1268

local retirement system and shall be paid by the Department of Corrections or by another state department when applicable to the local retirement system; provided, however, that, if the employer contributions paid by the Department of Corrections or other state department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the percentage rate of employer contributions paid by the Department of Corrections or other state department and the percentage rate of employer contributions applicable to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local retirement system; provided, further, that, if the employer contributions to be paid by the Department of Corrections or other state department under this subsection would exceed the total employee and employer contributions required under the local retirement system, the Department of Corrections or other state department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system. An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia. Section 2 . This Act shall become effective July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1269

LOCAL GOVERNMENTSDISCLOSURE BY OFFICIALS OF INTERESTS IN PROPERTY TO BE REZONED; DISCLOSURE OF CONTRIBUTIONS OR GIFTS. Code Title 36, Chapter 85 Enacted. No. 1614 (House Bill No. 618). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require certain disclosures when any local government official or a member of the official's family has certain interests in certain property to be rezoned or in a business entity which has certain interests in that property; to provide for definitions; to require applicants for rezoning actions to make certain disclosures if the applicants make certain contributions or gifts; to provide for penalties; 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 thereof a new Chapter 85 to read as follows: CHAPTER 85 36-85-1. As used in this chapter, the term: (1) `Applicant' means any individual or business entity applying for rezoning action. (2) `Business entity' means any corporation, partnership, limited partnership, firm, enterprise, franchise, association, or trust. (3) `Financial interest' means all direct ownership interests of the total assets or capital stock of a business entity where such ownership interest is 10 percent or more.

Page 1270

(4) `Local government' means any county or municipality of this state. (5) `Local government official' means any member of the governing authority of a local government or any member of a planning or zoning commission. (6) `Member of the family' means the spouse, mother, father, brother, sister, son, or daughter of a local government official. (7) `Property interest' means the direct or indirect ownership of real property and includes any percentage of ownership less than total ownership. (8) `Real property' means any tract or parcel of land and, if developed, any buildings or structures located on the land. (9) `Rezoning action' means action by local government adopting an amendment to a zoning ordinance which has the effect of rezoning real property from one zoning classification to another. 36-85-2. A local government official who: (1) Has a property interest in any real property affected by a rezoning action upon which that official is authorized to vote; (2) Has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action upon which that official is authorized to vote; or (3) Has a member of the family having any interest described in paragraph (1) or (2) of this Code section shall immediately disclose the nature and extent of such interest, in writing, to the governing authority of the local government in which the local government official is a member. Such disclosures shall be a public record and available for public inspection at any time during normal working hours.

Page 1271

36-85-3. (a) When any applicant for rezoning action has made, within two years immediately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more or made gifts having in the aggregate a value of $250.00 or more to a local government official of the local government which will consider the application, it shall be the duty of the applicant and the attorney representing the applicant to file a disclosure report with the governing authority of the respective local government showing: (1) The name of the local government official to whom the campaign contribution or gift was made; (2) The dollar amount of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution; and (3) An enumeration and description of each gift having a value of $250.00 or more made by the applicant to the local government official during the two years immediately preceding the filing of the application for the zoning change. (b) The disclosures required by subsection (a) of this Code section shall be filed within ten days after the application for the rezoning action is first filed. 36-85-4. Any local government official knowingly failing to make a disclosure required by Code Section 36-85-2 shall be guilty of a misdemeanor. Any applicant for rezoning action knowingly failing to make any disclosure as required by Code Section 36-85-3 shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1272

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESYEAR'S SUPPORT; APPRAISERS; AMOUNT; PROCEDURES; TIME PERIODS; RIGHTS OF REDEMPTION; SCHEDULES. Code Title 53, Chapter 5 Amended. No. 1615 (House Bill No. 908). AN ACT To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, so as to eliminate provisions for the determination of year's support by appraisers; to provide criteria for determining the amount of year's support; to change the period of time for which year's support may be granted; to clarify provisions relating to rights of redemption in property set aside; to provide that an application for year's support shall contain a schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support; to provide that if there is no objection year's support shall be set aside as proposed by the applicant; to provide that if there is objection the property or money or both to be set aside shall be determined by the judge of the probate court; to provide for procedures and 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 . Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support for spouses and children from decedents' estates, is amended by striking Code Section 53-5-2, relating to the right to and procedure for setting aside year's support, and inserting in its place a new Code section to read as follows: 53-5-2. (a) Among the necessary expenses of administration, and to be preferred before all other debts, except as otherwise specially provided, is the provision for the support of the family, to be ascertained as provided in this Code section.

Page 1273

(b) Upon the death of any person testate or intestate, leaving an estate solvent or insolvent and leaving a spouse, or a spouse and minor child or children, or minor child or children only, on the application of the spouse, the guardian of the child or children, or any other person in their behalf, proceedings shall be held to set apart and assign to the spouse and children, or children only, either in property or money, a sufficiency from the estate for their support and maintenance for the space of 12 months from the date of death of the testator or intestate, to be determined using the criteria established in subsection (c) of this Code section and keeping in view also the solvency of the estate. If there is a spouse, there shall also be set apart for the use of the spouse and the children a sufficient amount of the household furniture. Notwithstanding any other provisions of this Code section, the amount set apart for the family shall in no event be less than the sum of $1,600.00 if the estate is of that value; and, if it appears upon a just appraisement of the estate that it does not exceed in value the sum of $1,600.00, excluding household goods and furnishings, the whole estate shall be set apart for the support and maintenance of the spouse and child or children or, if no surviving spouse, to the lawful guardian of the child or children, for their benefit; provided, however, that all taxes and liens for taxes accrued against the property set apart, and any equity of redemption applicable to the property set apart, shall be divested as if the entire title were included in the year's support. (c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following: (1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to any separate estate and earning capacity of that person; and (2) Such other relevant criteria as the court deems equitable and proper. (d) All applications for a year's support from the estate of a decedent shall be filed within three years from the date

Page 1274

of death of the decedent; and, in addition thereto, application for a year's support by a spouse or for the benefit of a spouse must be made and filed during the time that the spouse is widowed and while the spouse is living and not otherwise. Section 2 . Said chapter is further amended by striking Code Section 53-5-4, relating to support for subsequent years, and inserting in its place a new Code section to read as follows: 53-5-4. When an estate is to be kept together for more than 12 months and there are no debts to pay, the surviving spouse and minor children to be supported out of the estate shall, upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each year that the estate may be kept together. Section 3 . Said chapter is further amended by striking Code Section 53-5-6, relating to applications for year's support, and inserting in its place a new Code section to read as follows: 53-5-6. All applications for year's support, if made for a surviving spouse or a minor or unborn child, shall contain the following information: (1) If for a surviving spouse, the spouse's given names; maiden name, where applicable; and deceased person's surname; (2) If for a minor, the full name, birthdate (if known), and age. This information shall be furnished for each minor child for whom application is made; (3) If for an unborn child, the deceased father's surname and `unborn child' in lieu of a given name; and (4) A schedule of the property or a statement of the amount of money or both which the applicant proposes to have set aside as year's support. Section 4 . Said chapter is further amended by striking Code Section 53-5-7, relating to appraisal proceedings and the effect of year's support awards, and inserting in its place a new Code section to read as follows:

Page 1275

53-5-7. An order of the court awarding year's support shall have the same force and effect as to property located outside of the county where the administration is pending or where the decedent resided at the time of his death as where property set aside is located in the county where the administration is pending or where the decedent resided at the time of his death; and title to property both inside and outside the county where administration is pending or where the decedent resided at the time of his death shall vest in the surviving spouse, spouse and children, or children only, as provided by law. Section 5 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 53-5-8, relating to proceedings for year's support, and inserting in their place new subsections to read as follows: (a) A copy of the application filed with the judge of the probate court shall be mailed by the judge within five days to the tax commissioner or tax collector of any county in which property proposed to be set apart is located, if the property is in a county other than the county where the application for a year's support has been filed. Where any real property is included in the property proposed to be set apart and assigned as a year's support, the application for year's support shall fully and accurately describe the real property. (b) Upon the filing of the application, the judge shall issue citation and publish notice as required in the appointemnt of permanent administrators, citing all persons concerned to show cause why the application for a year's support should not be granted. If no objection is made after the publication of the notice for four weeks or, if made, is disallowed, the judge shall enter an order setting aside as year's support the property or money or both applied for, as set out in the application. If there is objection to the amount of money or the nature of property or both proposed to be set aside as year's support, the judge of the probate court shall determine the money or property or both to be set aside according to the standards set out in Code Section 53-5-2. If an appeal is taken, pending the appeal the family shall be furnished with necessaries by the representative of the estate.

Page 1276

Section 6 . Said chapter is further amended by striking Code Section 53-5-9, relating to year's support for minor children of different spouses, and inserting in its place a new Code section to read as follows: 53-5-9. If the decedent leaves minor children by different spouses, the judge of the probate court shall specify the portion going to the children of the former spouse or spouses, which portion shall vest in the children. Section 7 . Said chapter is further amended by striking subsection (a) of Code Section 53-5-10, relating to vesting of title of property set apart, and inserting in its place a new subsection to read as follows: (a) Title to the property set apart shall vest in the surviving spouse and child or children or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent. Section 8 . Said chapter is further amended by striking subsection (a) of Code Section 53-5-12, relating to charges and fees in year's support proceedings, and inserting in its place a new subsection (a) to read as follows: (a) The fees of the judge of the probate court shall be paid by the applicant for a year's support out of the fund set apart. Section 9 . This Act shall become effective July 1, 1986, and shall apply to applications for year's support filed on or after said effective date. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1277

CIVIL PRACTICEDISCOVERY; PRODUCTION OF DOCUMENTS; NONPARTIES WHO ARE PRACTITIONERS OF THE HEALING ARTS, HOSPITALS, OR HEALTH CARE FACILITIES; EVIDENCE; PRIVILEGED COMMUNICATIONS TO A CLERGYMAN; MEDICAL INFORMATION. Code Sections 9-11-34, 24-9-22, and 24-9-40 Amended. No. 1616 (House Bill No. 962). AN ACT To revise the scope of certain privileges against divulging information and certain procedures to secure documents from otherwise privileged sources; to amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, so as to change procedures applicable to requests to produce documents made to certain nonparties; to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses, so as to include communications made to a clergyman by a person seeking counseling as privileged; to include certain information of hospitals and health facilities as privileged; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things, is amended by striking in its entirety subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection

Page 1278

(b) of this Code section. If the party desiring such discovery moves for an order under paragraph (a) of Code Section 9-11-37 to compel discovery, he shall make a showing of good cause to support his motion. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under paragraph (a) of Code Section 9-11-37 to compel discovery and, if he shall make a showing of good cause to support his motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith. Section 2 . Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileges of witnesses, is amended by striking in its entirety Code Section 24-9-22, relating to privileged communications to a clergyman, and inserting in its place a new Code Section 24-9-22 to read as follows: 24-9-22. Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or to any Christian or Jewish minister, by whatever name called, shall be deemed privileged. No such minister, priest, or rabbi shall disclose any communications made to him by any such person

Page 1279

professing religious faith, seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, or rabbi be competent or compellable to testify with reference to any such communication in any court. Section 3 . Said article is further amended by striking in its entirety Code Section 24-9-40, relating to when medical information may be released, and inserting in its place a new Code Section 24-9-40 to read as follows: 24-9-40. No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Human Resources, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section 31-12-2 and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his care and treatment or the nature and extent of his injuries at issue in any civil or criminal proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1280

HEALTHDEPARTMENT OF HUMAN RESOURCES AND COUNTY BOARDS OF HEALTH; APPEALS; PROCEDURES; NOTICES; TIME LIMITS. Code Section 31-5-3 Amended. No. 1617 (House Bill No. 1315). AN ACT To amend Chapter 5 of Title 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Resources and county boards of health, so as to provide that appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; to change the provisions for appeal of any final order or action of the Department of Human Resources to the superior court; to provide that such review shall be conducted without a jury and shall be confined to the record; to provide for the standard and procedure for review of agency decisions; to provide standards for receiving a stay of the enforcement of any such final order pending appeal; 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 31 of the Official Code of Georgia Annotated, relating to administration and enforcement by the Department of Human Resources and county boards of health, is amended by striking subsection (a) of Code Section 31-5-3, relating to appeals, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final order or action of a county board of health or agency of the department may have review thereof by appeal to the department. Any person who is a party to a proceeding and who is aggrieved or adversely affected by any final

Page 1281

order or action of the department may have review thereof by appeal to the superior court in the county in which the action arose or to the Superior Court of Fulton County. (2) Appeals to the department shall be heard by it after not less than 20 days' notice delivered by certified mail is given to all parties and their counsel of record, at such times and places as are set forth in such notice; provided, however, if such appeal is not heard and determined within a period of 90 days, the decision shall stand reversed unless all parties consent to an extension of time. Review on appeal to the department shall be confined to the record transmitted from below and the questions raised in the appeal. Orders, rules, regulations, or other decisions of county boards of health or other agencies of the department shall not be set aside on appeal to the department unless contrary to law or rules and regulations of the department, or unsupported by substantial evidence on the record as a whole, or unreasonable. (3) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regulation, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall not be stayed until and unless so ordered and directed by the reviewing court. A reviewing court may order a stay only if the court makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in a manner prescribed by law for the service of process, unless such service of process is waived. 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 department, 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. The court shall

Page 1282

not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the department; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1283

MOTOR CARRIERSREGULATION; CONTRACTS; PERMITS; RECORDS. Code Section 46-1-1 Amended. Code Title 46, Chapter 7 Revised. No. 1618 (House Bill No. 1487). AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide that the commission shall not limit the number of contracts entered into by a contract carrier if certain conditions are met; to provide for a safe, sound, competitive, and fuel efficient motor carrier system vital to the maintenance of a strong intrastate transportation system; to enhance market entry, carrier growth, maximum utilization of equipment and energy resources, and opportunities for minorities and others to enter the motor carrier industry; to change certain definitions; to define certain additional terms; to repeal certain definitions relating specifically to motor common carriers; to change certain provisions relating to the granting of a certificate of public convenience and necessity with respect to motor common carriers; to change the provisions relating to annual registration and licensing of motor common carriers; to provide permits for certain motor common carriers; to provide for the registration of intrastate motor common carriers transporting exempt commodities; to repeal certain provisions relating to records maintained by motor common carriers; to repeal certain provisions relating to the applicability of Article 1 of Chapter 7 of Title 46, relating to motor common carriers; to repeal certain definitions relating specifically to motor contract carriers; to change certain provisions relating to the granting of a certificate of public convenience and necessity with respect to motor contract carriers; to change the provisions relating to annual registration and licensing of motor contract carriers; to provide permits for certain motor contract carriers; to provide for the registration of intrastate contract carriers transporting exempt commodities; to change certain provisions relating to records maintained by motor contract carriers; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1284

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 Code Section 46-1-1, which reads as follows: 46-1-1. As used in this title, the term: (1) `Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) `Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission pursuant to this title. (3) `Commission' means the Public Service Commission. (4) `Common carrier' means a person who undertakes to carry and holds himself out as ready to receive for carriage, goods for hire which he is accustomed to carry or passengers for hire without discrimination as long as he has room. (5) `Company' shall include a corporation, a firm, a partnership, an association, or an individual. (6) `Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (7) `Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle and the lessees, receivers, or trustees of such person used in the transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of this state as a common carrier. However, the term `motor common carrier' shall not include granite trucks that are transporting from quarry to finishing plant across not more than two counties. As used in this paragraph, the term `for hire' shall include an activity wherein for compensation a motor

Page 1285

vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in concert with, under the control of, or under common control with a motor common carrier, who shall offer to furnish transportation for compensation. (8) `Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. The term `motor contract carrier' shall not include: (A) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; (B) Cars and trucks hauling people and farm products exclusively between points not having railroad facilities and not passing through or beyond municipalities having railroad facilities, where not more than nine passengers or one and one-half tons of freight, or both, are transported; (C) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, where the weight of the load does not exceed 18,850 pounds, whether such motor 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. As used in this subparagraph and in subparagraph (F) of this paragraph, the term `producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this subparagraph, the term `agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household

Page 1286

goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture; (D) Motor vehicles used by country merchants in rural districts who handle poultry and farm products in pursuance of their own business and not for hire; (E) Granite trucks that are transporting from quarry to finishing plant, not crossing more than two counties; (F) Motor vehicles engaged in the transportation of peanuts in the shell, peaches, nursery stock, sod grass, potting soil, pine bark nuggets, poultry and processed poultry, dry fertilizer, flue-cured tobacco, corn, soybean meal, or feed for poultry or livestock, cucumbers, tomatoes, beans, green corn, cabbage, peas, potatoes, cantaloupes, watermelons, okra, and green peppers, whether such motor vehicles are owned by the producer or owner of such commodities and products or by any other person, provided that such vehicles do not haul or transport other commodities not exempt by law from the regulations of the commission; (G) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occassionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits; (H) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel;

Page 1287

(I) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (J) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate; (K) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (L) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials, to be used in the construction, reconstruction, or maintenance of public highways, bridges, airport runways (including adjacent taxi strips and parking areas), or dams, when payment for such transportation is made by the United States government, this state, or any county or municipality or other governmental subdivision of this state, or where payment is made by any contractor performing such public work under contract with any such government, and when such truck or vehicle transports such materials for a distance not exceeding 50 miles; (M) Motor vehicles commonly known as tow trucks or wreckers, designated and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; and (N) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers

Page 1288

or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this subparagraph, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected. As used in this paragraph, the term `for hire' shall include an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and shall include every person acting in concert with, under the control of, or under common control with a motor contract carrier, who shall offer to furnish transportation for compensation. (9) `Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his vehicle by his permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (10) `Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character.

Page 1289

(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) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term `hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term `private carrier.' (12) `Railroad corporation' or `railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section.

Page 1290

(13) `Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (14) `Utility' means any person who is subject in any way to the lawful jurisdiction of the commission., and inserting in lieu thereof a new Code Section 46-1-1 to read as follows: 46-1-1. As used in this title, the term: (1) `Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) `Vehicle' or `motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Public Service Commission. (3) `Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (4) `Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission pursuant to this title. (5) `Permit' means a registration permit issued by the Public Service Commission authorizing interstate transportation for hire in Georgia under authority granted by the Interstate Commerce Commission or interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate transportation for hire exempt from the jurisdiction of the Public Service Commission. (6) `Commission' means the Public Service Commission. (7) `Company' shall include a corporation, a firm, a partnership, an association, or an individual.

Page 1291

(8) `Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (9) `Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his vehicle by his permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (10) `For hire' means an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common control with a motor carrier who shall offer to furnish transportation for compensation. (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

Page 1292

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) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term `hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term `private carrier.' (12) `Motor contract carrier and motor common carrier' means as follows: (A) `Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. (B) `Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier. (C) Except as otherwise provided in this subparagraph, the term `motor common carrier and motor contract carrier' shall not include: (i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools;

Page 1293

(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when he is traveling to and from his place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties;

Page 1294

(vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate; (vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's transportation safety rules: (I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that

Page 1295

during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; (VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor 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. For the purposes of this division, the term `producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term `agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of

Page 1296

grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or his agents or employees between forest and mill or primary place of manufacture; (xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commission; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules; (xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided: (I) The parent corporation notifies the commission of its intent or the intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly

Page 1297

a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated inter-corporate hauling operation with the commission, registers and identifies any of its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules. For the purpose of this division, the term `corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules. (xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, assess rates for transportation no lower than the minimum rates prescribed by the commission, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules. (13) `Railroad corporation' or `railroad company' means all corporations, companies, or individuals owning

Page 1298

or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (14) `Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (15) `Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (16) `Utility' means any person who is subject in any way to the lawful jurisdiction of the commission. Section 2 . Said title is further amended by striking in its entirety Code Section 46-7-1, which reads as follows: 46-7-1. As used in this article, the term: (1) `Public highway' means every public street, road, highway, or thoroughfare of any kind in the state. (2) `Vehicle' or `motor vehicle' includes a trailer; and each trailer shall be deemed a separate vehicle. Section 3 . Said title is further amended by striking in its entirety Code Section 46-7-7, which reads as follows: 46-7-7. (a) In determining whether such certificate of public convenience and necessity shall be granted, the commission, among other things, must consider the following: (1) Whether existing transportation service of all kinds is adequate to meet the reasonable public needs; (2) The volume of existing traffic over such route, and whether such traffic and that reasonably to be anticipated in the future can support existing transportation agencies as well as the applicant;

Page 1299

(3) The financial ability of the applicant to furnish adequate, continuous, and uninterrupted service for the year round and to meet the financial obligations of the service which the carrier proposes to perform; (4) The effect, expense, and burden on the public highways, including bridges, and on the traffic, both private and common carrier, thereon; and (5) The effect on existing transportation revenues and service of all kinds, and particularly whether the granting of such certificate will or may seriously impair essential existing public service. (b) No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority when the public convenience and necessity with respect to such route is being adequately served by such certificate or authority holder. No certificate or authority shall be granted to an applicant proposing to operate over the route of any holder of a certificate or authority unless and until it shall be proved to the satisfaction of the commission that the service rendered by such certificate or authority holder over the route is inadequate to the public needs. If the commission is of the opinion that the service rendered by such certificate or authority holder over the route is in any respect inadequate to the public needs, such certificate or authority holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate or authority shall be granted to an applicant proposing to operate over such route., and inserting in lieu thereof a new Code Section 46-7-7 to read as follows: 46-7-7. (a) The commission shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common carrier subject to the jurisdiction of the commission if it finds that: (1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors:

Page 1300

(A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity. (d) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (e) A protest of a motor carrier of property or of passengers to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commission to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application previously filed with the commission for substantially the same authority; or

Page 1301

(3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant. Section 4 . Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-7-15, relating to annual registration and licensing of vehicles operated under certificate, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Every motor common carrier shall annually on or before January 1, as long as its certificate or permit remains in force, or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for registration and licensing of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same. (b) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. Section 5 . Said title is further amended by striking Code Section 46-7-16 in its entirety and inserting in lieu thereof a new Code Section 46-7-16 to read as follows: 46-7-16. (a) Except as otherwise provided in this Code section, before any motor common carrier engaged solely in interstate commerce or any motor common carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first: (1) Secure a registration permit from the Georgia Public Service Commission by making application therefor

Page 1302

on forms supplied by the commission and paying a $25.00 filing fee. Applications for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's interstate operations in this state; or, in the case of motor common carriers exempt from regulation by the Interstate Commerce Commission or the Public Service Commission, the application shall show the commodities or operations claimed to be exempt and the routes or area over which such carriers shall operate in this state. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Except as otherwise provided for in subsection (b) of this Code section, obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any public highway of this state. Each annual registration and identification stamp shall be valid for a 15 month period extending from November 1 of any year through January 31 of the next succeeding year and may be obtained from the Georgia Public Service Commission upon application on a form supplied by the commission and payment of a $5.00 registration and identification fee. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (b) Motor carriers operating in intrastate commerce pursuant to a registration permit as provided for in this article shall obtain an annual registration and license for

Page 1303

each vehicle to be operated under such permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same. (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (a) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the commission to operate in interstate or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for above will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91. (f) It shall not be necessary for any motor common carrier to obtain a certificate of public convenience from the

Page 1304

Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state. Section 6 . Said title is further amended by striking in its entirety Code Section 46-7-22, which reads as follows: 46-7-22. Motor common carriers shall keep records, upon forms prescribed by the commission, of all motor vehicles and trailers used during the current calendar quarter. On or before the tenth day of the month following each calendar quarter, motor common carriers shall file under oath with the commission, upon forms prescribed by the commission, summaries of their daily records which will show the capacity of their motor vehicles and trailers and the miles operated by each motor vehicle and trailer during the preceding quarter, together with such other information as the commission may require. Such summaries of daily records shall be filed and preserved by the commission for a period of at least two years. Section 7 . Said title is further amended by striking in its entirety Code Section 46-7-35, which reads as follows: 46-7-35. (a) This article shall not apply to: (1) Motor vehicles engaged solely in transporting school children and teachers to and from public schools; (2) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits or police limits of cities and are subject to regulation by the governing authorities of such cities or by the commission; and this exception shall apply to taxicabs and buses even though such vehicles may in the conducting of their regular business occasionally go beyond the corporate limits of such cities, provided that they do not operate to or from fixed termini outside of such limits; (3) Motor vehicles operated exclusively within a radius not exceeding five miles from some railroad freight or passenger depot or station, when the operation of the same is by a common carrier which is under the jurisdiction of the Interstate Commerce Commission; or

Page 1305

(4) Motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles. (b) Nothing contained in this article shall require the registration of any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond such corporate limits only for the purpose of hauling chattels which have been seized under any court process. Section 8 . Said title is further amended by striking in its entirety Code Section 46-7-51, which reads as follows: 46-7-51. As used in this article, the term: (1) `Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (2) `Vehicle' or `motor vehicle' includes a trailer; and each trailer shall be deemed a separate vehicle. Section 9 . Said title is further amended by striking in their entirety subsections (f) and (g) of Code Section 46-7-53, relating to certificate of public convenience and necessity with respect to motor contract carriers, which subsections (f) and (g) read as follows: (f) In determining whether such certificate of public convenience and necessity shall be granted, the commission, among other things, shall consider the following: (1) Whether existing transportation service of all kinds is adequate to meet the reasonable public needs; (2) The volume of existing traffic over such route, and whether such traffic and that reasonably to be anticipated in the future can support existing transportation agencies and also the applicant; (3) Financial ability of the applicant to furnish adequate, continuous, and uninterrupted service for the year round;

Page 1306

(4) The effect, expense, and burden on the public highways, including bridges, and on the traffic, both private and common carrier, thereon; and (5) The effect on existing transportation revenues and service of all kinds, and particularly whether the granting of such certificate will or may seriously impair essential existing public service. (g) Certificates of public convenience and necessity shall, unless sooner revoked under this article, expire at the end of seven years from the date of issuance thereof but may be renewed by the commission with or without hearing, in its discretion., and inserting in lieu thereof new subsections (f) through (j) to read as follows: (f) The commission shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor contract carrier subject to the jurisdiction of the commission if it finds that: (1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors: (A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (g) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.

Page 1307

(h) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity. (i) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (j) A protest of a motor carrier of property or of passengers to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commission to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application filed with the commission for substantially the same authority; or (3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant. Section 10 . Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 46-7-60, relating to annual registration and licensing of vehicles operated under certificate, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Every motor contract carrier shall, as soon as its certificate or permit is issued, and annually on or before each succeeding January 1, as long as the certificate or permit remains in force, or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for registration and licensing

Page 1308

of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission may by rule or regulation prescribe and, upon payment of a fee of $5.00 for each vehicle to the commission, shall be entitled to register the same and receive a license therefor. (b) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. Section 11 . Said title is further amended by striking Code Section 46-7-61 in its entirety and inserting in lieu thereof a new Code Section 46-7-61 to read as follows: 46-7-61. (a) Except as otherwise provided in subsection (b) of this Code section, before any motor contract carrier engaged solely in interstate commerce or any motor contract carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first: (1) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. Applications for registration shall show every certificate or permit authority issued to the applicant by the Interstate Commerce Commission with regard to the applicant's interstate operations in this state; or, in the case of motor contract carriers exempt from regulation by the Interstate Commerce Commission or the Public Service Commission, the application shall show the commodities or operations claimed to be exempt and the routes or area over which such carriers shall operate in this state. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the

Page 1309

registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Except as otherwise provided for in subsection (b) of this Code section, obtain an annual registration and identification stamp for each of its motor vehicles operated on or over any public highway of this state. Each annual registration and identification stamp shall be valid for a 15 month period extending from November 1 of any year through January 31 of the next succeeding year and may be obtained from the Georgia Public Service Commission upon application on a form supplied by the commission and payment of a $5.00 registration and identification fee. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (b) Motor carriers operating in intrastate commerce pursuant to a registration permit as provided for in this article shall obtain an annual registration and license for each vehicle to be operated under such permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and the issuance of a license to operate the same. (c) Motor contract carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other vehicle registration and identification provisions contained in subsection (a) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for

Page 1310

each vehicle so registered; and, upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the commission to operate in interstate or intrastate commerce in Georgia pursuant to this Code section and then has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor contract carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91. (f) Notwithstanding any other provision of law to the contrary, any motor contract carrier engaging solely in interstate commerce and transporting, either exclusively or otherwise, any of the commodities described in divisions (12)(C)(x) and (12)(C)(xi) of Code Section 46-1-1, shall comply with the requirements of this Code section. (g) It shall not be necessary for any motor contract carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state.

Page 1311

Section 12 . Said title is further amended by striking in its entirety Code Section 46-7-66, relating to maintenance by motor contract carriers of records as to vehicle and trailer use, and inserting in lieu thereof a new Code Section 46-7-66 to read as follows: 46-7-66. The commission shall have access to the accounts and records of holders of certificates under this article, which accounts and records shall be preserved for a period of three years. The accounts and records of every certificate holder shall be open to the inspection of the commission or its duly constituted agent during normal business hours. The commission shall have the power to cancel any certificate or permit previously issued to any contract carrier for failure to cooperate in providing the carrier's records necessary to provide to the satisfaction of the commission the contract carrier's intrastate operations or for failure to comply with the commission's rules and regulations; but no certificate issued by the commission under this article shall be revoked without notice and hearing to such motor carrier. Section 13 . Said title is further amended by adding between Code Sections 46-7-69 and 46-7-70 a new Code Section 46-7-69.1 to read as follows: 46-7-69.1. The commission shall not limit the number of contracts entered into by a contract carrier, provided that each contract is individually or severally approved through the commission's existing application process. Section 14 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 15 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1312

MUNICIPAL CORPORATIONSSOVEREIGN IMMUNITY; PUBLIC POLICY OF THE STATE; WAIVER; INSURANCE. Code Section 36-33-1 Amended. No. 1619 (House Bill No. 1471). AN ACT To amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to the liability of municipal corporations for acts or omissions of officers, so as to provide that the policy of the State of Georgia is to preserve sovereign immunity of municipalities; to provide for waiver of immunity only in specified instances; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to the liability of municipal corporations for acts or omissions of officers, is amended by striking in its entirety Code Section 36-33-1, relating to liability of municipal corporations generally, and inserting in its place a new Code Section 36-33-1 to read as follows: 36-33-1. (a) Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, the General Assembly, except as provided herein, declares it is the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages. A municipal corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section 33-24-51, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy. This subsection shall not be construed to affect any litigation pending on July 1, 1986. (b) Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or

Page 1313

judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. FAIR BUSINESS PRACTICES ACT OF 1975PROMOTIONAL GIVEAWAYS OR CONTESTS; LOTTERIES. Code Sections 10-1-392, 10-1-393, 16-12-20, 16-12-36, and 44-3-188 Amended. No. 1620 (House Bill No. 1439). AN ACT To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, so as to provide that failure to comply with certain requirements in promotional giveaways or contests shall be unfair or deceptive acts or practices; to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to change the definition of the term lottery; to provide that a promotional contest which complies with the Fair Business Practices Act of 1975 shall not be considered a lottery; to provide that certain promotional giveaways or contests shall be included within the definition of a lottery; to amend Code Section 44-3-188 of the Official Code of Georgia Annotated, relating to the offer of gifts or prizes under the Georgia Time-Share Act, so as to change the applicability of such Code section with respect to other statutes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1314

Section 1 . Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Fair Business Practices Act of 1975, is amended by striking in its entirety subsection (a) of Code Section 10-1-392, relating to definitions under the Fair Business Practices Act of 1975, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this part, the term: (1) `Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his delegate. (1.1) `Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A `career consulting firm' does not guarantee actual job placement as one of its services. A `career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (2) `Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (3) `Consumer transactions' means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (4) `Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5) `Examination' of documentary material means inspection, study, or copying of any such material and

Page 1315

the taking of testimony under oath or acknowledgment in respect of any such documentary material. (6) `Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a `reducing salon,' `health spa,' `spa,' `exercise gym,' `health studio,' `health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (7) `Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (8) `Promotional giveaway or contest' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes, gifts, awards, or other items are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize, gift, award, or other item or to determine which, if any, prize, gift, award, or other item they will receive. Promotional giveaways and contests shall not include any procedure where the receipt of the prize, gift, award, or other item is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature.

Page 1316

(9) `Trade' and `commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the state. Section 2 . Said article is further amended by striking in its entirety paragraph (15) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, and inserting in lieu thereof new paragraphs (15) and (16) to read as follows: (15) Any violation of 15 U.S.C. Sections 1982 through 1987 and any violation of rules prescribed under 15 U.S.C. Section 1988. Notwithstanding anything in this part to the contrary, all such actions in violation of such federal statutes or rules shall be consumer transactions and consumer acts or practices in trade or commerce; or (16) Failure to comply with the following provisions concerning promotional giveaways or contests: (A) Persons who are offered an opportunity to participate must be notified in writing of such opportunity either by mail or personal delivery of said writing prior to the visit to any place of business or otherwise, prior to the seminar, sales presentation, or other presentation; (B) The promotional giveaway or contest must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the place of business or otherwise which participants are required to visit or of the person who is presenting the seminar, sales presentation, or other presentation. The mailing shall contain the name and address of the entity conducting the promotion and of the sponsor, developer, broker, or owner, as applicable, on whose behalf the promotional material is distributed; (C) No person shall be required to pay or furnish any consideration, other than the consideration of traveling

Page 1317

to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize, gift, award, or other item; (D) Each mailing must state the verifiable retail value of each prize, gift, award, or other item which the participant has a chance of receiving and must state the odds of the participant receiving each prize, gift, award, or other item. Odds must be stated as the total number of that particular prize, gift, award, or other item which will be given and of the total number of mailings. The total number of mailings shall include all mailings in which that prize, gift, award, or other item will be given, regardless of whether it includes mailings for other businesses. The odds shall not be listed in any manner which has the capacity to deceive or mislead the participant regarding the participant's chance of receiving the prize, gift, award, or other item. The verifiable retail value and odds for each prize, gift, award, or other item must be stated in conjunction and in immediate proximity with each listing of the prize, gift, award, or other item in each place where it appears on the mailing and must be listed in the same size type, same boldness, and same ink as the prize, gift, award, or other item is listed. For the purposes of this paragraph, the term `verifiable retail value' shall mean one of the following, whichever is less: (i) The price at which the promoter or seller can substantiate that the item or a substantially similar item has been sold at retail in an arm's length transaction; or (ii) No more than three times what the promoter or seller has actually paid for the prize, gift, award, or other item; (E) The participant must be immediately informed which, if any, prize, gift, award, or other item the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, gift, award, or item, or any voucher, certificate, or other evidence of obligation in lieu of the prize, gift, award, or other item, must be

Page 1318

given to the participant at the time the participant is so informed; (F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation has been disclosed to the participant in the mailing or delivery in at least ten-point boldface type; (G) In the event any prize, gift, award, or other item is offered or given which will require the participant to purchase additional goods or services from any person in order to make the prize, gift, award, or other item be what it reasonably appears to be in the mailing or delivery, such requirement must be clearly disclosed in at least ten-point boldface type in each place where the prize, gift, award, or other item is listed in the mailing or delivery; (H) Any limitation on eligibility of participants must be disclosed in the mailing or delivery in at least ten-point boldface type; (I) Substitutes of prizes, gifts, awards, or other items shall not be made. In the event the represented prize, gift, award, or other item is unavailable, the participant shall be presented with a certificate which the business whose goods or services are being promoted shall honor within 30 days by shipping the prize, gift, award, or other item, as represented in the mailing, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the business whose goods or services are being promoted shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the mailing; (J) In the event the participant is presented with a voucher, certificate, or other evidence of obligation as the participant's prize, gift, award, or other item, or in lieu of the participant's prize, gift, award, or other item, it shall be the responsibility of the business whose goods or services are being promoted to honor the voucher, certificate, or other evidence of obligation, as represented

Page 1319

in the mailing or delivery, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obligation fails to honor it as represented in the mailing; (K) The geographic area covered by the mailing must be clearly and conspicuously stated. If the promotion is part of a national sweepstakes, it must be clearly and conspicuously stated that the described prizes, gifts, awards, or other items may be awarded to persons outside of the geographical area within which that particular promotional piece is distributed, with a corresponding explanation that every prize, gift, award, or other item may not be given away at every location; (L) Upon request of the administrator, the business whose goods or services are being promoted must within ten days furnish to the administrator the names, addresses, and telephone numbers of persons who have received any prize, gift, award, or other item; and (M) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners in promotional contests involving an element of chance must be prominently posted at the place of business or distributed to all participants if the seminar, sales presentation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests. Section 3 . Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety paragraph (4) of Code Section 16-12-20, relating to definitions concerning gambling, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization

Page 1320

of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393. Section 4 . Said article is further amended by striking Code Section 16-12-36 in its entirety and inserting in lieu thereof a new Code Section 16-12-36 to read as follows: 16-12-36. (a) A promotional or giveaway contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393 shall not be a lottery. (b) Except as provided in subsection (a) of this Code section, all promotions or promotional contests involving an element of chance in the distribution of prizes, gifts, awards, or other items which otherwise meet the definition of a `lottery' in this article shall be included within the definition of the term `lottery' for purposes of this article, unless specifically exempted by some other statute or law. Section 5 . Code Section 44-3-188 of the Official Code of Georgia Annotated, relating to the offer of gifts or prizes under the Georgia Time-Share Act, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The provisions of this Code section are cumulative with the provisions of paragraph (16) of subsection (b) of Code Section 10-1-393 and of Code Section 16-12-36, relating to promotional or giveaway contests in general. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1321

EMERGENCY MEDICAL SERVICESFIRST RESPONDERS; LICENSES; INSURANCE; MUNICIPALITIES AND COUNTIES; GOVERNMENTAL IMMUNITY. Code Section 31-11-33 Amended. No. 1621 (House Bill No. 1526). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide that first responders may be licensed without satisfying certain insurance requirements where the first responder is a municipality or county government and such municipality or county has not elected to waive its governmental immunity by purchasing vehicle liability insurance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking Code Section 31-11-33 in its entirety and inserting in lieu thereof a new Code Section 31-11-33 to read as follows: 31-11-33. (a) Every ambulance operated by persons engaged in providing ambulance service shall have insurance coverage issued by an insurance company licensed to do business in this state providing at least the minimum coverage required for motor vehicles under Chapter 34 of Title 33, as amended. (b) No ambulance shall be licensed nor shall any license be renewed unless the ambulance has insurance coverage in force as required by this Code section. A certificate of insurance shall be submitted to the license officer for approval prior to the issuance or renewal of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the license

Page 1322

officer, in such form as he may specify, by all licensees required to provide such insurance under this Code section. (c) This Code section shall apply to all ambulances, whether privately operated or operated by the state, any political subdivision thereof, or any municipality. (d) This Code section shall not apply to first responders, which do not transport patients, operated by municipalities or counties that have not elected to waive their governmental immunity by purchasing vehicle liability insurance pursuant to Code Section 33-24-51. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. AD VALOREM TAXPENALTIES FOR FAILURE TO PAY; HOMESTEAD PROPERTY; EXEMPTIONS; COUNTY BOARDS OF TAX ASSESSORS; NUMBER OF MEMBERS. Code Sections 48-2-44 and 48-5-290 Amended. No. 1622 (House Bill No. 1785). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that the penalty for failure to pay ad valorem taxes shall not apply to ad valorem taxes on homestead property which has been acquired by a new owner who did not receive a tax bill and who resided outside of the State of Georgia immediately before acquiring the homestead property; to change the number of members which may be appointed to a county board of tax assessors; to repeal conflicting laws; and for other purposes.

Page 1323

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (b) of Code Section 48-2-44, relating to penalties and interest for failure to pay taxes and revenue held in trust for the state, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) In any instance in which any person willfully fails, on or after July 1, 1981, to pay, within 90 days of the date when due, and ad valorem tax owed the state or any local government, he shall pay, in the absence of a specific statutory civil penalty for the failure, a penalty of 10 percent of the amount of tax due and not paid on or before the time prescribed by law, together with interest as specified by law. This 10 percent penalty shall not, however, apply in the case of: (A) Ad valorem taxes of $500.00 or less on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title; or (B) With respect to tax year 1986 and future tax years, ad valorem taxes of any amount on homestead property as defined in Part 1 of Article 2 of Chapter 5 of this title, if the homestead property was during the tax year acquired by a new owner who did not receive a tax bill for the tax year and who immediately before acquiring the homestead property resided outside the State of Georgia and if the taxes are paid within one year following the due date. (2) Any city or county authorized as of April 22, 1981, by statute or constitutional amendment to receive a penalty of greater than 10 percent for failure to pay an ad valorem tax is authorized to continue to receive that amount. Section 2 . Said title is further amended by striking subsection (b) of Code Section 48-5-290, relating to the creation and appointment of county boards of tax assessors, which reads as follows:

Page 1324

(b) (1) Except as provided in paragraph (2) of this subsection and, with respect to appointment as opposed to election of board members, in Code Section 48-5-309, each county board of tax assessors shall consist of three members to be appointed by the county governing authority. (2) In each county having a population of less than 25,000, according to the United States decennial census of 1970 or any future such census, the board of tax assessors shall consist of not less than three nor more than five members. The number of members to serve on the board shall be determined by the county governing authority., in its entirety and inserting a new subsection (b) to read as follows: (b) Except as provided in Code Section 48-5-309 with respect to the election of board members, each county board of tax assessors shall consist of not less than three nor more than five members to be appointed by the county governing authority. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1325

CRIMES AND OFFENSESINTERSTATE INTERFERENCE WITH CUSTODY; PENALTIES. Code Section 16-5-45 Amended. No. 1623 (House Bill No. 1794). AN ACT To amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to unlawful interference with custody of a minor or other person whose custody is entrusted to another individual, so as to provide that it shall constitute the offense of interstate interference with custody for a person to retain possession of a minor or other person in another state, in violation of lawful custody, after the expiration of a visitation right; to provide for penalties; 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 16-5-45 of the Official Code of Georgia Annotated, relating to unlawful interference with custody of a child or other person whose custody is entrusted to another individual, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) (1) A person commits the offense of interstate interference with custody when without lawful authority to do so the person knowingly or recklessly takes or entices any minor or committed person away from the individual who has lawful custody of such minor or committed person and in so doing brings such minor or committed person into this state or removes such minor or committed person from this state. (2) A person also commits the offense of interstate interference with custody when the person removes a minor or committed person from this state in the lawful exercise of a visitation right and, upon the expiration

Page 1326

of the period of lawful visitation, intentionally retains possession of the minor or committed person in another state for the purpose of keeping the minor or committed person away from the individual having lawful custody of the minor or committed person. The offense is deemed to be committed in the county to which the minor or committed person was to have been returned upon expiration of the period of lawful visitation. (3) A person convicted of the offense of interstate interference with custody shall be guilty of a felony and shall be imprisoned for not less than one year nor more than five years. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. SUPERIOR COURT JUDGES RETIREMENT SYSTEMRETIREMENT AGE; SURVIVING SPOUSES' BENEFITS. Code Sections 47-9-70 and 47-9-73 Amended. No. 1624 (House Bill No. 355). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement System, so as to change the provisions relating to retirement after reaching a certain age; to provide an option for the surviving spouse of certain superior court judges; to provide for payments in connection therewith; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1327

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Judges Retirement System, is amended by striking subsection (a) of Code Section 47-9-70, relating to retirement benefits, disability benefits, spouses benefits, and age of retirement under the Superior Court Judges Retirement System, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Except as otherwise provided in this chapter, any member who has attained 75 years of age and who fails to retire effective on the first day of the calendar month next succeeding that in which he attains 75 years of age shall forfeit his right to receive any retirement or disability benefits under this chapter, provided that a member who held office as a judge of the superior courts on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Code Section 47-9-71. (2) Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980, who was reelected as a judge in 1980, and who attains the age of 75 years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under this chapter. (3) Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system, who is reelected as a judge in the future, and who attains the age of 75 years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under this chapter. Section 2 . Said title is further amended by adding at the end of Code Section 47-9-73, relating to spouses benefits coverage

Page 1328

under the Superior Court Judges Retirement System, a new subsection (l) to read as follows: (l) (1) If a superior court judge had elected spouses benefits under this Code section and such judge had retired prior to the time subsection (k) of this Code section became effective as law, the surviving spouse of such superior court judge may qualify to receive the spouses benefits specified by subsection (b) of this Code section for life, rather than for life or until remarriage, by making a payment to the board of trustees consisting of: (A) The additional amount which would have been paid by the superior court judge under subsection (k) of this Code section if the option provided by said subsection (k) had been available to said judge prior to retirement and such judge had exercised said option; plus (B) Interest at the rate of 6 percent per annum on the amount determined under subparagraph (A) of this paragraph compounded from the date the amount under said subparagraph (A) would have been paid until the date the surviving spouse makes the payment to the board of trustees. (2) The option provided by paragraph (1) of this subsection must be exercised by January 1, 1987. A surviving spouse wishing to exercise said option shall apply therefor to the board of trustees. The board of trustees shall make the calculations required under paragraph (1) of this subsection upon receiving such application and shall advise the surviving spouse of the amount of the payment required under said paragraph (1) and the date on which such payment must be made to the board. Section 3 . This Act shall become effective on July 1, 1986. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1329

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAJUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS; OPTIONAL BENEFITS; RETIREMENT AGE; FORFEITURE. Code Section 47-2-244 Amended. No. 1625 (House Bill No. 666). AN ACT To amend Part 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement System of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, so as to change the provisions relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals; to change the age at which such appellate court judges must retire in order to receive optional benefits; to provide for notices of election of such benefits; to change the provisions relating to forfeiture of contributions; 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 6 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Employees' Retirement System of Georgia of Justices of the Supreme Court, Judges of the Court of Appeals, and their employees, is amended by striking Code Section 47-2-244, relating to optional benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, and inserting in lieu thereof a new Code Section 47-2-244 to read as follows: 47-2-244. (a) The term `appellate court judge,' as used in this Code section, shall mean any Judge, Presiding Judge, or Chief Judge of the Court of Appeals and any Associate Justice, Presiding Justice, or Chief Justice of the Supreme Court.

Page 1330

(b) Any other provision of law to the contrary notwithstanding, any appellate court judge shall be entitled to receive the benefits under this Code section in lieu of any retirement allowances otherwise available under this retirement system and in lieu of the appointment to or the holding of any emeritus office. (c) Any appellate court judge who seeks benefits under this Code section shall tender to the board of trustees before January 1, 1972, or within 60 days after the commencement of such judge's term of office, whichever shall occur later, a written notice stating that the judge has elected to accept such benefits in lieu of any retirement allowances otherwise available under this retirement system and in lieu of the appointment to and the holding of any emeritus office. The notice shall state that in consideration of the payment of benefits under this Code section, such appellate court judge shall resign from office as an appellate court judge on or before the day upon which he or she attains 75 years of age or on the last day of the term in which such appellate court judge is serving when he or she attains age 70, whichever is later. Any notice filed prior to July 1, 1986, by an appellate court judge in active service on such date which contained an agreement to resign on or before such judge's seventieth birthday shall be void and of no force and effect if such judge files a new notice containing an agreement to resign as provided in this subsection and such notice is filed on or before September 1, 1986. (d) As a condition of eligibility for benefits under this Code section, there shall have been deducted from the earnable compensation of an appellate court judge and remitted to the board of trustees a contribution equivalent to 7 1/2 percent of such judge's earnable compensation for each pay period or part thereof after the date of such judge's written notice of election of benefits. Election of benefits under this Code section constitutes an authorization and direction by that appellate court judge to the clerical personnel of such judge's court to withhold such judge's contributions and remit them to the board of trustees in the manner provided by the board of trustees, together with a sum of money available to the court from annual or supplemental appropriations in an amount sufficient to carry out this Code section.

Page 1331

(e) Upon compliance with this Code section, an appellate court judge may retire and receive benefits under this Code section. (f) After ten years of service as an appellate court judge, such judge shall be entitled to receive during life a retirement benefit payable monthly equivalent to 75 percent of the salary of an appellate court judge then serving in the office from which such judge retired. (g) An appellate court judge who is incapacitated prior to the completion of ten years of service as an appellate court judge shall receive during life for each full year of service one-tenth of the benefit such judge would have received had such judge completed ten years of service as an appellate court judge. For the purposes of this subsection, the term `incapacitated' or `incapacity' means physical or mental disability for further performance of duties and shall not mean the attainment of any certain age. (h)The surviving spouse of an appellate court judge, provided such surviving spouse is the designated beneficiary, shall be entitled to receive a benefit payable monthly for life equivalent to 50 percent of the benefits to which the spouse would have been entitled based upon his or her years of service as an appellate court judge and without regard to whether such judge had attained age 65. However, if the designated beneficiary, or beneficiaries, is someone other than the surviving spouse of the deceased judge, then such named beneficiary or beneficiaries shall be entitled to receive a benefit payable monthly for life based on an actuarial equivalent, provided the actuarial equivalent shall not be in excess of 50 percent of the amount that would have been payable to the judge. For the purpose of this provision, in the event the beneficiary, or beneficiaries, is not the member's spouse, the actuarial equivalent shall be computed based upon the assumption that the member had a spouse who was the same age as the member. (i) Survivors benefits shall be available to appellate court judges at prevailing contribution rates and subject to provisions of law and regulations of the board of trustees. (j) If any appellate court judge dies without having received benefits under this Code section and is not survived

Page 1332

by a designated beneficiary who is eligible to receive the benefits provided by this Code section, such judge's contributions shall be paid to his or her estate without interest. If any appellate court judge and such judge's designated beneficiary or beneficiaries die as the result of a common accident prior to the time at which the payment of benefits to the judge equals the total contributions made by such judge plus interest thereon, the difference shall be paid to the estate of the judge. If after retirement an appellate court judge and such judge's designated beneficiary or beneficiaries die, but not as the result of a common accident, prior to the time at which the total benefits paid to the judge and such judge's beneficiary or beneficiaries equal the total contributions made by such judge plus interest thereon, the difference shall be paid to the estate of the last decedent. (k) An appellate court judge who has accrued creditable service under this retirement system may convert such service in order to fulfill the conditions of this Code section on the basis of two years of creditable service being equivalent to one year of service credit under this Code section, provided that creditable service based upon the holding of office as an appellate court judge shall be convertible to service credit under this Code section on an equal time basis. Applications for conversion of service credits under this Code section shall be made in writing to the board of trustees. (l) Any appellate court judge who elects to receive the benefits provided for by this Code section and who fails to resign his office as appellate court judge on or before the day such judge attains age 75 or on the last day of the term in which such appellate court judge is serving when he or she attains age 70, whichever is later, or on or before June 30, 1972, in the event he or she attained age 70 on or prior to June 30, 1972, shall not be entitled to receive any benefits under this Code section and shall forfeit all contributions made under it. (m) No benefit shall be payable to an appellate court judge under this Code section until such judge reaches 65 years of age, except for incapacity. Section 2 . This Act shall become effective July 1, 1986.

Page 1333

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986. MOTOR VEHICLE LICENSE PLATESCOUNTY NAME DECALS; FEES FOR DUPLICATE REGISTRATION CERTIFICATES; AMATEUR RADIO OPERATORS; GENERAL ASSEMBLY. Code Sections 40-2-29, 40-2-41, 40-2-61, 40-2-73, and 40-2-77 Amended. No. 1626 (House Bill No. 1357). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to specify the situations under which a county tag agent may issue county name decals; to provide that county tag agents may retain all the fees for duplicate registration certificates; to provide that special license plates for amateur radio operators shall not contain the words amateur radio; to provide that license plates issued to members of the General Assembly need not display a county name decal; to provide that certain license plates need not display a county name decal until January 1, 1990; 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 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, is amended by adding at the end of Code Section 40-2-29, relating to license plates and decals, a new subsection (f) to read as follows:

Page 1334

(f) A county tag agent shall issue a county name decal for the agent's county only if: (1) The vehicle for which the decal is issued is currently registered in the county named on the decal; (2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or (3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal. Section 2 . Said chapter is further amended by striking Code Section 40-2-41, relating to certificates of registrations, generally, and inserting in lieu thereof a new Code Section 40-2-41 to read as follows: 40-2-41. Upon an applicant's compliance with all laws relevant to the registration of his vehicle, the appropriate licensing authority shall issue to such applicant a certificate of registration for his vehicle. If a registration certificate issued under this chapter is lost, stolen, mutilated, or destroyed or becomes illegible, the registered owner shall promptly make application for a duplicate registration certificate to the commissioner. The commissioner, upon receipt of an application and a fee of 50, shall issue the registered owner a duplicate registration certificate. If the application for a duplicate registration certificate is submitted to the same county that issued the current certificate of registration, the county tag agent may issue the duplicate registration certificate and may retain the application fee as compensation for issuing such duplicate certificate of registration. Section 3 . Said chapter is further amended by striking Code Section 40-2-61, relating to special license plates for members of the General Assembly, and inserting in lieu thereof a new Code Section 40-2-61 to read as follows:

Page 1335

40-2-61. The commissioner shall mail special and distinctive license plates printed for members of the General Assembly to the local tag agent in the counties wherein such members reside on or before December 31 of each year. Such special and distinctive license plates shall be issued only upon applications made to the local tag agent. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 40-2-73, relating to special license plates for amateur radio operators, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of such license, upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles, and upon the payment of an additional fee of $25.00, shall be issued a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission. 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. Section 5 . Said chapter is further amended by striking Code Section 40-2-77, relating to space on license plates for county name decals, and inserting in lieu thereof a new Code Section 40-2-77 to read as follows: 40-2-77. (a) Except as provided in subsection (b) of this Code section, any metal seven-year special, distinctive, or prestige license plate, except those provided for in Code

Page 1336

Section 40-2-61, issued or reissued as authorized in this article from and after July 1, 1985, shall contain a space for a county name decal; and the provisions of this chapter relative to county name decals shall be applicable to all such license plates. (b) The requirements of subsection (a) of this Code section shall apply to the following on or after January 1, 1990: (1) License plates provided for in Code Section 40-2-36; (2) License plates provided for in Code Sections 40-2-62 through 40-2-75; or (3) License plates issued to school buses, ambulances, or forest products haulers. Section 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1986.

Page 1337

APPROPRIATIONSS.F.Y. 1986-87. No. 1627 (House Bill No. 1300). AN ACT To make and provide appropriations for the State Fiscal year beginning July 1, 1986, and ending June 30, 1987; 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, 1986, and ending June 30, 1987, 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 $5,316,000,000 for State fiscal year 1987. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 18,376,402 Personal Services - Staff $ 8,047,607 Personal Services - Elected Officials $ 3,089,775 Regular Operating Expenses $ 1,748,372 Travel - Staff $ 97,800 Travel - Elected Officials $ 5,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 412,100 Equipment Purchases $ 393,000 Computer Charges $ 396,500 Real Estate Rentals $ 62,300 Telecommunications $ 595,200 Per Diem, Fees and Contracts - Staff $ 342,581 Per Diem, Fees and Contracts - Elected Officials $ 1,824,067 Postage $ 141,300 Photography $ 71,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 17,000 Total Funds Budgeted $ 18,376,402 State Funds Budgeted $ 18,376,402 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,472,555 $ 3,472,555 Lt. Governor's Office $ 444,229 $ 444,229 Secretary of the Senate's Office $ 1,015,210 $ 1,015,210 Total $ 4,931,994 $ 4,931,994 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 7,285,996 $ 7,285,996 Speaker of the House's Office $ 269,352 $ 269,352 Clerk of the House's Office $ 1,022,233 $ 1,022,233 Total $ 8,577,581 $ 8,577,581

Page 1339

Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 1,913,707 $ 1,913,707 Legislative Fiscal Office $ 1,399,350 $ 1,399,350 Legislative Budget Office $ 763,990 $ 763,990 Ancillary Activities $ 789,780 $ 789,780 Total $ 4,866,827 $ 4,866,827 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; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction for legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, Legislative Educational Research Council and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives;

Page 1340

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 $ 10,414,872 Operations Budget: Personal Services $ 8,786,182 Regular Operating Expenses $ 261,200 Travel $ 700,000 Motor Vehicle Purchases $ 54,000 Publications and Printing $ 30,000 Equipment Purchases $ 55,000 Per Diem, Fees and Contracts $ 25,000 Real Estate Rentals $ 238,490 Computer Charges $ 205,000 Telecommunications $ 60,000 Total Funds Budgeted $ 10,414,872 State Funds Budgeted $ 10,414,872 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,305,545 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 3,784,560 Section 5. Superior Courts . Budget Unit: Superior Courts $ 30,713,828 Operation of the Courts $ 29,268,640 Prosecuting Attorneys' Council $ 579,032 Sentence Review Panel $ 119,247 Council of Superior Court Judges $ 68,986 Judicial Administrative Districts $ 670,523 Habeas Corpus Clerk $ 7,400 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 207,411 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 308,334 Institute's Operations $ 270,000 Georgia Magistrate Courts Training Council $ 38,334 Section 8. Judicial Council . Budget Unit: Judicial Council $ 662,405 Council Operations $ 570,358 Payments to Judicial Administrative Districts for Case Counting $ 69,000 Board of Court Reporting $ 23,047 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 105,292 Section 10. Council of Magistrate Court Judges . Budget Unit: Council of Magistrate Court Judges $ 20,000 Section 11. Council of Probate Court Judges . Budget Unit: Council of Probate Court Judges $ 20,000 Section 12. Council of State Court Judges . Budget Unit: Council of State Court Judges $ 9,500 PART III. EXECUTIVE BRANCH Section 13. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 31,880,139 Administrative Services Budget: Personal Services $ 34,187,418 Regular Operating Expenses $ 6,930,557 Travel $ 196,000 Motor Vehicle Equipment Purchases $ 382,000 Publications and Printing $ 160,000 Equipment Purchases $ 1,296,015 Computer Charges $ 8,162,000 Real Estate Rentals $ 2,901,000 Telecommunications $ 633,154 Per Diem, Fees and Contracts $ 389,000 Rents and Maintenance Expense $ 19,487,000 Utilities $ 39,000 Unemployment Compensation Reserve $ -0- Postage $ 251,935 Payments to DOAS Fiscal Administration $ 1,960,000 Direct Payments to Georgia Building Authority for Capital Outlay $ -0- Direct Payments to Georgia Building Authority for Authority Lease Rentals $ -0- Direct Payments to Georgia Building Authority for Operations $ 602,000 Telephone Billings $ 28,762,000 Materials for Resale $ 9,913,000 Public Safety Officers Indemnity Fund $ 609,000 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Unemployment Compensation Payments $ -0- Comprehensive General Liability Reserve Fund $ -0- Hazardous Materials Liability Reserve Fund $ 500,000 Utilization Adjustment $ (119,790) Total Funds Budgeted $ 117,321,289 State Funds Budgeted $ 31,880,139 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 327,483 $ 327,483 Departmental Administration $ 2,652,876 $ 2,652,876 Treasury and Fiscal Administration $ 9,838,461 $ 7,878,461 Central Supply Administration $ 9,558,269 $ -0- Procurement Administration $ 2,426,066 $ 2,426,066 General Services Administration $ 587,773 $ -0- Space Management Administration $ 487,781 $ 487,781 Data Processing Services $ 46,842,839 $ 12,227,262 Motor Vehicle Services $ 2,484,106 $ -0- Communication Services $ 33,707,069 $ 6,000,000 Printing Services $ 5,456,252 $ -0- Surplus Property Services $ 1,294,956 $ -0- Mail and Courier Services $ 436,501 $ -0- Risk Management Services $ 1,340,647 $ -0- Utilization Adjustment $ (119,790) $ (119,790) Total $ 117,321,289 $ 31,880,139 B. Budget Unit: Georgia Building Authority $ -0- Georgia Building Authority Budget: Personal Services $ 15,858,647 Regular Operating Expenses $ 3,734,507 Travel $ 8,000 Motor Vehicle Equipment Purchases $ 36,000 Publications and Printing $ 30,000 Equipment Purchases $ 133,280 Computer Charges $ 41,000 Real Estate Rentals $ 39,300 Telecommunications $ 94,316 Per Diem, Fees and Contracts $ 133,800 Capital Outlay $ 230,000 Authority Lease Rentals $ 340,640 Utilities $ 7,370,353 Facilities Renovations and Repairs $ -0- Total Funds Budgeted $ 28,049,843 State Funds Budgeted $ -0-

Page 1345

Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,307,604 $ -0- Custodial $ 3,561,225 $ -0- Maintenance $ 3,146,284 $ -0- Security $ 2,704,755 $ -0- Van Pool $ 110,672 $ -0- Sales $ 3,510,402 $ -0- Administration $ 13,708,901 $ -0- Facility Renovations $ -0- $ -0- Undistributed $ -0- $ -0- Total $ 28,049,843 $ -0- Section 14. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 31,627,158 State Operations Budget: Personal Services $ 25,575,125 Regular Operating Expenses $ 2,318,000 Travel $ 852,000 Motor Vehicle Equipment Purchases $ 531,000 Publications and Printing $ 606,000 Equipment Purchases $ 307,000 Computer Charges $ 258,270 Real Estate Rentals $ 607,000 Telecommunications $ 358,000 Per Diem, Fees and Contracts $ 318,000 Market Bulletin Postage $ 547,000 Payments to Athens and Tifton Veterinary Laboratories $ 1,947,535 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,390,500 Veterinary Fees $ 547,000 Indemnities $ 114,000 Bee Indemnities $ 75,000 Advertising Contract $ 105,000 Payments to Georgia Agrirama Development Authority for Operations $ 409,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 415,000 Capital Outlay $ 2,560,000 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Utilization Adjustment $ (310,280) Total Funds Budgeted $ 39,640,150 State Funds Budgeted $ 31,627,158 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 6,021,680 $ 5,566,050 Animal Industry $ 6,241,278 $ 5,880,708 Marketing $ 2,023,308 $ 2,018,308 General Field Forces $ 3,186,030 $ 3,186,030 Internal Administration $ 3,593,385 $ 3,524,205 Information and Education $ 1,271,790 $ 1,271,790 Fuel and Measures $ 2,334,770 $ 2,329,770 Consumer Protection Field Forces $ 5,409,628 $ 4,318,166 Meat Inspection $ 3,953,900 $ 1,610,450 Major Markets $ 3,749,181 $ 498,508 Seed Technology $ 338,336 $ -0- Entymology and Pesticides $ 1,827,144 $ 1,733,453 Utilization Adjustment $ (310,280) $ (310,280) Total $ 39,640,150 $ 31,627,158 B. Budget Unit: Georgia Agrirama Development Authority $ -0- Georgia Agrirama Development Authority Budget: Personal Services $ 459,000 Regular Operating Expenses $ 115,000 Travel $ 7,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 16,000 Equipment Purchases $ 7,000 Computer Charges $ -0- Real Estate Rentals $ -0- Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 31,000 Capital Outlay $ 205,000 Goods for Resale $ 78,000 Total Funds Budgeted $ 936,000 State Funds Budgeted $ -0- Section 15. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 4,710,914 Administration and Examination Budget: Personal Services $ 3,908,681 Regular Operating Expenses $ 171,000 Travel $ 313,133 Motor Vehicle Equipment Purchases $ 50,800 Publications and Printing $ 13,000 Equipment Purchases $ 7,000 Computer Charges $ 89,000 Real Estate Rentals $ 158,000 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 10,500 Utilization Adjustment $ (45,200) Total Funds Budgeted $ 4,710,914 State Funds Budgeted $ 4,710,914 Section 16. Department of Community Affairs . A. Budget Unit: Department of Community Affairs $ 6,897,911 State Operations Budget: Personal Services $ 4,393,990 Regular Operating Expenses $ 137,000 Travel $ 188,000 Motor Vehicle Equipment Purchases $ 7,000 Publications and Printing $ 78,000 Equipment Purchases $ 20,000 Computer Charges $ 34,000 Real Estate Rentals $ 206,000 Telecommunications $ 73,000 Per Diem, Fees and Contracts $ 101,000 Capital Felony Expenses $ 50,000 Contracts with Area Planning and Development Commissions $ 1,350,500 Local Assistance Grants $ 576,000 Appalachian Regional Commission Assessment $ 139,000 Community Development Block Grants (Federal) $ 30,515,000 Juvenile Justice Grants (Federal) $ 1,000,000 Grant - Richmond County $ -0- Economic Development Grants $ 650,000 Payment to Georgia Development Authority $ 375,000 Technical Assistance to S.D.A. $ -0- Utilization Adjustment $ (36,460) Total Funds Budgeted $ 39,857,030 State Funds Budgeted $ 6,897,911

Page 1349

Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 3,227,354 $ 3,170,354 Technical Assistance $ 2,317,007 $ 1,090,274 Community and Economic Development $ 33,271,339 $ 1,755,588 Intergovernmental Assistance $ 1,077,790 $ 918,155 Utilization Adjustment $ (36,460) $ (36,460) Total $ 39,857,030 $ 6,897,911 B. Budget Unit: Authorities $ -0- Operations Budget: Personal Services $ 2,902,441 Regular Operating Expenses $ 269,957 Travel $ 77,589 Motor Vehicle Equipment Purchases $ 75,018 Publications and Printing $ 74,601 Equipment Purchases $ 40,959 Computer Charges $ 56,000 Real Estate Rentals $ 236,291 Telecommunications $ 79,589 Per Diem, Fees and Contracts $ 138,555 Rental Assistance Payments $ 14,500,000 Grants to Housing Sponsors $ 500,000 Total Funds Budgeted $ 18,951,000 State Funds Budgeted $ -0- Authorities Functional Budgets Total Funds State Funds Georgia Residential Finance Authority $ 18,576,000 $ -0- Georgia Development Authority $ 375,000 $ -0- Undistributed $ -0- $ -0- Total $ 18,951,000 $ -0- Section 17. Department of Corrections . A. Budget Unit: Departmental Operations $ 27,386,004 Departmental Operations Budget: Personal Services $ 11,193,676 Regular Operating Expenses $ 727,000 Travel $ 366,000 Motor Vehicle Equipment Purchases $ 400,000 Publications and Printing $ 65,000 Equipment Purchases $ 99,000 Computer Charges $ 1,640,000 Real Estate Rentals $ 1,112,000 Telecommunications $ 321,000 Per Diem, Fees and Contracts $ 1,054,000 Utilities $ 50,000 County Subsidy $ 8,299,188 County Subsidy for Jails $ 221,900 Court Costs $ 350,000 Central Repair Fund $ 581,000 Grants for County Workcamp Construction $ 1,000,000 Local Jail Equipment Grants $ -0- Grants for Local Jails $ 515,000 Capital Outlay $ 316,000 Utilization Adjustment $ (254,760) Total Funds Budgeted $ 28,056,004 Indirect DOAS Funding $ 450,000 State Funds Budgeted $ 27,386,004 Departmental Operations Functional Budgets Total Funds State Funds General Administration and Support $ 11,492,941 $ 11,042,941 Adult Facilities and Programs $ 15,293,094 $ 15,073,094 Training and Staff Development $ 1,524,729 $ 1,524,729 Utilization Adjustment $ (254,760) $ (254,760) Total $ 28,056,004 $ 27,386,004 B. Budget Unit: Correctional Institutions, Transitional Centers and Support $ 167,153,480 Institutional Operations Budget: Personal Services $ 120,956,861 Regular Operating Expenses $ 19,722,800 Travel $ 90,163 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 90,000 Equipment Purchases $ 2,096,110 Computer Charges $ -0- Real Estate Rentals $ 305,000 Telecommunications $ 1,123,000 Per Diem, Fees and Contracts $ 221,000 Utilities $ 7,618,000 Payments to Central State Hospital for Meals $ 2,464,000 Payments to Central State Hospital for Utilities $ 1,220,000 Payments to Public Safety for Meals $ 287,000 Inmate Release Funds $ 877,000 Health Service Purchases $ 11,600,000 Payments to the Medical Association of Georgia for Jail and Prison Health Care Certification $ 46,000 University of Georgia - Cooperative Extension Service Contracts $ 239,000 Minor Construction Fund $ 860,976 Authority Lease Rentals $ 440,000 Capital Outlay $ -0- Utilization Adjustment $ (1,556,430) Total Funds Budgeted $ 168,700,480 State Funds Budgeted $ 167,153,480 Correctional Institutions, Transitional Centers, and Support Functional Budgets Total Funds State Funds Georgia Training and Development Center $ 2,115,770 $ 2,115,770 Georgia Industrial Institute $ 8,687,691 $ 8,687,691 Alto Education and Evaluation Center $ 1,596,640 $ 1,596,640 Georgia Diagnostic and Classification Center $ 9,638,379 $ 9,638,379 Georgia State Prison $ 18,996,064 $ 18,996,064 Consolidated Branches $ 14,989,546 $ 14,899,546 Middle Georgia Correctional Institution $ 21,391,635 $ 21,391,635 Jack T. Rutledge Correctional Institution $ 4,262,917 $ 4,262,917 Central Correctional Institution $ 3,691,079 $ 3,691,079 Metro Correctional Institution $ 5,003,469 $ 5,003,469 Coastal Correctional Institution $ 4,805,099 $ 4,746,099 Central Funds $ 13,812,421 $ 13,812,421 D.O.T. Work Details $ 725,000 $ -0- Food Processing and Distribution $ 12,938,047 $ 12,290,047 Farm Operations $ 5,400,078 $ 5,375,078 Dodge Correctional Institution $ 3,711,163 $ 3,711,163 Transitional Centers $ 3,714,238 $ 3,714,238 Augusta Correctional and Medical Institution $ 6,372,643 $ 6,372,643 Health Care $ 21,401,283 $ 21,401,283 Richard H. Rogers Correctional Institution $ 4,139,349 $ 4,139,349 Forsyth Correctional Institution $ 2,864,399 $ 2,864,399 Federal Grants $ -0- $ -0- Utilization Adjustment $ (1,556,430) $ (1,556,430) Total $ 168,700,480 $ 167,153,480 C. Budget Unit: Board of Pardons and Paroles $ 15,193,075 Board of Pardons and Paroles Budget: Personal Services $ 12,701,360 Regular Operating Expenses $ 331,970 Travel $ 422,000 Motor Vehicle Equipment Purchases $ 70,000 Publications and Printing $ 43,000 Equipment Purchases $ 85,000 Computer Charges $ 122,000 Real Estate Rentals $ 852,000 Telecommunications $ 347,000 Per Diem, Fees and Contracts $ 64,000 County Jail Subsidy $ 293,895 Utilization Adjustment $ (139,150) Total Funds Budgeted $ 15,193,075 State Funds Budgeted $ 15,193,075 D. Budget Unit: Georgia Correctional Industries $ -0- Georgia Correctional Industries Budget: Personal Services $ 2,602,238 Regular Operating Expenses $ 1,067,950 Travel $ 66,400 Motor Vehicle Equipment Purchases $ 198,000 Publications and Printing $ 8,800 Equipment Purchases $ 310,000 Computer Charges $ 1,985 Real Estate Rentals $ 81,650 Telecommunications $ 75,000 Per Diem, Fees and Contracts $ 270,000 Cost of Sales $ 6,380,000 Repayment of Prior Year's Appropriations $ 84,000 Capital Outlay $ -0- Total Funds Budgeted $ 11,146,023 State Funds Budgeted $ -0- E. Budget Unit: Division of Probations $ 36,228,917 Operations Budget: Personal Services $ 35,437,387 Regular Operating Expenses $ 861,000 Travel $ 678,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 92,000 Equipment Purchases $ 187,000 Computer Charges $ -0- Real Estate Rentals $ 1,078,000 Telecommunications $ 468,000 Utilities $ 326,000 Per Diem, Fees and Contracts $ 12,000 Capital Outlay $ 840,000 Utilization Adjustment $ (322,470) Total Funds Budgeted $ 39,656,917 State Funds Budgeted $ 36,228,917 Division of Probations Functional Budgets Total Funds State Funds Probation Administration $ 801,405 $ 801,405 Probation Field Operations $ 31,968,751 $ 29,328,751 Diversion Centers $ 7,209,231 $ 6,421,231 Utilization Adjustment $ (322,470) $ (322,470) Total $ 39,656,917 $ 36,228,917 Section 18. Department of Defense . Budget Unit: Department of Defense $ 3,954,941 Operations Budget: Personal Services $ 6,371,234 Regular Operating Expenses $ 1,677,000 Travel $ 60,000 Motor Vehicle Equipment Purchases $ 10,000 Publications and Printing $ 40,000 Equipment Purchases $ 107,850 Computer Charges $ 18,000 Real Estate Rentals $ 8,000 Telecommunications $ 76,000 Per Diem, Fees and Contracts $ 141,000 Utilities $ 1,655,000 Grants to Locals - EMA (PA) MS $ 1,498,000 Grants - Others $ 41,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ -0- Grants to Armories $ 510,000 Repairs and Renovations $ 71,000 Utilization Adjustment $ (65,530) Total Funds Budgeted $ 12,278,554 State Funds Budgeted $ 3,954,941 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,535,212 $ 1,035,718 Georgia Emergency Management Agency $ 1,786,743 $ 793,386 Georgia Air National Guard $ 2,973,515 $ 406,590 Georgia Army National Guard $ 5,048,614 $ 1,784,777 Utilization Adjustment $ (65,530) $ (65,530) Total $ 12,278,554 $ 3,954,941 Section 19. State Board of Education - Department of Education . Budget Unit: Department of Education 1,981,493,852 Operations: Personal Services $ 33,784,335 Regular Operating Expenses $ 3,268,210 Travel $ 1,045,401 Motor Vehicle Equipment Purchases $ 115,000 Publications and Printing $ 510,375 Equipment Purchases $ 271,815 Computer Charges $ 8,239,140 Real Estate Rentals $ 1,997,335 Telecommunications $ 610,688 Per Diem, Fees and Contracts $ 9,158,755 Utilities $ 1,098,045 Capital Outlay $ 1,030,000 OBE Formula Grants: Kindergarten $ 120,621,279 Grades 1-3 $ 330,888,401 Grades 4-8 $ 390,033,137 Grades 9-12 $ 209,108,876 Indirect Cost $ 340,262,204 High School Laboratories $ 58,367,296 Vocational Education Laboratories $ 67,642,730 Special Education $ 104,393,896 Gifted $ 10,417,109 Remedial Education $ 13,383,097 Staff Development $ 5,967,005 Media $ 62,040,723 Pre-Paid Teacher Retirement $ (142,000,000) July/August APEG Salaries $ 231,464,756 Pupil Transportation $ 99,464,112 Isolated Schools $ 886,547 Local Fair Share $ (263,245,650) Other QBE Categorical Grants: Equalization Formula $ 84,407,589 Grants for Contract Transfer Payment $ -0- Sparsity Grants $ 500,000 Education of Children of Low-Income Families $ 78,364,380 Retirement $ 1,700,000 Instructional Services for the Handicapped $ 22,688,125 Tuition for the Multihandicapped $ 1,472,000 Severely Emotionally Disturbed $ 26,414,028 School Lunch (Fed.) $ 121,090,490 School Lunch (State) $ 20,939,378 Innovative Programs $ 548,000 Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification $ 5,116,748 Regional Educational Service Areas $ 5,288,671 Georgia Learning Resources System $ 1,249,371 High School Program $ 13,071,296 High School Program (Salaries; July/August) $ 3,579,853 Special Education/State Institutions $ 2,603,867 Governor's Scholarship $ 500,000 Special Projects $ 240,000 Job Training and Partnership Act $ 2,860,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 3,634,434 Salaries and Travel of Public Librarians $ 7,926,960 Public Library Materials $ 4,133,430 Talking Book Centers $ 737,570 Public Library M O $ 3,204,525 Special Education/Hold Harmless $ 8,096,048 Health Insurance - Non Certificated Personnel $ 21,624,000 Teacher Health Insurance - Retired Teachers $ 7,807,000 Grants to Local School Systems for Educational Purposes $ 78,000,000 Payment of Federal Funds to Board of Postsecondary Vocation Education $ 10,440,540 Child Care Lunch Program (Federal) $ 14,261,645 Local School Construction (Asbestos) $ 3,100,000 Chapter II - Block Grant Flow Through $ 8,702,655 Utilization Adjustment $ (298,300) Total Funds Budgeted $ 2,265,195,460 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 1,981,493,852 Education Functional Budgets Total Funds State Funds Instructional Services $ 7,298,768 $ 4,551,833 Governor's Honors Program $ 823,603 $ 808,603 Vocational Education $ 5,394,495 $ 2,631,945 Public Library Services $ 1,944,883 $ 947,883 State Administration $ 10,627,561 $ 9,390,336 Administrative Services $ 8,970,746 $ 5,814,896 Planning and Development $ 10,060,955 $ 9,200,625 Professional Standards Commission $ 194,598 $ 194,598 Vocational Advisory Council $ 160,216 $ -0- Professional Practices Commission $ 473,664 $ 473,664 Georgia Academy for the Blind $ 3,983,628 $ 3,683,198 Georgia School for the Deaf $ 6,386,180 $ 6,206,465 Atlanta Area School for the Deaf $ 4,809,802 $ 4,567,487 Local Programs $ 2,204,364,661 $ 1,933,320,619 Utilization Adjustment $ (298,300) $ (298,300) Total $ 2,265,195,460 $ 1,981,493,852 Section 20. Employees' Retirement System . Budget Unit: Employees' Retirement System $ -0- Employees' Retirement System Budget: Personal Services $ 773,361 Regular Operating Expenses $ 12,000 Travel $ 7,500 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 1,000 Computer Charges $ 174,000 Real Estate Rentals $ 101,000 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 555,000 Postage $ 65,000 Benefits to Retirees $ -0- Employer Contribution $ -0- Total Funds Budgeted $ 1,722,861 State Funds Budgeted $ -0- Section 21. Forestry Commission . Budget Unit: Forestry Commission $ 29,320,164 State Operations Budget: Personal Services $ 23,154,289 Regular Operating Expenses $ 5,558,150 Travel $ 134,000 Motor Vehicle Equipment Purchases $ 1,334,000 Publications and Printing $ 87,000 Equipment Purchases $ 2,182,810 Computer Charges $ 59,000 Real Estate Rentals $ 28,000 Telecommunications $ 572,000 Per Diem, Fees and Contracts $ 171,000 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant $ 90,000 Wood Energy Program $ 68,000 Capital Outlay $ 139,725 Utilization Adjustment $ (260,760) Total Funds Budgeted $ 33,867,214 State Funds Budgeted $ 29,320,164 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 3,150,965 $ 1,037,915 Field Services $ 29,022,581 $ 26,596,581 Wood Energy $ 68,000 $ 68,000 General Administration and Support $ 1,886,428 $ 1,878,428 Utilization Adjustment $ (260,760) $ (260,760) Total $ 33,867,214 $ 29,320,164 Section 22. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 28,099,779 Operations Budget: Personal Services $ 19,321,959 Regular Operating Expenses $ 1,777,730 Travel $ 528,000 Motor Vehicle Equipment Purchases $ 1,145,550 Publications and Printing $ 93,750 Equipment Purchases $ 654,830 Computer Charges $ 2,593,000 Real Estate Rentals $ 1,458,000 Telecommunications $ 1,250,800 Per Diem, Fees and Contracts $ 34,000 Evidence Purchased $ 440,000 Utilities $ 93,000 Postage $ 72,510 Capital Outlay $ 300,000 Utilization Adjustment $ (263,350) Total Funds Budgeted $ 29,499,779 Indirect DOAS Funding $ 1,400,000 Total State Funds Budgeted $ 28,099,779 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 2,595,419 $ 2,595,419 Drug Enforcement $ 5,862,985 $ 5,862,985 Investigative $ 9,474,992 $ 9,474,992 Georgia Crime Information Center $ 7,230,699 $ 5,830,699 Utilization Adjustment $ (219,708) $ (219,708) Total $ 24,944,387 $ 23,544,387 Forensic Sciences Budget: Personal Services $ 3,683,034 Regular Operating Expenses $ 391,000 Travel $ 30,000 Motor Vehicle Equipment Purchases $ 94,000 Publications and Printing $ 8,000 Equipment Purchases $ 135,000 Computer Charges $ 124,000 Real Estate Rentals $ -0- Telecommunications $ 89,000 Per Diem, Fees and Contracts $ 5,000 Capital Outlay $ -0- Postage $ 5,000 Utilities $ 35,000 Utilization Adjustment $ (43,642) Total Funds $ 4,555,392 State Funds $ 4,555,392 Section 23. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ -0- Departmental Operations Budget: Personal Services $ 977,300 Regular Operating Expenses $ 29,275 Travel $ 9,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 1,200 Equipment Purchases $ 2,325 Computer Charges $ 16,937 Real Estate Rentals $ 86,130 Telecommunications $ 11,100 Per Diem, Fees and Contracts $ 115,000 Total Funds Budgeted $ 1,248,267 State Funds Budgeted $ -0- Section 24. Office of the Governor . A. Budget Unit: Governor's Office $ 5,753,247 1. Governor's Office Budget: Cost of Operations $ 2,435,967 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 150,000 Total Funds Budgeted $ 5,125,967 State Funds Budgeted $ 5,125,967 2. Office of Fair Employement Practices Budget: Personal Services $ 523,640 Regular Operating Expenses $ 10,000 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 57,000 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 68,000 Utilization Adjustment $ (6,360) Total Funds Budgeted $ 687,280 State Funds Budgeted $ 627,280 Budget Unit Object Classes : Cost of Operations $ 2,435,967 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 150,000 Personal Services $ 523,640 Regular Operating Expenses $ 10,000 Travel $ 11,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 3,000 Equipment Purchases $ 10,000 Computer Charges $ -0- Real Estate Rentals $ 57,000 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 68,000 Utilization Adjustment $ (6,360) B. Budget Unit: Office of Planning and Budget $ 3,890,477 Office of Planning and Budget Budget: Personal Services $ 3,289,617 Regular Operating Expenses $ 89,000 Travel $ 60,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 25,000 Computer Charges $ 183,560 Real Estate Rentals $ 197,000 Telecommunications $ 52,000 Per Diem, Fees and Contracts $ 95,000 Utilization Adjustment $ (36,700) Total Funds Budgeted $ 3,990,477 State Funds Budgeted $ 3,890,477 C. Budget Unit: Units Attached for Administrative Purposes Only $ 5,693,060 Attached Units Budget: Personal Services $ 3,106,052 Regular Operating Expenses $ 140,000 Travel $ 86,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 106,000 Equipment Purchases $ 23,000 Computer Charges $ 51,000 Real Estate Rentals $ 251,000 Telecommunications $ 145,000 Per Diem, Fees and Contracts $ 5,451,000 Art Grants - State Funds $ 2,250,029 Art Grants - Federal Funds $ 376,000 Art Grants - Donations $ 44,000 Humanities Grant - State Funds $ 50,000 Utilization Adjustment $ (39,470) Total Funds Budgeted $ 12,039,611 State Funds Budgeted $ 5,693,060 Attached Units Functional Budgets Total Funds State Funds Council for the Arts $ 3,222,289 $ 2,692,289 Office of Consumer Affairs $ 1,761,929 $ 1,761,929 State Energy Office $ 6,111,227 $ 294,676 Governor's Committee on Post-Secondary Education $ 161,037 $ 161,037 Consumers' Utility Counsel $ 455,125 $ 455,125 Criminal Justice Coordinating Council $ 367,474 $ 367,474 Utilization Adjustment $ (39,470) $ (39,470) Total $ 12,039,611 $ 5,693,060 Section 25. Grants to Counties and Municipalities . Budget Unit: Grants to Counties and Municipalities $ 6,800,000 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 6,800,000 State Funds Budgeted $ 6,800,000 Section 26. Department of Human Resources . A. Budget Unit: Departmental Operations $ 344,712,594 1. General Administration and Support Budget: Personal Services $ 34,510,583 Regular Operating Expenses $ 1,275,446 Travel $ 1,111,390 Motor Vehicle Equipment Purchases $ 26,000 Publications and Printing $ 141,945 Equipment Purchases $ 172,577 Computer Charges $ 1,394,000 Real Estate Rentals $ 3,740,750 Telecommunications $ 705,026 Per Diem, Fees and Contracts $ 10,094,620 Utilities $ 185,000 Postage $ 721,046 Capital Outlay $ 24,000 Institutional Repairs and Maintenance $ 132,000 Menninger Group Homes $ 402,000 Benefits for Child Care $ 2,144,317 Contract - Georgia Advocacy Office, Inc. $ 215,000 Utilization Adjustment $ (228,869) Total Funds Budgeted $ 56,766,831 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 25,821,652 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 745,499 $ 745,499 Administrative Appeals $ 1,017,125 $ 1,017,125 Administrative Policy, Coordination, and Direction $ 232,110 $ 232,110 Personnel $ 6,367,551 $ 6,284,950 Support Services $ 2,684,885 $ 2,472,285 Indirect Cost $ -0- $ (5,476,184) Facilities Management $ 4,230,946 $ 3,043,329 Public Affairs $ 423,523 $ 423,523 Community/Intergovernmental Affairs $ 459,934 $ 459,934 Budget Administration $ 1,499,559 $ 1,499,559 Accounting Services $ 4,432,992 $ 4,232,992 Auditing Services $ 1,732,942 $ 1,732,942 Special Projects $ 287,000 $ 287,000 Children and Youth Planning $ 199,098 $ 199,098 Troubled Children Benefits $ 2,546,317 $ 2,546,317 Developmental Disabilities $ 255,145 $ -0- Council on Maternal and Infant Health $ 120,036 $ 120,036 Council on Family Planning $ 16,610 $ 1,661 Community Services $ 9,339,258 $ -0- Regulatory Services - Program Direction and Support $ 660,077 $ 585,077 Child Care Licensing $ 1,933,665 $ 1,916,815 Laboratory Improvement $ 733,929 $ 471,347 Health Care Facilities Regulation $ 2,455,353 $ 792,569 Compliance Monitoring $ 328,866 $ 328,866 Radiological Health $ 742,439 $ 558,936 Fraud and Abuse $ 3,978,682 $ 278,790 Child Support Recovery $ 9,572,159 $ 1,295,945 Utilization Adjustment $ (228,869) $ (228,869) Total $ 56,766,831 $ 25,821,652 2. Public Health Budget: Personal Services $ 35,137,287 Regular Operating Expenses $ 46,645,610 Travel $ 981,720 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 302,700 Equipment Purchases $ 336,635 Computer Charges $ 461,000 Real Estate Rentals $ 674,100 Telecommunications $ 565,000 Per Diem, Fees and Contracts $ 16,294,236 Utilities $ -0- Postage $ 86,000 Crippled Children Clinics $ 518,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Midwifery Program Benefits $ 1,325,000 Crippled Children Benefits $ 6,933,116 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,388,000 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 300,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,113,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract with Emory University for Cancer Research $ 119,000 Contract with Auditory Educational Clinic $ 105,000 Grant-In-Aid to Counties $ 48,572,275 Contract with Emory University for Arthritis Research $ 215,000 Contract for Scoliosis Screening $ 115,000 Family Planning Benefits $ 302,000 Grants to Counties for Teenage Pregnancy Prevention $ 265,000 Grant to Counties for Metabolic Disorders Screening and Treatment $ 47,000 Contract - Macon-Bibb County Hospital Authority $ 5,000,000 Utilization Adjustment $ (342,834) Total Funds Budgeted $ 179,997,640 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 102,209,726 Public Health Functional Budgets Total Funds State Funds Director's Office $ 722,493 $ 525,268 Employee's Health $ 358,915 $ 323,915 Health Program Management $ 893,004 $ 808,004 Vital Records $ 1,483,658 $ 1,420,658 Health Services Research $ 620,498 $ 397,680 Primary Health Care $ 930,456 $ 930,456 Stroke and Heart Attack Prevention $ 1,830,104 $ 1,300,104 Epidemiology $ 1,560,495 $ 874,289 Immunization $ 455,426 $ -0- Sexually Transmitted Diseases $ 1,491,721 $ 360,459 Community Tuberculosis Center $ 1,373,658 $ 1,241,790 Family Health Management $ 7,758,334 $ 2,569,780 Infant and Child Health $ 8,372,397 $ 8,239,324 Maternal Health - Perinatal $ 236,303 $ 6,464 Family Planning $ 8,750,203 $ 3,810,203 Malnutrition $ 51,334,468 $ -0- Dental Health $ 1,531,280 $ 1,321,105 Children's Medical Services $ 10,783,888 $ 8,011,273 Chronic Disease $ 1,382,595 $ 1,382,595 Diabetes $ 525,439 $ 525,439 Cancer Control $ 3,257,946 $ 3,257,946 Environmental Health $ 947,425 $ 408,653 Laboratory Services $ 4,139,871 $ 4,004,871 Emergency Health $ 2,376,923 $ 1,316,423 Minimum Foundation $ 8,897,918 $ 8,761,461 Newborn Follow Up Care $ 782,447 $ 599,497 Sickle Cell, Vision and Hearing $ 1,125,191 $ 1,125,191 High-Risk Pregnant Women and Infants $ 6,865,057 $ 6,865,057 Grant in Aid to Counties $ 45,333,885 $ 40,080,922 Teenage Pregnancy Prevention $ 265,000 $ 265,000 Community Health Management $ 1,407,194 $ 816,977 Community Care $ 2,546,282 $ 1,001,756 Utilization Adjustment $ (342,834) $ (342,834) Total $ 179,997,640 $ 102,209,726 3. Mental Health - Program Direction and Support Budget: Personal Services $ 4,877,683 Regular Operating Expenses $ 91,000 Travel $ 127,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 39,000 Equipment Purchases $ 43,000 Computer Charges $ 1,040,000 Real Estate Rentals $ -0- Telecommunications $ 247,000 Per Diem, Fees and Contracts $ 276,000 Utilities $ -0- Postage $ 1,000 Contract with Housing Alternatives $ 100,000 Utilization Adjustment $ (60,310) Total Funds Budgeted $ 6,781,373 Indirect DOAS Services Funding $ 779,100 State Funds Budgeted $ 5,553,228 Mental Health - Program Direction and Support Functional Budgets Total Funds State Funds Administration $ 6,797,398 $ 5,864,253 Indirect Cost $ -0- $ (295,000) MH/MR Advisory Council $ 44,285 $ 44,285 Utilization Adjustment $ (60,310) $ (60,310) Total $ 6,781,373 $ 5,553,228 4. Youth Services - Program Direction and Support: Personal Services $ 1,508,948 Regular Operating Expenses $ 23,000 Travel $ 31,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 5,000 Equipment Purchases $ 12,000 Computer Charges $ 62,000 Real Estate Rentals $ -0- Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 4,000 Utilities $ -0- Postage $ -0- Utilization Adjustment $ (16,260) Total Funds Budgeted $ 1,667,688 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 1,667,688 5. Services to the Aged Budget: Personal Services $ 2,116,949 Regular Operating Expenses $ 46,000 Travel $ 58,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 21,000 Equipment Purchases $ 11,000 Computer Charges $ 75,000 Real Estate Rentals $ 4,000 Telecommunications $ 66,000 Per Diem, Fees and Contracts $ 24,036,500 Utilities $ -0- Payments to DMA $ 6,898,000 Postage $ 1,000 Utilization Adjustment $ (43,870) Total Funds Budgeted $ 33,289,579 State Funds Budgeted $ 11,475,044 Services to the Aged Functional Budgets Total Funds State Funds Administration and Planning $ 2,809,349 $ 1,450,742 Aging Services $ 23,626,100 $ 3,170,172 Alternative Health Services $ 6,898,000 $ 6,898,000 Utilization Adjustment $ (43,870) $ (43,870) Total $ 33,289,579 $ 11,475,044 6. Rehabilitation Services Budget: Personal Services $ 25,652,024 Regular Operating Expenses $ 1,127,000 Travel $ 537,000 Motor Vehicle Equipment Purchases $ 23,000 Publications and Printing $ 49,000 Equipment Purchases $ 141,000 Computer Charges $ 786,000 Real Estate Rentals $ 1,038,000 Telecommunications $ 625,000 Per Diem, Fees and Contracts $ 910,000 Utilities $ 282,000 Capital Outlay $ -0- Postage $ 94,000 Institutional Repairs and Maintenance $ -0- Grants for Nephrology Centers $ 245,000 Contract with Vocational Rehabilitation Community Facilities $ 5,085,515 Contract for Epilepsy $ 67,000 Case Services $ 9,816,000 E.S.R.P. Case Services $ 50,000 Contract with the Affirmative Industries $ 110,000 Contract with RCW Industries, Inc. $ 146,000 Utilization Adjustment $ (68,903) Total Funds Budgeted $ 46,714,636 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 14,595,276 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 2,915,924 $ 1,197,089 Grants Management $ 584,510 $ 473,190 Atlanta Rehabilitation Center $ 2,419,064 $ 486,360 Rehabilitation Center for the Deaf - Cave Spring $ 496,125 $ 99,225 Central Rehabilitation Center $ 604,152 $ 120,831 Georgia Vocational Adjustment Center - Gracewood $ 440,431 $ 88,086 Ireland Rehabilitation Center $ 407,492 $ 81,502 Rome Rehabilitation Center $ 220,243 $ 44,689 J. F. Kennedy Center $ 428,303 $ 85,660 Production Workshop $ 1,100,980 $ -0- District Field Services $ 30,647,174 $ 6,252,707 Independent Living $ 329,391 $ 126,912 Sheltered Employment $ 1,104,235 $ 522,413 Community Facilities $ 4,690,813 $ 4,690,813 Bobby Dodd Workshop $ 394,702 $ 394,702 Utilization Adjustment $ (68,903) $ (68,903) Total $ 46,714,636 $ 14,595,276 7. Roosevelt Warm Springs Rehabilitation Institute: Personal Services $ 10,870,400 Regular Operating Expenses $ 1,687,000 Travel $ 48,000 Motor Vehicle Equipment Purchases $ 54,000 Publications and Printing $ 15,000 Equipment Purchases $ 110,000 Computer Charges $ 62,000 Real Estate Rentals $ 11,000 Telecommunications $ 173,000 Per Diem, Fees and Contracts $ 1,452,000 Utilities $ 578,000 Postage $ 14,300 Case Services $ -0- Capital Outlay $ -0- Institutional Repairs and Maintenance $ -0- Utilization Adjustment $ (40,103) Total Funds Budgeted $ 15,034,597 Indirect DOAS Services Funding $ 50,000 State Funds Budgeted $ 4,048,819 Roosevelt Warm Springs Rehabilitation Institute Functional Budgets Total Funds State Funds Administration $ 5,693,760 $ 2,528,665 Rehabilitation Services $ 9,380,940 $ 1,560,257 Utilization Adjustment $ (40,103) $ (40,103) Total $ 15,034,597 $ 4,048,819 8. Georgia Factory for the Blind Budget: Personal Services $ 4,682,148 Regular Operating Expenses $ 8,332,000 Travel $ 17,000 Motor Vehicle Equipment Purchases $ 20,000 Publications and Printing $ 9,000 Equipment Purchases $ 42,000 Computer Charges $ 70,000 Real Estate Rentals $ -0- Telecommunications $ 30,000 Per Diem, Fees and Contracts $ 66,000 Utilities $ 125,000 Postage $ 6,000 Capital Outlay $ -0- Utilization Adjustment $ (5,210) Total Funds Budgeted $ 13,393,938 State Funds Budgeted $ 535,996 Georgia Factory for the Blind Functional Budgets Total Funds State Funds Operations $ 12,857,942 $ -0- Supervision $ 541,206 $ 541,206 Utilization Adjustment $ (5,210) $ (5,210) Total $ 13,393,938 $ 535,996 9. Rehabilitation Services - Disability Adjudication Budget: Personal Services $ 12,215,508 Regular Operating Expenses $ 273,000 Travel $ 82,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 41,000 Equipment Purchases $ 150,000 Computer Charges $ 370,000 Real Estate Rentals $ 752,000 Telecommunications $ 494,000 Per Diem, Fees and Contracts $ 1,441,000 Utilities $ -0- Postage $ 342,000 Case Services $ 11,832,000 Total Funds Budgeted $ 27,992,508 State Funds Budgeted $ -0- 10. Family and Children Services Budget: Personal Services $ 11,902,095 Regular Operating Expenses $ 16,968,000 Travel $ 390,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 673,000 Equipment Purchases $ 132,000 Computer Charges $ 11,090,000 Real Estate Rentals $ 227,000 Per Diem, Fees and Contracts $ 31,997,000 Telecommunications $ 972,000 Utilities $ 7,000 Postage $ 949,000 AFDC Benefits $ 237,079,440 Grants to County DFACS - Operations $ 142,759,906 WIN Benefits $ 886,594 Benefits for Child Care $ 19,745,784 SSI - Supplement Benefits $ 20,000 Utilization Adjustment $ (913,294) Total Funds Budgeted $ 474,885,525 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 178,805,165 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,104,936 $ -0- AFDC Payments $ 237,079,440 $ 80,488,470 SSI - Supplement Benefits $ 20,000 $ 20,000 Energy Benefits $ 16,026,500 $ -0- County DFACS Operations - Social Services $ 39,555,806 $ 16,316,593 County DFACS Operations - Homemaker Services $ 5,497,208 $ 4,915,808 County DFACS Operations - Eligibility $ 59,577,189 $ 29,658,115 County DFACS Operations - Joint and Administration $ 37,883,721 $ 18,741,848 Food Stamp Issuance $ 2,512,000 $ -0- Grants to Fulton County for 24-hour Emergency Services $ 245,982 $ 245,982 Director's Office $ 543,591 $ 543,591 Administration and Management $ 5,040,665 $ 3,670,859 District Administration $ 3,322,549 $ 3,322,549 Program Planning, Development, and Training $ 7,495,007 $ 3,909,111 Management Information Systems $ 13,474,195 $ 5,526,963 Child Development Administration $ 1,037,877 $ 1,037,877 Indirect Cost $ -0- $ (7,489,566) Work Incentive Benefits $ 4,020,594 $ 707,410 Legal Services $ 700,000 $ 475,000 Family Foster Care $ 15,034,474 $ 9,432,180 Institutional Foster Care $ 2,932,380 $ 2,047,639 Specialized Foster Care $ 337,700 $ 100,407 Adoption Supplement $ 1,109,230 $ 1,054,848 Liability Insurance $ 32,700 $ 32,700 Day Care $ 19,924,430 $ 4,302,278 Psychiatric, Psychological and Speech Therapy $ 130,000 $ 128,500 Maternity Care $ 50,000 $ 50,000 Return of Runaways - County $ 7,000 $ 7,000 Home Management - Contracts $ 172,200 $ 44,016 Outreach - Contracts $ 710,030 $ 206,866 Special Projects $ 221,415 $ 221,415 Utilization Adjustment $ (913,294) $ (913,294) Total $ 474,885,525 $ 178,805,165 Budget Unit Object Classes : Personal Services $ 143,473,625 Regular Operating Expenses $ 76,468,056 Travel $ 3,383,110 Motor Vehicle Equipment Purchases $ 123,000 Publications and Printing $ 1,296,645 Equipment Purchases $ 1,150,212 Computer Charges $ 15,410,000 Real Estate Rentals $ 6,446,850 Telecommunications $ 3,915,026 Per Diem, Fees and Contracts $ 86,571,356 Utilities $ 1,177,000 Postage $ 2,214,346 Capital Outlay $ 24,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 6,933,116 Crippled Children Clinics $ 518,000 Kidney Disease Benefits $ 505,000 Cancer Control Benefits $ 2,388,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,113,000 Family Planning Benefits $ 302,000 Benefits for Midwifery Program $ 1,325,000 Grant-In-Aid to Counties $ 48,572,275 Work Incentive Benefits $ 886,594 Benefits for Child Care $ 21,890,101 Grants for Nephrology Centers 245,000 Case Services $ 21,648,000 E.S.R.P. Case Services $ 50,000 SSI-Supplement Benefits $ 20,000 AFDC Benefits $ 237,079,440 Grants to County DFACS - Operations $ 142,759,906 Contract with Vocational Rehabilitation Community Facilities $ 5,085,515 Contract for the Purchase of Clotting Factor for the Hemophilia Program $ 300,000 Contract with the Affirmative Indistries $ 110,000 Institutional Repairs and Maintenance $ 132,000 Contract with Emory University for Arthritis Research $ 215,000 Grant for Epilepsy Program $ 67,000 Grant to Grady Hospital for Cystic Fibrosis Program $ 42,000 Contract for Scoliosis Screening $ 115,000 Menninger Group Homes $ 402,000 Contract - Georgia Advocacy Office, Inc. $ 215,000 Grant for Teenage Pregnancy Prevention Program $ 265,000 Contract - Cancer Research at Emory $ 119,000 Contract - Macon-Bibb County Hospital Authority $ 5,000,000 Contract with RCW Industries, Inc. $ 146,000 Grants to Counties for Metabolic Disorders Screening and Testing $ 47,000 Payments to DMA $ 6,898,000 Contract with Housing Alternatives $ 100,000 Contract with Auditory Educational Clinic $ 105,000 Utilization Adjustment $ (1,719,653) B. Budget Unit: State Health Planning and Development $ 715,072 State Health Planning and Development Budget: Personal Services $ 785,982 Regular Operating Expenses $ 32,000 Travel $ 6,000 Publications and Printing $ 3,000 Equipment Purchases $ 18,000 Computer Charges $ 28,000 Real Estate Rentals $ 106,000 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 113,000 Postage $ 10,000 Utilization Adjustment $ (6,910) Total Funds Budgeted $ 1,122,072 Indirect DOAS Services Funding $ -0- State Funds Budgeted $ 715,072 C. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 372,110,981 Departmental Operations: Personal Services $ 287,251,804 Regular Operating Expenses $ 29,842,926 Travel $ 625,000 Motor Vehicle Equipment Purchases $ 929,000 Publications and Printing $ 88,000 Equipment Purchases $ 2,407,000 Computer Charges $ 3,413,000 Real Estate Rentals $ 618,000 Telecommunications $ 2,538,000 Per Diem, Fees and Contracts $ 19,967,683 Utilities $ 15,915,000 Postage $ 241,000 Capital Outlay $ 764,800 Authority Lease Rentals $ 2,415,000 Institutional Repairs and Maintenance $ 1,963,440 Grants to County-Owned Detention Centers $ 2,223,000 Reserve for Thomasville RYDC $ -0- Reserve for Claxton RYDC $ -0- Drug Abuse Contracts $ 1,053,000 Day Care Centers for the Mentally Retarded $ 60,605,130 MR Day Care Center Motor Vehicle Purchases $ 1,917,000 Supportive Living Staff $ 1,607,244 Supportive Living Benefits $ 8,354,087 Georgia State Foster Grandparent/Senior Companion Program $ 568,000 Community Mental Health Center Services $ 67,107,764 Project Rescue $ 348,000 Project ARC $ 244,000 Project Friendship $ 277,000 Group Homes for Autistic Children $ 241,421 Contract with Clayton County Board of Education for Autistic Children $ 71,000 Uniform Alcoholism Projects $ 1,563,501 Child Care Benefits $ 16,000 Community Mental Retardation Staff $ 2,977,675 Community Mental Retardation Residential Services $ 15,285,274 Lumpkin Area Individual Living, Inc. $ 33,000 Utilization Adjustment $ (2,626,464) Cost-of-Living Adjustment $ 15,652,919 Total Funds Budgeted $ 546,498,204 Indirect DOAS Services Funding $ 1,625,000 State Funds Budgeted $ 372,110,981 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 30,189,843 $ 19,543,043 Georgia Retardation Center $ 26,468,535 $ 13,001,735 Georgia Mental Health Institute $ 22,753,872 $ 20,069,793 Georgia Regional Hospital at Augusta $ 14,155,605 $ 12,950,705 Northwest Regional Hospital at Rome $ 21,772,722 $ 16,994,031 Georgia Regional Hospital at Atlanta $ 23,414,883 $ 18,574,805 Central State Hospital $ 103,624,329 $ 72,154,629 Georgia Regional Hospital at Savannah $ 14,871,648 $ 13,196,348 Gracewood State School and Hospital $ 39,008,870 $ 20,530,870 West Central Georgia Regional Hospital $ 12,342,313 $ 10,467,013 Regional Youth Development Centers $ 14,297,642 $ 14,026,642 State Youth Development Centers $ 19,987,661 $ 19,657,661 Court Services $ 7,916,825 $ 7,916,825 Community Treatment Centers $ 2,170,987 $ 2,170,987 Day Centers $ 745,344 $ 745,344 Group Homes $ 556,981 $ 556,981 Runaway Investigations $ 430,776 $ 430,776 Interstate Compact $ 93,152 $ 93,152 Purchased Services $ 2,590,879 $ 2,549,879 Assessment and Classification $ 331,607 $ 331,607 Outdoor Therapeutic Program $ 1,679,159 $ 1,661,159 Mental Health Community Assistance $ 7,159,624 $ 7,159,624 Mental Retardation Community Assistance $ 2,694,521 $ 1,996,521 Central Pharmacy $ 140,178 $ 140,178 Day Care Centers for the Mentally Retarded $ 62,522,130 $ 28,919,130 Supportive Living $ 9,961,331 $ 5,932,704 Georgia State Foster Grandparent/Senior Companion Program $ 568,000 $ 568,000 Project Rescue $ 348,000 $ 185,000 Drug Abuse Contracts $ 1,053,000 $ 1,053,000 Community Mental Health Center Services $ 67,107,764 $ 29,410,216 Uniform Alcoholism Projects $ 1,563,501 $ 1,500,501 Project ARC $ 244,000 $ 244,000 Metro Drug Abuse Centers $ 1,505,377 $ 632,377 Group Homes for Autistic Children $ 241,421 $ 241,421 Project Friendship $ 277,000 $ 277,000 Central Laboratory $ 315,320 $ 320 Community Mental Retardation Staff $ 2,977,675 $ 2,707,675 Community Mental Retardation Residential Services $ 15,285,274 $ 10,601,566 Lumpkin Area Individual Living, Inc. $ 33,000 $ 33,000 Contract with Clayton County Board of Education for Autistic Children $ 71,000 $ 71,000 Utilization Adjustment $ (2,626,464) $ (2,626,464) Cost-of-Living Adjustment $ 15,652,919 $ 15,440,227 Total $ 546,498,204 $ 372,110,981 Section 27. Department of Industry and Trade . A. Budget Unit: Department of Industry and Trade $ 15,176,711 State Operations Budget: Personal Services $ 5,881,816 Regular Operating Expenses $ 906,000 Travel $ 312,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 332,000 Equipment Purchases $ 73,600 Computer Charges $ 148,000 Real Estate Rentals $ 461,500 Telecommunications $ 163,000 Per Diem, Fees and Contracts $ 248,000 Postage $ 181,000 Local Welcome Center Contracts $ 190,000 Advertising $ 3,600,000 Georgia Ports Authority - Authority Lease Rentals $ 2,735,000 Georgia Ports Authority - General Obligation Bond Payments $ 23,288,000 Historic Chattahoochee Commission Contract $ 60,000 Atlanta Council for International Visitors $ 25,000 Waterway Development in Georgia $ 50,000 Georgia Music Week Promotion $ 35,000 Georgia World Congress Center Operating Expenses $ -0- Contract - Georgia Association of Broadcasters $ 53,000 Southern Center for International Studies $ 25,000 Capital Outlay $ 575,000 Utilization Adjustment $ (78,500) Total Funds Budgeted $ 39,264,416 State Funds Budgeted $ 15,176,711 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 29,201,342 $ 5,113,637 Economic Development $ 3,931,311 $ 3,931,311 Tourist $ 6,210,263 $ 6,210,263 Utilization Adjustment $ (78,500) $ (78,500) Total $ 39,264,416 $ 15,176,711 B. Budget Unit: Authorities $ -0- Administration Budget: Personal Services $ 32,597,003 Regular Operating Expenses $ 12,302,025 Travel $ 547,664 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 160,896 Equipment Purchases $ 50,000 Computer Charges $ 608,000 Real Estate Rentals $ 134,810 Telecommunications $ 442,919 Per Diem, Fees and Contracts $ 1,755,377 G.O. Bonds and Lease Rentals - G.P.A. $ 16,415,000 Other Debt Service Payments - G.P.A. $ 1,564,000 Capital Outlay - Internal Operations - G.P.A. $ 5,498,955 Atlanta Convention and Visitors Bureau - G.W.C.C. $ 1,945,997 Total Funds Budgeted $ 74,022,646 State Funds Budgeted $ -0- Authorities Functional Budgets Total Funds State Funds Georgia World Congress Center $ 12,259,275 $ -0- Georgia Ports Authority $ 61,763,371 $ -0- Total $ 74,022,646 $ -0- Section 28. Department of Insurance . Budget Unit: Office of Insurance Commissioner $ 8,417,678 Operations Budget: Personal Services $ 7,883,832 Regular Operating Expenses $ 397,200 Travel $ 208,000 Motor Vehicle Equipment Purchases $ 106,000 Publications and Printing $ 135,000 Equipment Purchases $ 51,635 Computer Charges $ 199,163 Real Estate Rentals $ 470,000 Telecommunications $ 143,700 Per Diem, Fees and Contracts $ 33,001 Utilization Adjustment $ (79,210) Total Funds Budgeted $ 9,548,321 State Funds Budgeted $ 8,417,678 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,341,134 $ 1,341,134 Insurance Regulation $ 2,147,568 $ 2,037,925 Industrial Loans Regulation $ 537,912 $ 537,912 Information and Enforcement $ 1,493,172 $ 1,493,172 Fire Safety and Mobile Home Regulations $ 4,107,745 $ 3,086,745 Utilization Adjustment $ (79,210) $ (79,210) Total $ 9,548,321 $ 8,417,678 Section 29. Department of Labor . Budget Unit: Department of Labor $ 6,461,678 State Operations: Personal Services $ 58,805,331 Regular Operating Expenses $ 3,091,000 Travel $ 968,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 36,000 Equipment Purchases $ 301,000 Computer Charges $ 2,459,000 Real Estate Rentals $ 2,255,000 Telecommunications $ 1,158,000 Per Diem, Fees and Contracts (JTPA) $ 56,388,000 Per Diem, Fees and Contracts $ 1,747,000 Capital Outlay $ 1,000,000 W.I.N. Grants $ 260,000 Payments to State Treasury $ 400,000 Utilization Adjustment $ (41,653) Total Funds Budgeted $ 122,826,678 State Funds Budgeted $ 6,461,678 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 5,736,890 $ 1,854,155 Administrative Services $ 11,006,370 $ 923,606 Unemployment Insurance $ 7,736,554 $ 4,360 Employment Services $ 3,923,772 $ 355,801 Field Services $ 47,184,658 $ 3,365,409 Job Training Partnership $ 53,280,087 $ -0- Utilization Adjustment $ (41,653) $ (41,653) Total $ 128,826,678 $ 6,461,678 Section 30. Department of Law . Budget Unit: Department of Law $ 6,695,626 Attorney General's Office Budget: Personal Services $ 6,000,619 Regular Operating Expenses $ 290,100 Travel $ 127,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 38,000 Equipment Purchases $ 28,000 Computer Charges $ 127,899 Real Estate Rentals $ 315,000 Telecommunications $ 95,000 Per Diem, Fees and Contracts $ 45,000 Books for State Library $ 110,000 Capital Outlay $ -0- Utilization Adjustment $ (61,092) Total Funds Budgeted $ 7,115,526 State Funds Budgeted $ 6,695,626 Section 31. Department of Medical Assistance . Budget Unit: Medicaid Services $ 288,637,724 Departmental Operations Budget: Personal Services $ 8,379,845 Regular Operating Expenses $ 267,000 Travel $ 168,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 52,000 Equipment Purchases $ 97,062 Computer Charges $ 9,102,422 Real Estate Rentals $ 798,000 Telecommunications $ 383,000 Per Diem, Fees and Contracts $ 11,058,000 Postage $ 88,000 Medicaid Benefits $ 918,965,044 Payments to Counties for Mental Health $ 13,200,000 Audits Contracts $ 1,285,000 Utilization Adjustment $ (73,353) Total Funds Budgeted $ 963,770,020 State Funds Budgeted $ 288,637,724 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 709,381 $ 354,859 Program Management $ 13,978,826 $ 2,208,519 Administration $ 2,764,773 $ 822,678 Operations $ 11,076,545 $ 2,785,354 Program Integrity $ 3,148,804 $ 1,357,279 Benefits $ 932,165,044 $ 281,182,388 Utilization Adjustment $ (73,353) $ (73,353) Total $ 963,770,020 $ 288,637,724 Section 32. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration Agency Assessments $ 6,547,666 Departmental Operations Budget: Personal Services $ 5,191,143 Regular Operating Expenses $ 143,990 Travel $ 67,950 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 182,250 Equipment Purchases $ 30,805 Computer Charges $ 1,612,307 Real Estate Rentals $ 685,737 Telecommunications $ 76,450 Per Diem, Fees and Contracts $ 28,092,631 Postage $ 179,240 Health Insurance Payments $ 254,557,620 Total Funds Budgeted $ 290,820,123 Agency Assessments $ 6,547,666 Employee and Employer Contributions $ 284,234,595 Deferred Compensation $ 37,862 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 1,916,178 $ -0- Classification and Compensation $ 861,851 $ -0- Program Evaluation and Audit $ 662,905 $ -0- Employee Training and Development $ 1,065,352 $ -0- Health Insurance Administration $ 7,936,279 $ -0- Health Insurance Claims $ 276,025,822 $ -0- Internal Administration $ 1,217,180 $ -0- Commissioner's Office $ 1,134,556 $ -0- Undistributed $ -0- $ -0- Total $ 290,820,123 $ -0- Section 33. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 61,960,483 Operations Budget: Personal Services $ 44,231,453 Regular Operating Expenses $ 8,384,200 Travel $ 490,500 Motor Vehicle Equipment Purchases $ 1,408,500 Publications and Printing $ 552,500 Equipment Purchases $ 1,158,500 Computer Charges $ 410,500 Real Estate Rentals $ 1,486,196 Telecommunications $ 832,180 Per Diem, Fees and Contracts $ 1,070,500 Postage $ 357,300 Land and Water Conservation Grants $ 3,000,000 Recreation Grants $ 568,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 275,000 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,462,000 Capital Outlay - Shop Stock - Parks $ 300,000 Capital Outlay - Heritage Trust $ 535,000 Authority Lease Rentals $ 915,000 Cost of Material for Resale $ 1,310,000 Payments to Lake Lanier Islands Development Authority $ 513,000 Contract - Special Olympics, Inc. $ 206,000 Georgia Sports Hall of Fame $ 300,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 400,000 Capital Outlay - User Fee Enhancements - Parks $ 1,300,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 250,000 Technical Assistance Contract $ 125,000 Capital Outlay $ 142,000 Contract - Georgia Rural Water Association $ 10,000 Grant - The Hay House $ 40,000 Lanier Regional Committee $ 13,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 188,000 Contract - Corps of Engineers (Tybee Beach Restoration) $ 800,000 Advertising and Promotion $ 100,000 Payment to Georgia Agricultural Exposition Authority $ 250,000 Historic Preservation Grant $ -0- Payment to Jekyll Island State Park - Capital Outlay $ 200,000 Payment to Stone Mountain Memorial Association - Capital Outlay $ 450,000 Environmental Facilities Grants $ 8,000,000 Non-Game Wildlife Habitat Fund $ 150,000 Georgia Boxing Commission $ 5,000 Utilization Adjustment $ (413,190) Total Funds Budgeted $ 81,921,139 Receipts from Jekyll Island State Park Authority $ 53,750 Receipts from Stone Mountain Memorial Association $ 315,000 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 61,960,483 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 6,976,736 $ 6,607,986 Game and Fish $ 22,397,612 $ 19,380,921 Parks, Recreation and Historic Sites $ 27,389,139 $ 14,686,008 Environmental Protection $ 24,231,283 $ 20,428,199 Coastal Resources $ 1,339,559 $ 1,270,559 Utilization Adjustment $ (413,190) $ (413,190) Total $ 81,921,139 $ 61,960,483 B. Budget Unit: Authorities $ -0- Operations Budget: Personal Services $ 5,733,850 Regular Operating Expenses $ 3,425,200 Travel $ 68,000 Motor Vehicle Equipment Purchases $ 39,000 Publications and Printing $ 104,000 Equipment $ 44,200 Computer Charges $ 20,000 Real Estate Rentals $ 13,950 Telecommunications $ 119,000 Per Diem, Fees and Contracts $ 191,000 Capital Outlay $ 650,000 Promotion Expense $ -0- Boat Replacement Expense $ 156,200 Payments to the Department of Natural Resources $ 53,750 Mortgage Payments $ -0- Total Funds Budgeted $ 10,618,150 State Funds Budgeted $ -0- Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 3,640,800 $ -0- Jekyll Island State Park Authority $ 6,277,350 $ -0- Georgia Agricultural Exposition Authority $ 250,000 $ -0- Stone Mountain Memorial Association $ 450,000 $ -0- Total $ 10,618,150 $ -0- Section 34. Board of Postsecondary Vocational Education . Budget Unit: Board of Postsecondary Vocational Education $ 88,084,961 Board of Postsecondary Vocational Education Budget: Personal Services $ 7,913,492 Regular Operating Expenses $ 1,298,545 Travel $ 94,700 Motor Vehicle Equipment Purchases $ 29,000 Publications and Printing $ 43,720 Equipment Purchases $ 289,100 Computer Charges $ 259,400 Real Estate Rentals $ 222,450 Telecommunications $ 89,150 Per Diem, Fees and Contracts $ 947,000 Utilities $ 928,900 Area School Construction $ 1,690,000 Area-School Program $ 72,817,983 Junior College Program $ 2,673,163 Teacher's Health Insurance $ 1,852,850 Quick Start $ 2,800,000 Teacher's Retirement $ 6,507,120 Capital Outlay $ -0- Utilization Adjustment $ (66,273) Total Funds Budgeted $ 100,390,300 State Funds Budgeted $ 88,084,961 Board of Post Secondary Functional Budgets Total Funds State Funds State Operations $ 91,907,784 $ 81,389,235 North Georgia Vocational-Technical School $ 4,761,187 $ 3,700,287 South Georgia Vocational-Technical School $ 3,787,602 $ 3,061,712 Utilization Adjustment $ (66,273) $ (66,273) Total $ 100,390,300 $ 88,084,961 Section 35. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 61,978,281 Operations Budget: Personal Services $ 46,750,591 Regular Operating Expenses $ 6,105,800 Travel $ 128,000 Motor Vehicle Equipment Purchases $ 3,676,214 Publications and Printing $ 680,000 Equipment Purchases $ 596,095 Computer Charges $ 3,116,512 Real Estate Rentals $ 13,000 Telecommunications $ 774,200 Per Diem, Fees and Contracts $ 182,000 Postage $ 1,022,500 Conviction Reports $ 215,000 State Patrol Posts Repairs and Maintenance $ 180,000 Driver License Processing $ 850,000 Utilization Adjustment $ (615,731) Total Funds Budgeted $ 63,674,181 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 61,978,281 Public Safety Functional Budgets Total Funds State Funds Administration $ 7,039,567 $ 7,039,567 Driver Services $ 14,427,756 $ 12,881,856 Field Operations $ 42,822,589 $ 42,672,589 Utilization Adjustment $ (615,731) $ (615,731) Total $ 63,674,181 $ 61,978,281 B. Budget Unit: Units Attached for Administrative Purposes Only $ 10,103,325 Attached Units Budget: Personal Services $ 4,756,405 Regular Operating Expenses $ 1,923,131 Travel $ 148,400 Motor Vehicle Equipment Purchases $ 127,500 Publications and Printing $ 54,500 Equipment Purchases $ 127,386 Computer Charges $ 246,800 Real Estate Rentals $ 87,000 Telecommunications $ 216,446 Per Diem, Fees and Contracts $ 1,022,730 Postage $ 37,500 Peace Officers Training Grants $ 2,295,000 Highway Safety Grants $ 3,500,000 Utilization Adjustment $ (77,818) Total Funds Budgeted $ 14,464,980 State Funds Budgeted $ 10,103,325 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,930,909 $ 220,454 Georgia Peace Officers Standards and Training $ 3,756,349 $ 3,740,149 Police Academy $ 1,268,375 $ 1,223,375 Fire Academy $ 919,849 $ 832,849 Georgia Firefighters Standards and Training Council $ 404,362 $ 404,362 Organized Crime Prevention Council $ 300,264 $ 300,264 Georgia Public Safety Training Facility $ 3,962,690 $ 3,459,690 Utilization Adjustment $ (77,818) $ (77,818) Total $ 14,464,980 $ 10,103,325 Section 36. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 12,644,084 Departmental Operations Budget: Payments to Employees' Retirement System $ 194,084 Employer Contributions $ 12,450,000 Total Funds Budgeted $ 12,644,084 State Funds Budgeted $ 12,644,084 Section 37. Public Service Commission . Budget Unit: Public Service Commission $ 6,162,801 Departmental Operations Budget: Personal Services $ 4,778,771 Regular Operating Expenses $ 237,641 Travel $ 137,000 Motor Vehicle Equipment Purchases $ 86,000 Publications and Printing $ 24,000 Equipment Purchases $ 38,450 Computer Charges $ 167,157 Real Estate Rentals $ 249,000 Telecommunications $ 112,000 Per Diem, Fees and Contracts $ 855,000 Utilization Adjustment $ (59,160) Total Funds Budgeted $ 6,625,859 State Funds Budgeted $ 6,162,801 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,154,543 $ 1,154,543 Transportation $ 2,186,823 $ 1,818,215 Utilities $ 3,343,653 $ 3,249,203 Utilization Adjustment $ (59,160) $ (59,160) Total $ 6,625,859 $ 6,162,801 Section 38. Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 601,562,013 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 627,214,960 Sponsored Operations $ 72,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 162,157,208 Sponsored Operations $ 80,000,000 Office of Minority Business Enterprise $ 303,513 Special Desegregation Programs $ 338,052 Authority Lease Rentals $ 15,589,169 Research Consortium $ 5,100,000 Eminent Scholars Program $ 500,000 Total Funds Budgeted $ 963,202,902 Departmental Income $ 23,000,000 Sponsored Income $ 152,000,000 Other Funds $ 183,613,589 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 601,562,013 B. Budget Unit: Regents Central Office and Other Organized Activities $ 123,093,340 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 162,784,899 Sponsored Operations $ 49,528,203 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 68,831,395 Sponsored Operations $ 22,314,962 Fire Ant and Environmental Toxicology Research $ 257,561 Agricultural Research $ 1,571,440 Advanced Technology Development Center $ 1,017,243 Capitation Contracts for Family Practice Residency $ 2,580,000 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 556,625 SREB Payments $ 6,481,600 Medical Scholarships $ 611,750 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Equipment - Agricultural Experiment Stations $ 200,000 Rental Payments to Georgia Military College $ 608,124 Total Funds Budgeted $ 320,683,532 Departmental Income $ 1,932,626 Sponsored Income $ 71,843,165 Other Funds $ 123,258,701 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 123,093,340 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,524,638 $ 1,000,788 Skidaway Institute of Oceanography $ 3,024,223 $ 1,306,423 Marine Institute $ 1,517,798 $ 769,450 Georgia Tech Research Institute $ 82,081,924 $ 9,934,160 Engineering Extension Division $ 3,611,087 $ 1,808,387 Agricultural Experiment Station $ 45,027,672 $ 29,077,027 Cooperative Extension Service $ 43,520,465 $ 28,326,098 Eugene Talmadge Memorial Hospital $ 113,568,545 $ 29,150,861 Veterinary Medicine Experiment Station $ 2,638,501 $ 2,638,501 Veterinary Medicine Teaching Hospital $ 2,136,034 $ 414,446 Family Practice Residency Program $ 5,447,570 $ 5,447,570 Georgia Radiation Therapy Center $ 1,417,911 $ -0- Athens and Tifton Veterinary Laboratories $ 2,000,535 $ 53,000 Regents Central Office $ 13,166,629 $ 13,166,629 Undistributed $ -0- $ -0- Total $ 320,683,532 $ 123,093,340 C. Budget Unit: Georgia Public Telecommunications Commission $ 5,866,318 Public Telecommunications Commission Budget: Personal Services: Educ., Gen., and Dept. Svcs $ 4,550,890 Operating Expenses: Educ., Gen., and Dept. Svcs $ 4,955,354 Total Funds Budgeted $ 9,506,244 State Funds Budgeted $ 5,866,318 Section 39. Department of Revenue . Budget Unit: Department of Revenue $ 55,569,000 Operations Budget: Personal Services $ 36,510,238 Regular Operating Expenses $ 1,131,865 Travel $ 1,374,915 Motor Vehicle Equipment Purchases $ 97,245 Publications and Printing $ 2,070,145 Equipment Purchases $ 371,585 Computer Charges $ 7,165,851 Real Estate Rentals $ 2,008,340 Telecommunications $ 579,775 Per Diem, Fees and Contracts $ 205,595 County Tax Officials/Retirement and FICA $ 1,593,000 Grants to Counties/Appraisal Staff $ 1,554,610 Motor Vehicle Tag Purchases $ 2,584,750 Motor Vehicle Decal Purchases $ 441,875 Postage $ 2,219,340 Utilization Adjustment $ (495,129) Total Funds Budgeted $ 59,414,000 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 55,569,000 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 4,812,267 $ 4,812,267 Internal Administration $ 6,305,083 $ 6,205,083 Electronic Data Processing $ 3,717,910 $ 3,717,910 Field Services $ 12,039,600 $ 11,949,600 Income Tax $ 6,697,287 $ 5,297,287 Motor Vehicle $ 13,523,514 $ 11,468,514 Central Audit $ 4,917,577 $ 4,917,577 Property Tax $ 3,930,553 $ 3,930,553 Sales Tax $ 3,965,338 $ 3,765,338 Utilization Adjustment $ (495,129) $ (495,129) Total $ 59,414,000 $ 55,569,000 Section 40. Secretary of State . A. Budget Unit: Secretary of State $18,040,382 Personal Services $ 11,662,576 Regular Operating Expenses $ 1,507,717 Travel $ 226,406 Motor Vehicle Equipment Purchases $ 146,677 Publications and Printing $ 392,075 Equipment Purchases $ 180,730 Computer Charges $ 569,700 Real Estate Rentals $ 1,818,289 Telecommunications $ 297,517 Per Diem, Fees and Contracts $ 502,518 Election Expenses $ 575,000 Postage $ 325,257 Utilization Adjustment $ (164,080) Total Funds Budgeted $ 18,040,382 State Funds Budgeted $ 18,040,382 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,633,164 $ 2,633,164 Archives and Records $ 4,208,310 $ 4,208,310 Corporations Regulation $ 1,647,861 $ 1,647,861 Elections and Campaign Disclosure $ 1,328,766 $ 1,328,766 Securities Regulation $ 1,317,834 $ 1,317,834 Drugs and Narcotics $ 754,925 $ 754,925 State Campaign and Financial Disclosure $ 146,468 $ 146,468 Occupational Certification $ 6,167,134 $ 6,167,134 Utilization Adjustment $ (164,080) $ (164,080) Total $ 18,040,382 $ 18,040,382 Occupational Certification Functional Budgets Board Costs Cost of Operations Accounting $ 197,605 $ 349,303 Architect $ 55,960 $ 122,571 Athletic Trainers $ 736 $ 3,066 Auctioneers $ 6,022 $ 31,799 Barbers $ 9,120 $ 134,965 Chiropractic $ 13,040 $ 76,790 Construction Industry $ 65,960 $ 397,133 Cosmetology $ 33,660 $ 653,366 Dentistry $ 53,955 $ 268,581 Dieticians $ 12,945 $ 22,270 Engineers $ 54,440 $ 287,217 Forestry $ 3,451 $ 27,041 Funeral Service $ 18,770 $ 182,374 Geology $ 3,157 $ 16,584 Hearing Aid $ 4,297 $ 13,022 Landscape Architect $ 12,129 $ 22,437 Librarians $ 2,399 $ 16,366 Marriage and Family Therapists $ 30,460 $ 85,482 Medical Examiners $ 141,670 $ 1,060,965 Nursing Home Administrators $ 11,025 $ 52,470 Board of Nursing $ 62,180 $ 748,600 Dispensing Opticians $ 5,387 $ 39,668 Optometry $ 13,610 $ 32,981 Occupational Therapy $ 8,920 $ 16,332 Pharmacy $ 75,363 $ 426,254 Physical Therapy $ 16,350 $ 45,510 Podiatry $ 4,105 $ 13,407 Polygraph Examiners $ 6,319 $ 23,625 Practical Nursing $ 48,420 $ 425,737 Private Detective $ 11,720 $ 274,618 Psychologists $ 13,191 $ 56,724 Recreation $ 5,270 $ 22,342 Sanitarian $ 3,795 $ 17,739 Speech Pathology $ 5,375 $ 20,648 Used Car Dealers $ 13,510 $ 131,681 Used Car Parts $ 8,305 $ 30,652 Veterinary $ 39,615 $ 97,115 Wastewater $ 6,160 $ 101,427 Total $ 1,078,396 $ 6,348,862 B. Budget Unit: Real Estate Commission $ 1,184,477 Real Estate Commission Budget: Personal Services $ 738,427 Regular Operating Expenses $ 115,000 Travel $ 13,000 Motor Vehicle Equipment Purchases $ 16,000 Publications and Printing $ 26,000 Equipment Purchases $ 8,000 Computer Charges $ 128,500 Real Estate Rentals $ 44,000 Telecommunications $ 17,000 Per Diem, Fees and Contracts $ 90,000 Utilization Adjustment $ (11,450) Total Funds Budgeted $ 1,184,477 State Funds Budgeted $ 1,184,477 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,184,477 $ 1,224,977 Section 41. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 17,646,000 Administration Budget: Personal Services $ 2,972,865 Regular Operating Expenses $ 197,000 Travel $ 52,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 78,000 Equipment Purchases $ 24,000 Computer Charges $ 249,000 Telecommunications $ 88,000 Per Diem, Fees and Contracts $ 17,000 Payment of Interest and Fees $ 381,000 Guaranteed Educational Loans $ 3,325,000 Tuition Equalization Grants $ 11,130,500 Student Incentive Grants $ 4,790,500 Law Enforcement Personnel Dependents' Grants $ 34,000 North Georgia College ROTC Grants $ 128,000 Osteopathic Medical Loans $ 240,000 Georgia Military Scholarship Grants $ 166,000 Academic Scholarships $ -0- Utilization Adjustment $ -0- Total Funds Budgeted $ 23,872,865 State Funds Budgeted $ 17,646,000 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 3,677,865 $ -0- Higher Education Assistance Corporation $ 381,000 $ 361,000 Georgia Student Finance Authority $ 19,814,000 $ 17,285,000 Utilization Adjustment $ -0- $ -0- Total $ 23,872,865 $ 17,646,000 Section 42. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 975,523 Soil and Water Conservation Central Office Budget: Personal Services $ 666,833 Regular Operating Expenses $ 58,000 Travel $ 50,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 4,000 Computer Charges $ 2,000 Real Estate Rentals $ 33,000 Telecommunications $ 18,120 Per Diem, Fees and Contracts $ 131,000 Utilization Adjustment $ (9,430) Total Funds Budgeted $ 975,523 State Funds Budgeted $ 975,523 Section 43. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 11,986,606 Departmental Operations Budget: Personal Services $ 2,196,706 Regular Operating Expenses $ 72,000 Travel $ 25,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 54,000 Equipment Purchases $ 7,000 Computer Charges $ 730,000 Real Estate Rentals $ 186,000 Telecommunications $ 57,000 Per Diem, Fees and Contracts $ 279,000 Postage $ 88,000 Cost-of-Living Increases for Local Retirement System Members $ 1,950,000 Floor Fund for Local Retirement Systems $ 1,180,000 Post Retirement Benefit Increases $ 8,856,606 Total Funds Budgeted $ 15,681,312 State Funds Budgeted $ 11,986,606 Section 44. Department of Transportation . Budget Unit: Department of Transportation $ 453,198,345 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 172,979,275 Regular Operating Expenses $ 47,913,019 Travel $ 1,461,200 Motor Vehicle Equipment Purchases $ 1,001,500 Publications and Printing $ 855,800 Equipment Purchases $ 2,969,120 Computer Charges $ 2,458,041 Real Estate Rentals $ 1,082,103 Telecommunications $ 1,774,400 Per Diem, Fees and Contracts $ 13,212,700 Capital Outlay $ 566,299,144 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Development $ 1,270,000 Capital Outlay - Airport Approach Aid and Operational Improvement $ 1,323,000 Mass Transit Grants $ 7,426,563 Savannah Harbor Maintenance Payments $ 630,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 5,570,000 Utilization Adjustment $ (20,377) Total Funds Budgeted $ 846,839,501 State Funds Budgeted $ 453,198,345 Department of Transportation Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 588,637,462 $ 217,080,829 Maintenance and Betterments $ 196,937,510 $ 189,265,029 Facilities and Equipment $ 4,663,200 $ 4,000,000 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 16,937,129 $ 16,337,129 Undistributed $ -0- $ -0- Total $ 816,492,314 $ 436,000,000 General Funds Budget Grants to Municipalities $ 9,317,000 $ 9,317,000 Paving at State and Local Schools and State Institutions $ -0- $ -0- Paving at State Parks and Historic Sites $ -0- $ -0- Air Transportation $ 1,815,094 $ 1,335,094 Inter-Modal Transfer Facilities $ 11,835,470 $ 4,736,628 Harbor Maintenance Facilities $ 6,200,000 $ 630,000 Utilization Adjustment $ (20,377) $ (20,377) Savannah Harbor Widening Project $ 1,200,000 $ 1,200,000 Total $ 30,347,187 $ 17,198,345 Section 45. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 15,909,883 Departmental Operations Budget: Personal Services $ 3,988,905 Regular Operating Expenses $ 45,000 Travel $ 82,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 22,000 Equipment Purchases $ 97,000 Computer Charges $ -0- Real Estate Rentals $ 198,000 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 12,000 Capital Outlay $ -0- Postage $ 33,000 Operating Expense/Payments to Central State Hospital $ 9,340,413 Operating Expense/Payments to Medical College of Georgia $ 5,049,258 Regular Operating Expenses for Projects and Insurance $ 184,000 Utilization Adjustment $ (43,850) Total Funds Budgeted $ 19,065,726 State Funds Budgeted $ 15,909,883 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,452,905 $ 4,230,062 Veterans Home and Nursing Facility Milledgeville $ 9,536,413 $ 7,719,413 Veterans Nursing Home - Augusta $ 5,120,258 $ 4,004,258 Utilization Adjustment $ (43,850) $ (43,850) Total $ 19,065,726 $ 15,909,883

Page 1415

Section 46. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 5,950,447 Operations Budget: Personal Services $ 4,749,627 Regular Operating Expenses $ 110,000 Travel $ 58,000 Motor Vehicle Equipment Purchases $ -0- Publications and Printing $ 78,000 Equipment Purchases $ 30,000 Computer Charges $ 200,000 Real Estate Rentals $ 528,000 Telecommunications $ 87,000 Per Diem, Fees and Contracts $ 123,000 Postage $ 80,000 Utilization Adjustment $ (58,180) Total Funds Budgeted $ 5,985,447 State Funds Budgeted $ 5,950,447 Workers' Compensation Board Functional Budgets Total Funds State Funds Administration $ 5,457,173 $ 5,422,173 Vocational Rehabilitation $ 586,454 $ 586,454 Utilization Adjustment $ (58,180) $ (58,180) Total $ 5,985,447 $ 5,950,447 Section 47. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 234,414,490 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 21,916,363

Page 1416

Section 48. Provisions Relative to Section 3, Supreme Court . The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions of Justices and the employees of the Court, 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. Section 49. Provisions Relative to Section 4, Court of Appeals . The appropriations in Section 4 (Court of Appeals) of this Act are 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. Section 50. Provisions Relative to Section 5, Superior Courts . The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for 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, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than five years of experience to attend the Judicial College. Section 51. Provisions Relative to Section 6, Juvenile Courts . The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.

Page 1417

Section 52. Provisions Relative to Section 7, Institute of Continuing Judicial Education . The appropriations in Section 7 (Institute of Continuing Judicial Education) are 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 53. Provisions Relative to Section 8, Judicial Council . The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council. Section 54. Provisions Relative to Section 13, Department of Administrative Services . Income to the Department of Administrative Services from user agencies shall not exceed the amounts listed below for each service activity 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: General Services $ 587,773 Data Processing Services $ 34,615,577 Motor Vehicle Services $ 2,484,106 Communication Services $ 27,707,069 Printing Services $ 5,456,252 The State Auditor shall report any exceptions or violations of this intent in the annual financial audit of the Department of Administrative Services. The Department shall not purchase, lease, or lease-purchase any additional computer hardware other than that which is authorized in this appropriations Act, unless funds are available for this purpose in the user agencies. Provided that the Georgia Building Authority is authorized to use $270,000 of Judicial Building renovation funds for Capital Outlay and equipment purchases.

Page 1418

Section 55. Provisions Relative to Section 14, Department of Agriculture . From the appropriation in Section 14 (Department of Agriculture) relative to Regular Operating Expenses, $60,000 is designated and committed for livestock shows relating to research and promoting; $10,000 is designated and committed for poultry shows relating to research and promoting; and $25,000 is designated and committed for on-farm testing for brucellosis in cattle to be transported out of Georgia. The Department is authorized and directed to notify dairy farmers of milk-sample test results after each test. The Department of Agriculture shall not increase farmers market gate fees for Georgia farmers and no new fees shall be imposed on Georgia farmers. The Athens and Tifton Veterinary Laboratories are authorized to charge testing fees for export swine and cattle only, which fees shall be reasonable. No expenditure from the appropriation in Section 14 relating to Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets shall be made without prior approval of the Georgia Building Authority (Markets). Section 56. Provisions Relative to Section 19, State Board of Education - Department of Education . From the appropriation in Section 19 (State Board of Education - Department of Education), $30,000 of the special education funds is designated and committed for the Houston County Board of Education for payment to the Houston County Speech and Hearing School; $30,000 is designated and committed for the Houston County Board of Education for payment to the Houston County Happy Hour School. None of the State funds appropriated in Section 19 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.

Page 1419

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, that of the above appropriation relative to pupil transportation, funds for mid-day transportation shall be allotted to local school systems which do not elect to implement the state funded full day kindergarten program. The initial allotment to these local systems shall be on the basis of projected miles for mid-day transportation; however, allotments shall not exceed the actual cost of mid-day transportation by the local system. Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), Funds will be allocated to each RESA for FY86-87 on the basis of one-eighteenth of the total appropriation for each Area Planning and Development area served; provided, however, that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA and that each RESA has the commitments of each anticipated member system to contribute at least the same equivalent amount during FY86-87 that it contributed during FY85-86. Provided, that for the above appropriations relative to equalization grants authorized under Code Section 20-2-165, the grants to each system which serves under contract all of the stydents in one or more grade levels from an adjoining school system shall be the larger of the following two amounts: a. The equalization grant calculated as prescribed in Code Section 20-2-165 and reduced by the amount of funds transferred under contract between adjoining school systems, as prescribed by Code Section 20-2-163; or b. The equalization grant calculated as prescribed in Code Section 20-2-165 except that all FTE student counts used in such calculations are reduced by the number of FTE student counts enrolled in the receiving system under the

Page 1420

contract with the adjoining system and the resulting amount shall not be reduced pursuant to Code Section 20-2-163. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,155.03. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 100 percent of the funds earned for special education either under the QBE formula or the hold harmless provision shall be used exclusively for special education programs. If any system receives more funds for special education programs under QBE than they would under APEG calculation of FY 87, those systems would not receive any of the 90 percent hold harmless funds. Subject to approval by the General Assembly, mid-term adjustments in special education shall be made on the basis of data deemed appropriate by the State Board of Education and verified by the Department of Education. Provided, that of the above appropriation relative to the QBE Staff Development, no funds may be used for the compensation of individuals receiving such staff development. Section 57. Provisions Relative to Section 20, Employees' Retirement System . The Employees' Retirement System is authorized to increase the employer contribution rate by sixteen one-hundredths of one percent of salaries to fund one and one-half per cent cost of living increases on July 1, 1986, and January 1, 1987. Section 58. Provisions Relative to Section 21, Forestry Commission . From the Appropriation in Section 21 (Forestry Commission), $30,000 of the Ware County Grant is intended for the Southern Forest World and $60,000 is designated and committed to the Ware County Commission for the County General Fund for road maintenance. Section 59. Provisions Relative to Section 24, Office of the Governor . 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

Page 1421

be made in accordance with other provisions of State law and the Constitution. Not less than 95% of the appropriation in Section 24 (Office of the Governor) relative to Art GrantsState Funds is designated and committed for grants to counties, cities, and non-profit organizations in the State of Georgia. Section 60. Provisions Relative to Section 26, Department of Human Resources . From the appropriation in Section 26 (Department of Human Resources), $150,000 is designated and committed to operate a hemophilia program in the metropolitan Atlanta area and to operate a hemophilia program in Augusta; further, $300,000 is designated and committed for the purchase of clotting factor for the hemophilia program. 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. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 70% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 202 $ 141 2 306 214 3 366 256 4 432 302 5 494 346 6 536 375 7 580 406 8 616 431 9 648 454 10 694 486 11 742 519

Page 1422

Provided that of the above appropriations relating to Regional Grants for Intensive Infant Care, the distribution of funds to the tertiary hospitals shall be on the basis of need and performance equally. Provided, that of the above appropriation, the Department of Human Resources is authorized to use foster care benefits funds, not to exceed $175,000, in a pilot area of the State to purchase alternative in-home services to prevent the need for removing a child from his or her home. The costs of such services shall not exceed 80% of the room and board costs that would be incurred otherwise. From the appropriation in Section 26 (Department of Human Resources), $146,000 is designated and committed to operate the RCW Industries, Inc. From the appropriation in Section 26, the Department of Human Resources is authorized to provide treatment for eye disorders, provided that treatment for such disability cannot be obtained from other sources. 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 Warm Springs Hospital. 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. From the appropriation in Section 26 (Department of Human Resources) relating to the Public HealthFamily Health Activity, $50,000 is designated and committed to purchase, lease or otherwise acquire 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. The Roosevelt Warm Springs Institute for Rehabilitation is authorized to use excess agency income for a repair and maintenance program.

Page 1423

The Department of Human Resources may transfer funds from other areas of Budget Unit A to insure that rates in effect for the various Special Program Services of AFDE-Institutional Foster Care and Child Welfare-Institutional Foster Care be not less than the rates paid for such various services on June 30, 1983. 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, however, that such programs not be expanded to levels which such increased Federal funding would not be sufficient to sustain in subsequent years. From the appropriation in Section 26 (Department of Human Resources), not less than $186,000 is committed for funding of the Community Cardiovascular Council Stroke-Screening Program. From the appropriation in Section 26 (Department of Human Resources) 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. From the appropriation in Section 26 (Department of Human Resources), $42,406 is designated and committed for a program of screening and treatment of diabetes in the Columbus area. Provided, that of the appropriation relating to Benefits for Child Care, the Department is hereby authorized to utilize existing funds for a one-time emergency clothing allowance for foster children over age twelve, not to exceed $300. 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.

Page 1424

It is the intent of this General Assembly that no money designated for Mental Retardation programs be used in any manner in connection with the statewide alcohol and drug treatment services plan. From the appropriation in Section 26 (Department of Human Resources) relating to Community Mental Health Centers, agency income, excluding Federal grants where prohibited, shall be expended first to cover expenses for local programs, excepting private gifts, donations and proceeds of local fund-raising activities, which shall not be required to be budgeted. Surplus funds at the end of the year in excess of 60-day collections shall revert to the State and local governments on a pro rata basis on contribution of said governments to the program. From the appropriation in Section 26 (Department of Human Resources) relating to Community Mental Retardation Residential Services, the Department is authorized to make monthly payments to service providers of no more than $455, and the Department is directed to supplant State funds with patient collections to reduce the State cost of the program. The Department shall have flexibility in the Community Mental Retardation Residential Services 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 that these residential services be available to clients residing in the community as well as those returning to their communities from institutions. The Department shall have flexibility in Supportive Living Benefits to contract with private home providers 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. No additional Youth Services group homes or community treatment centers shall be started with Federal funds without prior approval by the General Assembly of Georgia. From the appropriation in Section 26 (Department of Human Resources) relating to the Georgia Mental Health Institute,

Page 1425

$20,000 is designated and committed for the purpose of a short-term training program in alcoholism and drug abuse. From the appropriation in Section 26 (Department of Human Resources) relating to the Georgia State Foster Grandparent/Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program. Central 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, the Georgia State Financing and Investment Commission is authorized and directed to utilize up to $462,000 in existing reserves to renovate Building 809 at North-west Regional Hospital for a 20-bed long-term treatment unit for acute emotionally disturbed adolescents, and for reroofing projects. Provided, however, the Georgia Building Authority (Hospital) is authorized and directed to utilize up to $94,000 in existing reserves for reroofing projects at Southwestern and Atlanta Regional Hospitals. Provided, that any funds appropriated for Mental Health and Mental Retardation services by the Georgia General Assembly shall not be diverted through or managed by any sub-state organizational structure (not including a County Board of Health) but shall be allocated by the Department of Human Resources via direct grant-in-aid to the designated local Board of Health or by a contract with a private board. Section 61. Provisions Relative to Section 27, Department of Industry and Trade . From the appropriation in Section 27 (Department of Industry and Trade) relative to advertising, $12,000 is designated and committed for brochures promoting Georgia's agriculture, for distribution at Welcome Centers. To the greatest extent feasible, the Georgia Ports Authority shall utilize surplus funds for payments to bond trustees for unmatured issues.

Page 1426

Section 62. Provisions Relative to Section 29, Department of Labor . It is the intent of this General Assembly that all state agencies involved in building inspections, including the Department of Labor, coordinate their activities to avoid inefficiencies or duplication of effort, and further, that the Office of Planning and Budget make a report to the relevant legislative committees concerning the need to concentrate responsibility for all building inspections, including the inspection of elevators and boilers, in a single State agency. Section 63. Provisions Relative to Section 31, Department of Medical Assistance . Any reserve created by the State Auditor for the payment of Medicaid Benefits can be expended and otherwise treated for accounting purposes for Payments to Counties for Mental Health. Provided, that of the appropriation in Section 31, no funds for the payment of Medicaid Benefits may be expended for the purpose of reimbursing return-on-equity for hospitals. Section 64. Provisions Relative to Section 32, Merit System of Personnel Administration . The Department is authorized to assess no more than $124.79 per merit system budgeted position for the cost of departmental operations. It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1987 shall not exceed five and seventy-five one hundredths percent (5.75%). Section 65. Provisions Relative to Section 33, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 33 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 33. From the appropriation in Section 33 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the

Page 1427

total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources. To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 33, 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. It is the intent of this General Assembly that no portion of the above appropriation relating to Contract - Corps of Engineers (Tybee Beach Restoration) shall be expended prior to receipt of Federal matching funds. Section 66. Provisions Relative to Section 17, Department of Corrections . Funds appropriated for county subsidy may be used either to supplement or supplant county funds, at the option of each county. From the appropriation in Section 17 (Department of Corrections) relating to county workcamp construction, the State shall provide funding for no more than 50% of the total construction cost of any project. With respect to the Legal Services Program for inmates, lawyers, law students and/or employees are prohibited from soliciting for filing of writs. The Department shall not start any new community center programs with Federal funds without the prior approval of the General Assembly of Georgia. The Department of Corrections is authorized and directed to use agency funds to purchase and renovate the Labor Department facility in Gainesville, Georgia. Provided that the Department of Corrections is authorized to use existing funds for projects and maximum amounts shown: Georgia State Prison renovation - $13,400,000

Page 1428

Dodge Correctional Institution dormitory - $3,200,000 Middle Georgia Correctional Institution cooler and storage facility - $2,080,000 Section 67. Provisions Relative to Section 35, Department of Public Safety . From the appropriation in Section 35 (Department of Public Safety) for Conviction Reports, payment is not to exceed $.25 per conviction report. To the extent that Federal funds are realized in excess of the amounts of such funds contemplated in the Georgia Peace Officers and Training Activity of Section 35, the Office of Planning and Budget is authorized and directed to supplant State funds appropriated herein. Such supplantation shall not be implemented if doing so would cause any portion of the anticipated Federal funds not to be realized. This provision shall not apply to project grants. 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. The development of said specifications shall be submitted to the Purchasing Division of the Department of Administrative Services by November 1 of each year. 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. The Department of Public Safety is authorized to contract with the Department of Transportation for patrol duty at Department of Transportation construction sites. Section 68. Provisions Relative to Section 38, Regents, University System of Georgia . 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.

Page 1429

No funds realized by the State Board of Regents of the University System or by 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. Revenue from student fees that exceeds the original budget estimates of student fees by $2,000,000 shall not be available for operations unless prior approval is granted by the Fiscal Affairs Subcommittees of the House and Senate; provided, however, that student fee revenue derived from increased rates authorized by the State Board of Regents shall not be subject to this limitation. 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. The 1 1/2% Personal Services continuation factor incorporated into the Resident Instruction appropriation in Section 38 (Regents, University System of Georgia) shall be utilized to provide 2 1/2% merit-type increases. 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 Subcommittees. Provided, that from the appropriation for the Agricultural Experiment Station, $250,000 is designated and committed for a horticulture specialist in peaches, vegetables, and small fruits and a horticulture specialist in disease control in pecans and peanuts, both at the Tifton Experiment Station. Provided, that from the appropriation for the Cooperative Extension Service, $300,000 is designated and committed for a vegetable specialist at Statesboro, a weed specialist in row crops at Tifton, a weed specialist in horticulture at Tifton, a soil and fertilizer specialist at Tifton, an animal science specialist at Griffin, and a catfish specialist at Griffin. Section 69. Provisions Relative to Section 39, Department of Revenue . From the appropriation in Section 39 (Department

Page 1430

of Revenue) relating to motor vehicle tag purchases, $2,584,750 is designated and committed for the sole purpose of contracting for the production of motor vehicle tags and may be used for partial, advance payment during tag production. Section 70. Provisions Relative to Section 41 . From the appropriation in Section 41 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 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 The appropriation in Section 41 relative to Tuition Equalization Grants provides for payment of grants of $825 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. Section 71. Provisions Relative to Section 44, Department of Transportation . In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

Page 1431

Grants to Counties for aid in county road construction and maintenance shall be distributed and disbursed to each county of the State by the Fiscal Division of the Department of Administrative Services in the same proportion as each county's total public road mileage bears to the total public road mileage in the State, as such mileage information is furnished by the Department of Transportation. Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget. Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 44 of this Bill. Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. Grants to Municipalities shall be in accordance with an Act approved March 31, 1965 (Ga. Laws 1965, p. 458) as amended (Code Sections 36-40-41 through 36-40-46), and shall be distributed and disbursed on a quarterly basis, such payments to be made on the last day of each quarter. Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air-transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.

Page 1432

Section 72. Provisions Relative to Section 34, Board of Postsecondary Education . None of the State funds appropriated in Section 34 may be used for the purpose of planning, designing, constructing, or renovating area vocational-technical schools unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. Section 73 . In addition to all other appropriations for the State fiscal year ending June 30, 1987, there is hereby appropriated $3,228,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,535,000 for the purpose of providing operating funds for the State physical health laboratories ($135,000 Budget Unit A) and for State mental health/mental retardation institutions ($6,400,000 Budget Unit C) in the Department of Human Resources. 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 74 . Appropriations to the object class Authority Lease Rentals shall be used entirely for payment to debt sinking funds, and no funds shall 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 75 . Each State agency utilizing xerographic reproducing equipment shall 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. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 76 . 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

Page 1433

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 77 . 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. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall 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 78 . 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 and function contained in this Appropriations Act.

Page 1434

Section 79 . 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 80 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 81. No State funds in this appropriation [Illegible Text] paid to or on behalf of Georgia Indigent Legal Services [Illegible Text] affiliates, nor shall any State facilities be made available their use, including but not limited to the Georgia [Illegible Text] Statewide Telecommunications Network either [Illegible Text] [Illegible Text]. Section 82 . 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.

Page 1435

Section 83 . 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 Reports submitted to the General Assembly for this State fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Executive Branch between objects, functional budgets, 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 Appropriation Act applies; and provided, further, that no funds whatsoever shall be so transferred between objects without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each Executive Branch 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 84 . 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 with the Budget Unit, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the

Page 1436

Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget. Section 85 . The utilization adjustments contained in the agency budgets in this Act shall be applied only to the common object classes, which shall be defined by the Office of Planning and Budget and which shall include the following object classes: Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Publication and Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Section 86. There is hereby appropriated a [Illegible Text] of Federal grant funds, said specific sum being equal total of the Federal grant funds available in excess amounts of such funds appropriated in the foregoing of this Act, for the purpose of supplanting [Illegible Text] funds, which State funds shall thereupon be unavaila expenditure unless reappropriated by the Georgia [Illegible Text] sembly. This provision shall not apply to project [Illegible Text] not appropriated in this Act. Section 87 . 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 amount so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State. Section 88. Delayed Hiring Factor by Department . Agency Legislative Branch $ -0- Department of Audits $ -0- Supreme Court $ -0- Court of Appeals $ -0- Superior Courts $ -0- Juvenile Court $ -0- Institute of Continuing Judicial Education $ -0- Judicial Council $ -0- Judicial Qualifications Commission $ -0- Council of Magistrate Court Judges $ -0- Council of Probate Court Judges $ -0- Council of State Court Judges $ -0- Department of Administrative Services $ 2,200 Department of Agriculture $ -0- Department of Banking and Finance $ -0- Department of Community Affairs $ -0- Department of Corrections $ 1,564,000 Department of Defense $ -0- Department of Education $ -0- Employees' Retirement System $ -0- Georgia Forestry Commission $ -0- Georgia Bureau of Investigation $ 29,400 Georgia State Financing and Investment Commission $ -0- Office of the Governor $ -0- Department of Human Resources A $ 20,923 Department of Human Resources B $ -0- Department of Human Resources C $ -0- Department of Industry and Trade $ -0- Department of Insurance $ -0- Department of Labor $ -0- Law Department $ -0- Department of Medical Assistance $ -0- Merit System $ -0- Department of Natural Resources $ -0- Board of Postsecondary Education $ -0- Department of Public Safety $ 585,000 Public Service Commission $ 2,140 Board of Regents C $ 18,415 Department of Revenue $ -0- Secretary of State $ 2,410 State Student Finance Commission $ -0- Soil and Water Conservation Committee $ -0- Teachers' Retirement System $ -0- Department of Transportation $ -0- Department of Veterans Service $ -0- Board of Workers' Compensation $ -0- Section 89. Cost-of-Living Increases . This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $142,560,926 for the purposes described herein: 1.) An increase of 4% with a $500 minimum for full-time employees of the Executive, Judicial and Legislative branches of State government, effective July 1, 1986; 2.) For an increase from $16,000 to $16,800 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and permanent certification, effective the following month, effective September 1, 1986; 3.) For school bus drivers and lunchroom workers a 4% increase to be effective July 1, 1986; 4.) For University System employees, a 4% salary increase to be effective September 1, 1986 for academic contracted personnel; 5.) A 4% salary increase, effective July 1, 1986, for non-academic personnel, and fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 6.) An increase of 4% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. In addition, this General Assembly has distributed to and included in the agency appropriations listed hereinbefore State Funds in the amount of $4,036,171 for the purpose of upgrading selected classifications as recommended by the State Merit System. All Merit System classes shall be increased by one pay grade effective July 1, 1986, with the provision that all employees will be moved to a new pay grade without increase, except where it is necessary to bring employees to the minimum step of the new pay grade. The mileage reimbursement rate shall be increased from $.20 to $.21 per mile effective July 1, 1986. Section 90. Provisions Relative to Section 47, State of Georgia General Obligation Debt Sinking Fund . Provided that from the above appropriated amount for the State of Georgia

Page 1440

General Obligation Debt Sinking Fund, $11,000 is specifically appropriated for Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local governmental entities for water and sewerage systems, through the issuance of not more than $100,000 in principal amount of General Obligation Debt, this appropriation to take effect when the constitutional amendment proposed by H.R. No. 363 becomes law. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $7,512,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Board of Regents of the University System of Georgia through the issuance of not more than $30,050,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,860,000 is specifically appropriated for the purpose of financing the replacement of the Talmadge Memorial Bridge of the Department of Transportation near Savannah, Georgia, (by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith), through the issuance of not more than $26,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,648,900 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Department of Natural Resources, for the project provided for in the Georgia Agricultural Exposition Authority Act and pursuant to O.C.G.A. Section 12-3-484, through the

Page 1441

issuance of not more than $14,990,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,832,500 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Department of Natural Resources for the Lake Lanier Islands project provided for at O.C.G.A. Section 12-3-4, through the issuance of not more than $25,750,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $880,000 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Public Safety Training Center established, operated and maintained by the Board of Public Safety in Monroe County, Georgia, through the issuance of not more than $8,000,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $302,250 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of area postsecondary vocational technical schools including land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, to be allocated as determined by the State Board of Education (after July 1, 1986, the State Board of Postsecondary Education), through the issuance of not more than $1,210,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $165,000 is specifically appropriated for the purpose of financing

Page 1442

the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Georgia Building Authority (Markets) at the Atlanta Farmers Market 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, $513,150 is specifically appropriated for the purpose of financing a grade separation and grade crossing construction program of the Department of Transportation by means of acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,665,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $1,900,000 is specifically appropriated for the purpose of financing the purchase and installation of computer and related equipment for the Georgia Bureau of Investigation for the Georgia Crime Information Center (by means of acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Bureau, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $125,000 is specifically appropriated for the purpose of financing a program of the Department of Transportation for maintaining roads within and leading to state parks, by means of the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt.

Page 1443

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $187,500 is specifically appropriated for the purpose of financing a program of the Department of Transportation for streets, driveways and parking areas located upon the property of and serving local schools by means of the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $278,563 is specifically appropriated for the purpose of financing the acquisition, construction, development, extension, enlargement and improvement of land, property, school buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the educational television program of the State Board of Education, through the issuance of not more than $1,115,000 in principal amount of General Obligation Debt. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,700,000 is specifically appropriated for the purpose of financing a program of major repairs and renovations, including the acquisition, construction, development, extension, enlargement and improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, of and for the Board of Regents of the University System of Georgia through the issuance of not more than $10,800,000 in principal amount of General Obligation Debt. Section 91 . Employee Termination Fund $ 1,050,547 For transfer to the agencies of the Executive Branch of State Government by the Office of Planning and Budget for the payment of accrued annual leave and accrued compensatory time, together with payroll taxes and other assessments thereon, and for payments to the Employees Retirement System as employer contributions associated with accrued sick and annual leave

Page 1444

for which employees are receiving retirement credit; provided that no funds whatsoever shall be transferred to any activity in the Motor Fuel Tax Budget of the Department of Transportation, nor to any budget unit of the University System or the Board of Regents, except the Georgia Public Telecommunications Commission. Section 92. Provisions Relative to Section 23, Georgia State Financing and Investment Commission . It is the intent of this General Assembly that the Georgia State Financing and Investment Commission be authorized to use up to $400,000 in agency funds for the design of a textile and carpet exposition in Dalton, Georgia. Section 93 . TOTAL STATE FUND APPROPRIATIONS State F.Y. 1987.....$5,316,000,000 Section 94 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 95 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1445

AD VALOREM TAXATIONHOMESTEAD EXEMPTION FOR DISABLED VETERANS AND THEIR FAMILIES. Code Section 48-5-48.3 Enacted. No. 1629 (House Bill No. 509). AN ACT To amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for the exemption from ad valorem taxation of the homestead of certain disabled veterans and their families; to provide for filing for the homestead exemption; to provide for substantiation of continuing eligibility; 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 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, is amended by adding a new Code Section 48-5-48.3 immediately following Code Section 48-5-48.2 to read as follows: 48-5-48.3. (a) (1) Each disabled veteran as defined in this Code section who is a citizen and resident of Georgia is granted an exemption on his homestead 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, which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. (2) The term `disabled veteran' as used in this Code section means a disabled wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans' Administration of the

Page 1446

United States as being totally and permanently disabled and entitled to receive service connected benefits so long as he is 100 percent disabled and receiving or entitled to receive benefits for a 100 percent service connected disability. (b) Each disabled veteran as defined in this Code section shall file for the exemption only once in the county of residence. Once filed, the exemption shall automatically be renewed from year to year except as provided in subsection (c) of this Code section. (c) Not more often than once every three years, the county board of tax assessors may require the holder of an exemption granted pursuant to this Code section to substantiate his continuing eligibility for the exemption. In no event may the board require more than three doctors' letters to substantiate eligibility. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. NOTARIES PUBLICREQUIREMENTS FOR NOTARIAL ACTS AND CERTIFICATIONS; APPLICATIONS FOR COMMISSIONS; SEALS; RECORDING OF DOCUMENTS; ATTACHMENT AND GARNISHMENT; DISPOSSESSORY WARRANTS AND AFFIDAVITS; DEEDS. Code Title 45, Chapter 17 Amended. Code Section 44-7-50 Amended. No. 1630 (House Bill No. 1283). AN ACT To amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general,

Page 1447

so as to change the requirements for performance of notarial acts and certifications; to specify the manner of endorsement of an application for a notary commission; to correct clerical errors; to define terms used in said article; to provide that failure to include a seal on a notarial certificate on a document executed prior to July 1, 1986, shall not affect the eligibility for recording of documents and shall not affect the status of such documents as actual notice or record notice; to specify the powers and duties of notaries; to provide for subscription of attachment and garnishment and dispossessory affidavits; to provide that certain requirements for the completion of notarial certifications shall not apply to the attestation or witnessing of a deed or other instrument pertaining to real property; to provide that past or future failure to comply with certain requirements for the completion of notarial certifications on documents executed prior to July 1, 1986, shall not affect the eligibility of a document for recording and shall not affect the status of a document as record notice or actual notice; to provide for all related matters; to amend Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants, so as to provide that an affidavit made in a dispossessory proceeding may be made before a notary public subject to judicial approval; 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 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public in general, is amended by striking Code Section 45-17-1, relating to power to appoint notaries, and inserting in its place new Code Sections 45-17-1 and 45-17-1.1 to read as follows: 45-17-1. As used in this article, the term: (1) `Attesting' and `attestation' are synonymous and mean the notarial act of witnessing or attesting a signature or execution of a deed or other written instrument, where such notarial act does not involve the taking of an acknowledgement, the administering of an oath or affirmation, the taking of a verification, or the certification of a copy.

Page 1448

(2) `Notarial act' means any act that a notary public is authorized by law to perform and includes, without limitation, attestation, the taking of an acknowledgement, the administration of an oath or affirmation, the taking of a verification upon an oath or affirmation, and the certification of a copy. (3) `Notarial certificate' means the notary's documentation of a notarial act. 45-17-1.1. The power to appoint notaries public is vested in the clerks of the superior courts and may be exercised by them at any time. Section 2 . Said article is further amended by striking Code Section 45-17-2, relating to qualifications of notaries, and inserting in its place a new Code section to read as follows: 45-17-2. (a) Any individual applying for appointment to be a notary public must be: (1) At least 18 years old; (2) A resident of this state; (3) A resident of the county from which such individual is appointed; and (4) Able to read and write the English language. (b) The qualifications of paragraphs (2) and (3) 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. Section 3 . Said article is further amended by striking paragraph (1) of subsection (b) of Code Section 45-17-2.1, relating to applications for appointment as a notary, and inserting in its place a new paragraph to read as follows: (1) Endorsements from two persons who are not relatives of the applicant, who are at least (18) years old, and

Page 1449

who reside in the county in which the individual makes application. The endorsement shall be in the following form: Section 4 . Said article is further amended by striking subsection (a) of Code Section 45-17-6, relating to seals of notaries, and inserting in its place a new subsection to read as follows: (a) (1) For the authentication of his notarial acts each notary public must provide a seal of office, which seal shall have for 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.' Notaries commissioned or renewing their commission after July 1, 1985, shall provide a seal of office which shall have for its impression the notary's name, the words `Notary Public,' the name of the state, and the county of his appointment. The embossment of notarial certificates 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 be documented by the notary's seal. (2) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any

Page 1450

matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the requirement that the document contain a notary seal. Section 5 . Said article is further amended by striking subsection (a) of Code Section 45-17-8, relating to powers and duties of notaries, and inserting in its place a new subsection to read as follows: (a) Notaries public shall have authority to: (1) Witness or attest signature or execution of deeds and other written instruments; (2) Take acknowledgements; (3) Administer oaths and affirmations in all matters incidental to their duties as commercial officers and all other oaths and affirmations which are not by law required to be administered by a particular officer; (4) Witness affidavits upon oath or affirmation; (5) Take verifications upon oath or affirmation; (6) 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; and (7) Perform such other acts as they are authorized to perform by other laws of this state. Section 6 . Said Act is further amended by striking subsection (d) of said Code Section 45-17-8 and inserting in its place a new subsection to read as follows: (d) A notary public shall not execute a notarial certificate containing a statement known by the notary to be false

Page 1451

nor perform any action with an intent to deceive or defraud. Section 7 . Said article is further amended by striking Code Section 45-17-8.1, relating to completion of notarial certifications, and inserting in its place a new Code section to read as follows: 45-17-8.1. (a) Except as otherwise provided in this Code section, in documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary's commission and shall record on the notarial certification the exact date of the notarial act. (b) The requirement of subsection (a) of this Code section for recording of the date of the notarial act shall not apply to an attestation of deeds or any other instruments pertaining to real property. (c) No document executed prior to July 1, 1986, which would otherwise be eligible for recording in the real property records maintained by any clerk of superior court or constitute record notice or actual notice of any matter to any person shall be ineligible for recording or fail to constitute such notice because of noncompliance with the present or any prior requirements of this Code section. Section 8 . Said article is further amended by striking Code Section 45-17-10, relating to authority of notaries with respect to attachments and garnishments, and inserting in its place a new Code section to read as follows: 45-17-10. It shall not be lawful for notaries public to issue attachments or garnishments, to approve bonds for the purpose of issuing attachments or garnishments, or to issue a summons in a dispossessory case; but a notary may attest an affidavit in an attachment, garnishment, or dispossessory action; provided, however, no writ or summons in said matter shall issue without first having judicial approval as provided by law. Section 9 . Article 3 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to dispossessory warrants,

Page 1452

is amended by striking Code Section 44-7-50, relating to demand for possession and procedure upon tenant's refusal, in its entirety and inserting in lieu thereof a new Code Section 44-7-50 to read as follows: 44-7-50. In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to him or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his agent, his attorney in fact, or his attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner, his agent, his attorney at law, or his attorney in fact may go before the judge of the superior court, the judge of the state court, 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. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits. Section 10 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. It is expressly declared that the curative provisions of paragraph (2) of subsection (a) of Code Section 45-17-6 and of subsection (c) of Code Section 45-17-8.1, as enacted by this Act, are intended to have retroactive application except to the extent that such retroactive application would unconstitutionally impair any vested right. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1453

SALES AND USE TAXESLIQUEFIED PETROLEUM GAS OR FUEL USED TO HEAT STRUCTURES IN WHICH BROILERS, PULLETS, OR OTHER POULTRY ARE RAISED. Code Section 48-8-3 Amended. No. 1631 (House Bill No. 1294). 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 the sales and use tax shall not apply to sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised; 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 from the end of paragraph (47) the word or; by replacing the period at the end of paragraph (48) with the symbol and word ; or; and by adding a new paragraph (49) at the end thereof to read as follows: (49) Sales of liquefied petroleum gas or other fuel used to heat a structure in which broilers, pullets, or other poultry are raised. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1454

CORPORATIONSCORPORATE DOCUMENTS; RETENTION PERIODS; CORPORATE NAME RESERVATIONS; VOTING; NOTICE OF SALE OR DISPOSITION OF ASSETS; FILING FEES; RULES OF THE SECRETARY OF STATE. Code Title 14 Amended. No. 1632 (House Bill No. 1296). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for retention periods for corporate documents filed with the Secretary of State; to provide for grounds upon which a corporate name reservation may be revoked by the Secretary of State; to provide that either articles of incorporation or bylaws may require greater than simple majority actions; to provide for shareholder notice provisions in the sale or disposition of corporate assets; to provide for certain filing fees for the Secretary of State; to change a certain title of the Secretary of State; to provide authority to the Secretary of State for the promulgation of rules and regulations for administration of corporations provisions; to provide for definitions regarding certain corporations; 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 adding at the end of Code Section 14-2-5, relating to filing and correction of documents, a new subsection, to be designated subsection (d), to read as follows: (d) The Secretary of State shall retain original charter documents and any other original documents related thereto for a period of seven years, after which such documents shall be retained in microform. Annual reports and other such documents shall be retained for a period not to exceed five years.

Page 1455

Section 2 . Said title is further amended by striking in its entirety subsection (e) of Code Section 14-2-41, relating to reservation of a corporate name, and inserting in its place a new subsection (e) to read as follows: (e) Prior to incorporation of a corporation, the Secretary of State may revoke any reservation if, after review, it is determined that the name reservation: (1) Was not made in good faith; (2) Is presently reserved or in use by another corporation or is confusingly similar to another reserved or corporate name; (3) Was made without all fees being paid in full; or (4) Was made in violation of this chapter or any other law of this state. Section 3 . Said title is further amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows: (4) A letter addressed to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within said county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation. Said letter shall contain a notice to be published four times in said newspaper and shall be in substantially the following form: (Name and address of the newspaper designated by the incorporator or incorporators or his or their representative) You are requested to publish, four times, a notice in the following form:

Page 1456

`(name of corporation) has been duly incorporated on, 19(month, day, and year to be inserted by the Secretary of State), by the issuance of a certificate of incorporation by the Secretary of State, in accordance with the applicable provisions of the Georgia Business Corporation Code. The initial registered office of the corporation is located at(address of registered office) and its initial registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' Enclosed is a (check, draft, or money order) in the amount of $60.00 in payment of the cost of publishing this notice. Very truly yours, (Name and address of incorporator or incorporators or his or their representative) Section 4 . Said title is further amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 14-2-172, relating to filing of articles of incorporation and certificate of corporate name, and inserting in its place a new paragraph to read as follows: (1) Issue a certificate of incorporation in substantially the following form and attach it to one conformed copy of the articles of incorporation: State of Georgia Office of the Secretary of State Corporation Commissioner This is to certify that(the name of the corporation) has been duly incorporated under the laws of the State of Georgia on theday of, 19(insert date articles of incorporation are delivered for filing), by the filing of articles of incorporation in the office of the Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true copy of said articles of incorporation.

Page 1457

Witness my hand and official seal, thisday of, 19. Corporation Commissioner of the State of Georgia Section 5 . Said title is further amended by striking in its entirety subsection (c) of Code Section 14-2-176, relating to bylaws of corporations, and inserting in its place a new subsection (c) to read as follows: (c) Action by the shareholders with respect to bylaws shall be taken by an affirmative vote of a majority of all shares entitled to elect directors, and action by the directors with respect to bylaws shall be taken by an affirmative vote of a majority of all directors then holding office, unless in either case the articles of incorporation or bylaws shall require such action to be taken by a greater number. Section 6 . Said title is further amended by striking in its entirety paragraph (2) of Code Section 14-2-231, relating to the sale or other disposition of corporate property and assets requiring shareholder approval, and inserting in its place a new paragraph (2) to read as follows: (2) Written notice shall be given to each shareholder of record, whether or not entitled to vote at such meeting, not less than 20 days before such meeting, in the manner provided in Code Section 14-2-113 for the giving of notice of meetings of shareholders, and, whether the meeting is an annual or a special meeting, shall state that the purpose or one of the purposes is to consider the proposed sale, lease, exchange, or other disposition. The notice shall fairly summarize the material features of the proposed transaction and, if such shareholders would be entitled to exercise rights under Code Sections 14-2-250 and 14-2-251, shall contain a clear and concise statement that, if the sale, lease, exchange, or other disposition is effected, shareholders dissenting therefrom are entitled, if they file a written objection to such

Page 1458

transaction before the vote of the shareholders is taken thereon and comply with the further provisions of Code Section 14-2-251 regarding the rights of dissenting shareholders, to be paid the fair value of their shares;. Section 7 . Said title is further amended by adding at the end of Code Section 14-2-372, relating to miscellaneous charges, three new paragraphs, to be designated paragraphs (4), (5), and (6), to read as follows: (4) For filing a copy of a resolution creating a residential care facilities authority as provided in subsection (d) of Code Section 31-7-113 10.00 (5) For filing a copy of a resolution creating a downtown development authority as provided in subsection (b) of Code Section 36-42-5 10.00 (6) For filing a copy of a resolution creating a development authority as provided in subsection (c) of Code Section 36-62-4 10.00 Section 8 . Said title is further amended by striking in its entirety Code Section 14-5-20, relating to the Secretary of State as ex officio corporation commissioner, and inserting in its place a new Code Section 14-5-20 to read as follows: 14-5-20. The Secretary of State shall be corporation commissioner and shall be charged with the execution of the duties set forth in Chapters 2 through 5 of this title. Where the office of Secretary of State shall become vacant by resignation, death, or otherwise, his authority as corporation commissioner shall immediately vest in the assistant corporation commissioner who shall be charged with the execution of the duties of the Secretary of State set forth in this title until the office of Secretary of State ceases to be vacant. Section 9 . Said title is further amended by adding immediately following Code Section 14-5-22 a new Code section, to be designated Code Section 14-5-23, to read as follows:

Page 1459

14-5-23. Notwithstanding any other law to the contrary, the Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this title, which are incidental to and necessary for the implementation and enforcement of such provisions of this title as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 10 . Said title is further amended by striking in its entirety paragraph (3) of Code Section 14-7-2, relating to definitions concerning professional corporations, and inserting in its place a new paragraph (3) to read as follows: (3) `Professional corporation' means a corporation, whether domestic or foreign, organized under Chapter 2 of this title which has elected to become subject to this chapter. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. SALES AND USE TAXESINSULIN AND INSULIN SYRINGES DISPENSED WITHOUT A PRESCRIPTION. Code Section 48-8-3 Amended. No. 1633 (House Bill No. 1297). 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 insulin and insulin syringes dispensed

Page 1460

without a prescription 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 from the end of paragraph (47) the word or, by replacing the period at the end of paragraph (48) with the symbol and word ; or, and by adding a new paragraph (49) to read as follows: (49) Sales of insulin and insulin syringes dispensed without a prescription. Section 2 . This Act shall become effective July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. GAME AND FISHINTERFERENCE WITH LAWFUL TAKING OF WILDLIFE PROHIBITED; FAILURE TO OBEY A LAW ENFORCEMENT OFFICER; INJUNCTIONS; CIVIL LIABILITY; FISH DEALERS LICENSES; CHANNEL CATFISH; OUT-OF-STATE FISH SHIPMENTS; HUNTING REDEFINED. Code Sections 27-1-2 and 27-4-76 Amended. Code Sections 27-3-150 through 27-3-152 Enacted. No. 1634 (House Bill No. 1344). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide that it shall be unlawful

Page 1461

to interfere with the lawful taking of wildlife or to disturb wildlife for the purpose of preventing or attempting to prevent the lawful taking of wildlife; to provide for certain exceptions; to provide for a definition; to provide that it shall be unlawful to fail to obey certain orders of a law enforcement officer; to provide for certain injunctions; to provide for civil liability under certain circumstances; to change the provisions relating to licensing of wholesale and retail fish dealers, so as to exclude from the licensing requirements persons engaged in the sale of channel catfish and to delete requirements relating to shipment of out-of-state fish or fish eggs; to delete from the definition of the term hunting the acts of disturbing, harrying, or worrying; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding at the end of Chapter 3, relating to wildlife generally, a new Article 6 to read as follows: ARTICLE 6 27-3-150. As used in this article, the term `lawful taking' means taking wildlife when such taking is authorized by the provisions of this title or by rules or regulations of the board adopted pursuant to the authority of this title. 27-3-151. (a) It shall be unlawful for any person to: (1) Interfere with the lawful taking of wildlife by another person by intentionally preventing or attempting to prevent such person from such lawful taking of wildlife; (2) Disturb or engage in activity tending to disturb wildlife for the purpose of intentionally preventing or attempting to prevent the lawful taking of such wildlife; or (3) Fail to obey an order of a law enforcement officer to desist from conduct violating paragraph (1) or (2) of

Page 1462

this Code section if the law enforcement officer observes such conduct or if the law enforcement officer has reasonable grounds for believing that the person has engaged in such conduct that day or that the person plans or intends to engage in such conduct that day at a specific location. (b) Nothing in subsection (a) of this Code section shall be construed to apply to the activities of law enforcement officers or employees of the department in the performance of their duties. 27-3-152. (a) The superior court of a county may enjoin conduct which would be in violation of Code Section 47-3-151 upon the petition of a person who is affected or who reasonably may be affected by such conduct, upon a showing that such conduct is threatened or that such conduct has occurred at a particular location in the past and that it is not unreasonable to expect that under similar circumstances such conduct will be repealed. (b) A person who engages in conduct in violation of Code Section 27-3-151 shall be civilly liable to any other person who is adversely affected by such conduct, and any award for damages may include punitive damages. In addition to any other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel, guides, and special equipment and supplies to the extent that such expenditures were rendered futile by preventing the lawful taking of wildlife. Section 2 . Said title is further amended by striking Code Section 27-4-76, relating to licensing of wholesale and retail fish dealers, in its entirety and substituting in lieu thereof a new Code Section 27-4-76 to read as follows: 27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Notwithstanding any other provision to the contrary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer.

Page 1463

(b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state of live fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section. Section 3 . Said title is further amended by striking in its entirety paragraph (39) of Code Section 27-1-2, relating to definitions applicable to the Game and Fish Code, and inserting in lieu thereof a new paragraph (39) to read as follows: (39) `Hunting' means pursuing, shooting, killing, taking, or capturing wildlife. This term also includes acts such as placing, setting, drawing, or using any device used to take wildlife, whether any such act results in taking or not, and includes every act of assistance to any person in taking or attempting to take such wildlife. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1464

SALES AND USE TAXESPAYMENTS MADE WITH FOOD STAMPS OR WIC COUPONS; EXEMPTIONS. Code Section 48-8-3 Amended. No. 1635 (House Bill No. 1362). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that sales transactions for which food stamps or WIC coupons are used as the medium of exchange shall be exempt from sales and use taxes; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . It is the intention of the General Assembly by the passage of this Act to comply fully with federal law which conditions state participation in the food stamp program and WIC program on the provision of an exemption from state and local taxes for purchases made with food stamps or WIC coupons. Section 2 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking or from the end of paragraph (47), by striking the period at the end of paragraph (48) and inserting in its place ; or, and by adding a new paragraph (49) to read as follows: (49) Sales transactions for which food stamps or WIC coupons are used as the medium of exchange. Section 3 . This Act shall become effective on October 1, 1987. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1465

PROFESSIONAL FUND RAISERS AND PROFESSIONAL SOLICITORSCHARITABLE ORGANIZATIONS; REGISTRATION FEES; REPORTS; NAMES. Code Sections 43-17-2, 43-17-4, and 43-17-10 Amended. No. 1636 (House Bill No. 1438). AN ACT To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and professional solicitors, so as to change the amount of the registration fee required of a charitable organization; to change the provisions relating to reports required of charitable organizations and professional fund raisers; to require the payment of certain fees in connection with reports; to change the provisions relating to the use of confusingly similar or misleading names; 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 43 of the Official Code of Georgia Annotated, relating to professional fund raisers and professional solicitors, is amended by striking in its entirety subsection (c) of Code Section 43-17-2, relating to registration of charitable organizations, and inserting in lieu thereof a new subsection (c) to read as follows: (c) For filing such registration, the Secretary of State shall receive a fee of $25.00 to be paid at the time of registration. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-17-4, relating to reports by registered charitable organizations, and inserting in lieu thereof a new subsection (a) to read as follows: (a) All charitable organizations required to register pursuant to Code Section 43-17-2 and all professional fund

Page 1466

raisers required to register pursuant to Code Section 43-17-3 which have received contributions during the preceding calendar year shall file a written report with the Secretary of State upon forms prescribed by him at the end of each quarter for the first year of operation. Thereafter, an annual report shall be filed on or before June 30 of each year, which report shall include a financial statement covering the preceding fiscal quarter or year of operation, clearly setting forth the gross income, expenses, and net amount inuring to the benefit of the charitable organization. A charitable organization or professional fund raiser which maintains its books on other than a calendar-year basis shall, upon application to the Secretary of State therefor, be permitted to file its report within 180 days after the close of its fiscal year. Such report shall state the names of its professional fund raisers and professional solicitors used during the year, if any, and the amounts of compensation received by them. Each annual report filed with the Secretary of State as required in this subsection shall be accompanied by a $10.00 fee. Any charitable organization or professional fund raiser that fails to submit its annual report by June 30 or, in the case of an organization or fund raiser which maintains its books on other than a calendar-year basis, by the close of the 180 day period shall be assessed a late fee of $25.00 for each month or part of a month that such organization or fund raiser is late in filing its annual report. Such report, when filed, shall become a public record in the office of the Secretary of State. Section 3 . Said chapter is further amended by striking in its entirety Code Section 43-17-10, relating to use of confusingly similar or misleading names, and inserting in lieu thereof a new Code Section 43-17-10 to read as follows: 43-17-10. No charitable organization shall use a name which is the same as, or confusingly similar to, a name used in this state by another charitable organization registered pursuant to this chapter unless the latter organization shall consent to such use. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 1467

Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. SALES AND USE TAXESOXYGEN PRESCRIBED BY A LICENSED PHYSICIAN. Code Section 48-8-3 Amended. No. 1637 (House Bill No. 1445). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from such tax the sale of oxygen when prescribed by a physician; 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 sales and use taxes, is amended by striking paragraphs (47) and (48) and inserting in lieu thereof new paragraphs (47) and (48) to read as follows: (47) Sales of drugs dispensed by prescription and prescription eyeglasses and contact lenses; (48) Sales to licensed commercial fishermen of bait for taking crabs and the use by licensed commercial fishermen of bait for taking crabs; or. Section 2 . Said Code section is further amended by adding a new paragraph (49) to read as follows: (49) Sales of oxygen prescribed by a licensed physician.

Page 1468

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. CEMETERIESBURIAL MERCHANDISE; SALESPERSONS; RECORDS OF EMPLOYEES; NEW NONPERPETUAL CARE CEMETERIES PROHIBITED; ESCROW ACCOUNTS; FEES; SIZE; AUDITING COSTS. Code Title 44, Chapter 3, Article 4 Amended. No. 1638 (House Bill No. 1460). AN ACT To amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, so as to change the definition of burial merchandise; to eliminate the requirement that salespersons be registered; to provide for the preparation, maintenance, and inspection of records pertaining to employees of cemeteries and preneed dealers; to prohibit certain persons from association with cemeteries and preneed dealers; to prohibit the operation or establishment of new nonperpetual care cemeteries; to provide for deposits to preneed escrow accounts; to prohibit the hypothecation, encumbrance, or pledging of preneed escrow account funds; to provide for the payment of fees for registration and renewal of registration; to provide for the payment of fees upon transfer of cemetery ownership; to provide for minimum acreage of cemeteries in this state; to provide for assessment of auditing costs and expenses; 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:

Page 1469

Section 1 . Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to cemeteries, is amended by striking paragraph (1) of Code Section 44-3-131, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Burial merchandise' means any merchandise normally offered or sold by a cemetery company or preneed dealer 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, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type. Section 2 . Said article is further amended by striking Code Section 44-3-132 which reads as follows: 44-3-132. (a) No salesperson, as defined by this article, shall offer for sale or sell any burial lot, right, burial service, or burial merchandise in connection with any cemetery unless he is a registered salesperson pursuant to the provisions of this Code section. (b) Each individual employed, appointed, or authorized to offer for sale or to sell any burial lots, rights, burial merchandise, or burial services on behalf of a cemetery company or preneed dealer shall be identified in a statement of registration pursuant to Code Section 44-3-134. Such registration statement shall contain the name, address, telephone number, and employment history for the five years previous to the date of filing and whether the individual has ever been convicted of a misdemeanor of which fraud is an essential element or has ever been convicted of a felony and, if so, all pertinent information with respect to such conviction. (c) Every registration under this Code section shall expire on the first day of August of each year. Each salesperson's renewal application shall be filed with and shall be an integral part of the renewal application of each cemetery, cemetery company, or preneed dealer as provided for under Code Section 44-3-134. Upon any change in the employment

Page 1470

or registration information concerning the salespersons of a cemetery, cemetery company, or preneed dealer, such cemetery, cemetery company, or preneed dealer shall promptly notify the Secretary of State and shall furnish to him in writing such information concerning such individuals, which information has not previously been filed as required in an original application for registration., and inserting in lieu thereof a new Code Section 44-3-132 to read as follows: 44-3-132. Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, or independent contractor directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State. Section 3 . Said article is further amended by striking Code Section 44-3-133 which reads as follows: 44-3-133. (a) The registration of any salesperson may be suspended, revoked, or denied by the Secretary of State as provided in subsection (b) of this Code section if he finds that such registrant: (1) Has willfully made or caused to be made in any application for registration under this article, or in any hearing conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any such application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (2) Has willfully violated or willfully failed to comply with any provision of this article or a predecessor law or any regulation or order promulgated or issued under this article or any predecessor law;

Page 1471

(3) Has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the cemetery business or has ever been convicted of a felony; or (4) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the cemetery business. (b) Where the Secretary of State finds that there are grounds for revocation or suspension as provided in this Code section, he may issue an order suspending or revoking the registration of any salesperson. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 and until the Secretary of State shall issue a written order in accordance with Code Section 44-3-147 if such salesperson requests a hearing under Code Section 44-3-147; but the Secretary of State may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a salesperson. An order of immediate suspension will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147., and inserting in lieu thereof a new Code Section 44-3-133 to read as follows: 44-3-133. (a) The Secretary of State, by order, may prohibit a person who is an employee, officer, or independent contractor directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a cemetery or preneed dealer registered under this chapter if the Secretary of State finds that such is in the public interest and that said person: (1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this article, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact,

Page 1472

or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (2) Has willfully violated or willfully failed to comply with any provision of this article or a predecessor law or any regulation or order promulgated or issued under this article or any predecessor law; (3) Has been convicted of a misdemeanor of which fraud is an essential element or which involves moral turpitude or which involves any aspect of the cemetery business or has been convicted of a felony; (4) Has engaged in any unethical or dishonest practices in the cemetery business; or (5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the cemetery business. (b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he may issue an order prohibiting an employee, officer, or independent contractor directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 and until the Secretary shall issue a written order in accordance with Code Section 44-3-147 if such person requests a hearing under Code Section 44-3-147; but the Secretary may, if he finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147.

Page 1473

Section 4 . Said article is further amended by striking paragraphs (2) and (3) of subsection (d) of Code Section 44-3-134, relating to registration of cemeteries and dealers, which read as follows: (2) Nonperpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include a filing fee of $25.00. (3) Every registration under this Code section shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $25.00., and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required. (3) Except as specifically authorized under paragraph (2) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery. Section 5 . Said article is further amended by striking subparagraphs (A) and (E) of paragraph (1) of subsection (e) of Code Section 44-3-134, relating to registration of cemeteries and dealers, which read as follows: (A) The amount to be deposited to said escrow account shall be the actual wholesale cost of the burial merchandise sold or 35 percent of the sales price of such burial merchandise. If the contract of sale shall include cemetery space, mausoleum crypts which have not been constructed at the

Page 1474

time of sale, or attachments to realty, the portion of the sales price attributable to the sale of the contemplated burial merchandise shall be determined, and it shall only be as to such portion of the total contract that deposit of wholesale cost or 35 percent of the sales price shall be required. In the event that the sale of burial merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the actual wholesale cost of such burial merchandise or 35 percent of the sales price of such burial merchandise. (E) (i) Funds may be released from the escrow account when the burial merchandise is delivered to the purchaser or attached to realty, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. Deposits made from funds received in payment for preneed services shall remain in the escrow account until such services are performed, at which time said funds shall be released to the cemetery upon certification of performance. (ii) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial merchandise concerned; but after delivery of the burial merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the

Page 1475

actual cost incurred in such delivery, construction, or performance., and inserting, respectively, in lieu thereof new subparagraphs (A) and (E) to read as follows: (A) The amount to be deposited to said escrow account shall be 35 percent of the sales price of such burial merchandise. If the contract of sale shall include cemetery spaces or items not deemed to be burial merchandise, the portion of the sales price attributable to the sale of the contemplated burial merchandise shall be determined, and it shall only be as to such portion of the total contract that the deposit of 35 percent of the sales price shall be required. In the event that the sale of burial merchandise is on an installment contract, the contemplated trust deposit shall be a pro rata part from each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to 35 percent of the sales price of such burial merchandise. (E) (i) Funds may be released from the escrow account when the burial merchandise is delivered to the purchaser or attached to realty, each phase of mausoleum construction is completed or the cemetery spaces are developed, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds shall be released to the cemetery upon certification of performance. (ii) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial merchandise concerned

Page 1476

and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the cemetery until such time as the merchandise has been delivered or the phase of mausoleum construction completed or the cemetery spaces developed; but after delivery of the burial merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the actual cost incurred in such delivery, construction, or performance. Section 6 . Said article is further amended by striking paragraphs (2) and (3) of subsection (e) of Code Section 44-3-134, relating to cemeteries and dealers, and inserting in lieu thereof new paragraphs (2) and (3) to read as follows: (2) Preneed dealers shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following: (A) A filing fee of $1,000.00; (B) The name, address, location, and telephone number of the preneed burial escrow account depository, the name of the account, the account number, and a financial report regarding said account; (C) An executed copy of the escrow agreement setting forth the method used for computing the preneed escrow deposit requirements. This agreement shall not be changed or amended without the prior written approval of the Secretary of State; and (D) The name, address, and telephone number of the escrow agent.

Page 1477

(3) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $200.00. Section 7 . Said article is further amended by adding at the end of subsection (e) of Code Section 44-3-135, relating to filing fees, a new paragraph (3) to read as follows: (3) A fee of $500.00 shall be paid to the Secretary of State by the vendor or transferor upon written notification to the Secretary of State of the proposed transfer. Said fee shall be in addition to any fee imposed pursuant to subsection (f) of Code Section 44-3-140. Section 8 . Said article is further amended by adding at the end of Code Section 44-3-135, relating to filing fees, a new subsection (f) to read as follows: (f) Every cemetery initially registered according to the provisions of this chapter on or after August 1, 1986, shall consist of not less than 25 acres of land. All cemeteries registered according to this chapter prior to August 1, 1986, shall not be subject to a minimum size requirement. Section 9 . Said article is further amended by striking subsection (f) of Code Section 44-3-140 which reads as follows: (f) Pursuant to the auditing powers given to the Secretary of State by this article, the Secretary of State may assess against the registrant audited reasonable and necessary expenses incurred by an audit for cause if such audit results in an adverse finding pursuant to an administrative action or legal action, such assessment not to exceed $50.00 in expenses per auditor per day., and inserting in lieu thereof a new subsection (f) to read as follows: (f) Pursuant to the auditing powers given to the Secretary of State by this article, the Secretary of State may assess

Page 1478

against the audited registrant reasonable and necessary expenses incurred by an audit conducted by the Secretary of State or his representatives. Such an audit may be undertaken pursuant to a proposed transfer of ownership, the failure of the registrant to keep and maintain sufficient records, or an administrative or legal action. Assessment of said reasonable and necessary audit expenses shall be $75.00 per auditor per day plus actual expenses. The combined audit expenses and actual expenses shall not exceed $1,000.00 per 12 months for any one cemetery. A certified audit conducted by an independent accountant of the registrant's perpetual care trust account and preneed escrow account may be accepted by the Secretary of State in lieu of audit. Expenses for an audit undertaken pursuant to administrative or legal action will be assessed against the registrant only if such audit results in an adverse finding pursuant to such action. Section 10 . This Act shall become effective August 1, 1986. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. FIREMENDEFINITION; INDEMNIFICATION. Code Section 45-9-81 Amended. No. 1639 (House Bill No. 1581). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, so as to change the definition of the term firemen; to repeal conflicting laws; and for other purposes.

Page 1479

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions with respect to the indemnification of law enforcement officers, firemen, and prison guards, is amended by striking paragraph (2) in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) (A) `Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by any municipal, county, or state government fire department employing three or more firemen and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) `Fireman' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) `Fireman' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during

Page 1480

any fire or other emergency or while performing duties intended to protect life and property. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. INCOME TAXRETIREMENT INCOME EXCLUSION; NOTICES OF CHANGES IN FEDERAL NET INCOME; PENALTIES. Code Sections 48-7-27 and 48-7-82 Amended. No. 1640 (House Bill No. 1584). AN ACT To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Georgia income taxation, so as to increase the amount of retirement income which may be excluded from taxable net income by a taxpayer who is 62 years of age or over or is permanently and totally disabled; to amend Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, so as to provide for the consequences of a taxpayer's failure to give timely notice to the state revenue commissioner of a change by the United States Department of the Treasury in the amount of the taxpayer's net income for any year; to provide that a taxpayer who fails to give such timely notice shall forfeit his right to refund of any overpayment determined by reason of such change but shall not forfeit his right to set off a certain percentage of the amount of such overpayment against any additional tax liability determined by reason of such change; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes.

Page 1481

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to calculation of taxable net income of individuals for purposes of Georgia income taxation, is amended by striking paragraph (5) of subsection (a), which paragraph describes an exclusion from taxable net income, and inserting in its place a new paragraph to read as follows: (5) (A) Retirement income not to exceed $4,000.00 per year received from any source. This paragraph shall not apply to or affect retirement income which is already wholly exempt from income taxation because it is received from a public pension or retirement fund or system listed in subparagraph (4)(A) of this subsection. A taxpayer shall be eligible for the $4,000.00 exclusion granted by this paragraph only if he: (i) Is 62 years of age or older during any part of the taxable year; or (ii) Is permanently and totally disabled in that he has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence. (B) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusion allowed by this paragraph; Section 2 . Code Section 48-7-82 of the Official Code of Georgia Annotated, relating to time periods for the assessment, collection, and refund of income taxes, is amended by striking subsection (e) and inserting in its place a new subsection to read as follows: (e) (1) When a taxpayer's amount of net income for any year under this chapter as returned to the United States Department of the Treasury is changed or corrected by the commissioner of internal revenue or other officer of the United States of competent authority, the

Page 1482

taxpayer, within 180 days after final determination of the changed or corrected net income, shall make a return to the commissioner of the changed or corrected income, and the commissioner shall make assessment or the taxpayer shall claim a refund based on the change or correction within one year from the date the return required by this paragraph is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the commissioner receives from the United States government or one of its agents a report reflecting the changed or corrected net income, the commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States government or its agent is actually received. (2) In the event the taxpayer fails to notify the commissioner of the final determination of his United States income taxes, the commissioner shall proceed to determine, upon evidence that the commissioner has brought to his attention or that he otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of tax for the year, the taxpayer, by his failure to notify the commissioner as required in paragraph (1) of this subsection, shall forfeit his right to any refund due by reason of the change or correction. A taxpayer who so fails to notify the commissioner, however, shall be entitled to equitable recoupment of 90 percent of any overpayment so determined against any additional tax liability so determined, the remaining 10 percent of the overpayment being totally forfeited as a penalty for failure to make a return as required by paragraph (1) of this subsection. Section 3 . Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective January 1, 1987, and shall apply to taxable years beginning on or after that date.

Page 1483

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. STATE GOVERNMENTREAL PROPERTY INVENTORY; TRANSFER OF DUTIES FROM THE SECRETARY OF STATE TO THE STATE PROPERTIES COMMISSION. Code Sections 50-16-122, 50-16-123, and 50-16-124 Amended. No. 1641 (House Bill No. 1888). AN ACT To amend Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, so as to change a certain definition; to provide that certain functions of the Secretary of State relative to the filing of conveyances shall be transferred to the State Properties Commission; to provide that certified copies of court orders relative to condemnation of certain real property by and copies of conveyances of the acquisition or disposition of real property held or owned by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll IslandState Park Authority, and the Stone Mountain Memorial Association shall be filed with the State Properties Commission; to repeal the authority of the Secretary of State to promulgate certain rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1484

Section 1 . Article 6 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of public property, is amended by striking Code Section 50-16-122 in its entirety and inserting in lieu thereof a new Code Section 50-16-122 to read as follows: 50-16-122. (a) As used in this Code section, the term: (1) `Real property' means any real property owned by the state and under the custody of any state official, department, board, bureau, commission, or other state agency, except public road, street, and highway rights of way and other real property held by the Department of Transportation pursuant to Ga. L. 1919, p. 242, art. 5, Section 5, as amended by Ga. L. 1922, p. 176, Section 1; Ga. L. 1939, p. 188, Section 1; Ga. L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. Also expressly excluded from the meaning of `real property,' as used in this Code section, is all real property held by the Board of Regents of the University System of Georgia and owned by the following public corporations; the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll IslandState Park Authority, and the Stone Mountain Memorial Association. (2) `Department' means any state official, department, board, bureau, commission, or other state agency having custody of state owned real property. (b) All real property, the ownership of which is either acquired or disposed of by the state or any department thereof after July 1, 1970, shall be subject to the following requirements: (1) Except as otherwise provided by law and except as otherwise required by the nature of the transaction conveying real property to the state or any department thereof, the title to all real property acquired shall be in the name of the state; but the conveyance shall have written or printed thereon in the upper right-hand corner

Page 1485

of the initial page thereof the name of the department for which acquired who is the custodian thereof; (2) The original of any conveyance acquiring real property shall be filed in the office of the State Properties Commission before being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by a plat of the real property conveyed; and it shall be the duty of the State Properties Commission to have the conveyance and plat recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. Any fees required for such recording shall be paid by the department acquiring the real property or by the seller of the property, as the case may be. After having the conveyance and plat so recorded, the State Properties Commission shall index and retain the same as a part of the permanent records of such commission; but an exact copy of the conveyance and plat shall be produced by the State Properties Commission and forwarded by such commission to the department acquiring the real property; (3) When real property is acquired by eminent domain and is conveyed to the state or department thereof by court order, it shall be the duty of the acquiring custodial department to obtain and transmit to the State Properties Commission a certified copy of the court order; and the State Properties Commission shall index and retain the same as a part of the permanent records of such commission; (4) (A) The original of any conveyance disposing of real property, except an Act or resolution of the General Assembly, shall be filed in the office of the State Properties Commission before being recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by a plat of the real property conveyed, and

Page 1486

the State Properties Commission shall cause the conveyance and plat to be duplicated. The duplicate of the conveyance and plat shall be indexed and retained by the State Properties Commission as a part of the permanent records of such commission. The original of the conveyance and plat, along with a certificate, under seal of the State Properties Commission showing that the same has been filed in the office of such commission, shall be returned to the purchaser of the real property. Upon receiving the original of the conveyance and plat and certificate of the State Properties Commission, the purchaser of the real property may then have the same recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. (B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or resolution, authorizing or directing a disposition of real property; and (5) When real property is conveyed by an Act or resolution of the General Assembly, the State Properties Commission shall obtain and certify as true and correct a copy of the Act or resolution and retain the same as a part of the permanent records of such commission. (c) The documents which are required to be maintained by the State Properties Commission as a part of the permanent records of such commission, as provided by paragraphs (2) through (5) of subsection (b) of this Code section, shall be used by the State Properties Commission in such manner as it shall determine in maintaining the inventory of real property. Section 2 . Said article is further amended by striking Code Section 50-16-123 in its entirety and inserting in lieu thereof a new Code Section 50-16-123 to read as follows: 50-16-123. A copy of all conveyances for the acquisition and disposition of real property held or owned by the Board

Page 1487

of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll IslandState Park Authority, and the Stone Mountain Memorial Association shall be filed with the State Properties Commission within 30 days after the conveyance in an acquisition has been recorded in the office of the clerk of the superior court in the county in which the land is located and within 30 days after the conveyance in a disposition has been dated, executed, and delivered. When real property is acquired by condemnation by the Board of Regents of the University System of Georgia, the Georgia Building Authority, the Georgia Building Authority (Hospital), the Georgia Building Authority (Markets), the Georgia Building Authority (Penal), the Georgia Education Authority (University), the Georgia Ports Authority, the Jekyll IslandState Park Authority, and the Stone Mountain Memorial Association, a certified copy of the court order vesting title in such board, association, or any such authority shall be filed with the State Properties Commission within 30 days after the date of the court order. Section 3 . Said article is further amended by striking Code Section 50-16-124 in its entirety and inserting in lieu thereof a new Code Section 50-16-124 to read as follows: 50-16-124. The State Properties Commission is authorized and directed to promulgate such rules and regulations as may be necessary to carry out this part, provided such rules and regulations are not in conflict with this part. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1488

SUPERIOR COURTSLAW CLERKS; PAYMENTS TO COUNTIES OF A JUDICIAL CIRCUIT EMPLOYING MORE THAN ONE LAW CLERK. Code Section 15-6-28 Amended. No. 1642 (Senate Bill No. 83). AN ACT To amend Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, so as to allow payment of the salary amount to which a law clerk would be entitled under such Code section to be made to a county of a judicial circuit which employs more than one law clerk; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-28 of the Official Code of Georgia Annotated, relating to the employment of one law clerk for each judicial circuit, is amended by adding at the end thereof a new subsection to be designated subsection (h) to read as follows: (h) If a judicial circuit through one or more of its counties employs more than one law clerk and all such law clerks are county employees and are paid from funds other than state funds, the county which administers the employment may make application to the Fiscal Division of the Department of Administrative Services for reimbursement of the salary amount only of a singular state employee law clerk position as authorized by this Code section. Upon the submission of such documentation by the county as the Fiscal Division may reasonably require in order to verify actual employment of more than one law clerk, the division shall pay over to the county the state salary amount from state funds appropriated or otherwise made available for the operation of the superior courts.

Page 1489

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. PUBLIC OFFICERS AND EMPLOYEESDAY-CARE CENTERS FOR STATE EMPLOYEES; CAPITOL HILL PILOT PROGRAM. Code Sections 45-18-70 through 45-18-72 Enacted. No. 1643 (Senate Bill No. 306). AN ACT To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, so as to authorize the commissioner of personnel administration in conjunction with the Georgia Building Authority to establish, equip, and operate a day-care center as a capitol hill pilot program for the purpose of serving children who are members of households of employees of state government in and around the state capitol; to provide for certain fees and charges; to provide for rules and regulations; to provide for recommendations relative to funding and costs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees' insurance and benefit plans, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 45-18-70. Notwithstanding any other provisions of law, the commissioner of personnel administration in conjunction

Page 1490

with the Georgia Building Authority is authorized by contract or otherwise to establish, equip, and operate a day-care center as a capitol hill pilot program for the purpose of serving children who are members of households of employees of state government in and around the state capitol. The commissioner of personnel administration in conjunction with the Georgia Building Authority is authorized to establish or provide for the establishment of appropriate fees and charges to be chargeable against the state employees who are beneficiaries of services provided by such facility to pay for the cost of their operation and accept money, equipment, or other property donated for use in connection with the facility. 45-18-71. The State Personnel Board shall promulgate such rules and regulations as may be required for the effective administration of this article. 45-18-72. The commissioner of personnel administration shall present recommendations no later than December 1, 1986, for funding any start-up costs of the pilot project. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1491

STATE EMPLOYEESLAW ENFORCEMENT OFFICERS, FIREMEN, AND EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OR STATE BOARD OF PARDONS AND PAROLES; INJURIES IN THE LINE OF DUTY; COMPENSATION. Code Section 45-7-9 Enacted. No. 1644 (Senate Bill No. 322). AN ACT To amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, so as to provide that any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles or law enforcement officer employed by the State of Georgia who is injured in the line of duty by an act of external violence or injury shall be entitled to his regular compensation for the period of time that any such employee or law enforcement officer is physically unable to perform the duties of his employment; to provide that any fireman employed by the State of Georgia who is injured in the line of duty shall be entitled to his regular compensation for the period of time that any such fireman is physically unable to perform the duties of his employment; to define certain terms; to provide certain limitations; to provide procedures; to provide for a reduction in benefits provided by this Act when the injured employee, fireman, or law enforcement officer is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal a specific Code section relating to compensation of employees of the Department of Corrections for injuries committed by an inmate or probationer; to repeal a specific Code section relating to compensation of employees of the State Board of Pardons and Paroles for injuries committed by an inmate or parolee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1492

Section 1 . Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions concerning salaries and fees of certain public officers and employees, is amended by adding at the end thereof a new Code Section 45-7-9 to read as follows: 45-7-9. (a) As used in this Code section, the term: (1) `Law enforcement officer' means any agent or officer employed by the State of Georgia 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. Such term shall not include narcotics agents as provided for in Code Section 35-3-9. (2) `Fireman' means any person who is employed as a professional firefighter on a full-time basis of at least 40 hours per week by a state government fire department who has the responsibility of preventing and suppressing fires, protecting life and property, and enforcing state fire prevention codes, as well as enforcing any law pertaining to the prevention and control of fires. (b) (1) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who, on or after July 1, 1986, is injured in the line of duty by an act of external violence or injury shall be entitled to receive compensation as provided in this Code section. (2) Any fireman who, on or after July 1, 1986, is injured in the line of duty shall be entitled to receive compensation as provided in this Code section.

Page 1493

(c) An employee of the Department of Correction, employee of the State Board of Pardons and Paroles, fireman, or law enforcement officer injured in the line of duty as provided in subsection (b) of this Code section shall continue to receive his regular compensation for the period of time that the employee or officer is physically unable to perform the duties of his employment; provided, however, that such benefits provided in this Code section shall not be granted for injuries resulting from a single incident for more than a total of 180 working days. An employee, fireman, or officer shall be required to submit to his department head satisfactory evidence of such disability. (d) Benefits made available under this Code section shall be subordinate to any workers' compensation benefits for which the employee, fireman, or officer is eligible and shall be limited to the difference between the amount of available workers' compensation benefits and the amount of the employee's, fireman's, or officer's regular compensation. (e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, or law enforcement officer who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits provided in this Code section. Section 2 . Code Section 42-5-41 of the Official Code of Georgia Annotated, relating to compensation of members of the Department of Corrections for injuries committed by an inmate or probationer, is repealed in its entirety. Section 3 . Code Section 42-9-21.1 of the Official Code of Georgia Annotated, relating to compensation of employees of the State Board of Pardons and Paroles for injuries committed by an inmate or parolee, is repealed in its entirety. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1494

JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIATIME FOR MAKING PAYMENTS TO THE FUND. Code Section 47-11-50 Amended. No. 1645 (Senate Bill No. 342). AN ACT To amend Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to the time for making certain payments to the fund; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to membership in and contributions to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking subsection (a) of Code Section 47-11-50, relating to the payment to the fund of a portion of fees collected in connection with marriage licenses, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Twenty percent of all fees collected by any and all judges of the probate courts for any service rendered as such in taking applications for marriage licenses, issuing and recording such marriage licenses, and filing such applications and marriage licenses with the Department of Human Resources shall be withheld by the judges of the probate courts collecting such fees and shall be paid to the board by the twentieth day of the month following the month in which such fees were collected, irrespective of whether such collecting judge of the probate court is now or may hereafter be compensated from fees collected or by a salary, or both. It shall be the duty of each judge of the probate court to keep accurate records of all such fees collected, and such

Page 1495

records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used to provide adjustments of the compensation of the several judges of the probate courts by making retirement benefits available to such judges of the probate courts and to pay the costs of administration incurred by the board. Section 2 . Said article is further amended by striking paragraph (1) of subsection (c) of Code Section 47-11-51, relating to the payment to the fund of a portion of fines and forfeited bonds, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) All moneys required to be paid to the board by this Code section shall be due on the twentieth day of the month after collection. Each judge of the probate court or other collecting authority shall pay such moneys to the board no later than such due date and shall submit with such moneys a sworn statement of the number and nature of transactions for which such moneys are required to be paid and the amount due. Such sworn statement shall be on a form furnished to each judge of the probate court by the board. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1496

LOCAL GOVERNMENTJOINT PURCHASE OF INSURANCE BY MUNICIPALITIES AND COUNTIES; JOINT SELF-INSURANCE PROGRAMS; INTERLOCAL RISK MANAGEMENT AGENCIES. Code Title 36, Chapter 85 Enacted. No. 1646 (Senate Bill No. 369). AN ACT To amend Title 36 of the Offical Code of Georgia Annotated, relating to local government, so as to authorize the joint purchase of insurance by municipalities and counties; to authorize joint self-insurance programs for municipalities and counties; to provide for definitions; to provide for contracts; to provide for interlocal risk management agencies and the powers, duties, and management thereof; to provide for plans and funds; to provide for the pooling of risks; to provide for records, practices, and procedures; to provide for rules and regulations; to provide for excess insurance; to provide for regulation of joint self-insurance programs by the Commissioner of Insurance; to provide for certificates of authority and applications for certificates of authority; to provide minimum surplus requirements; to provide limitations on investments; to provide for joint and several liability in self-insurance programs; to provide requirements for administrators and contracts with administrators; to provide for revocation or suspension of certificates of authority; to provide for hearings; to provide for special assessments; to provide for exemptions from taxation; to provide for audits and periodic examinations; to provide for construction; to provide for all other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 36 of the Official Code of Georgia Annovated, relating to local government, is amended by adding at the end thereof a new Chapter 85 to read as follows: CHAPTER 85 36-85-1. As used in this chapter, the term:

Page 1497

(1) `Administrator' means any person who administers a group self-insurance fund other than the interlocal risk management agency. (2) `Commissioner' means the Commissioner of Insurance. (3) `County' means any county of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by local or general Act of the General Assembly and which carries out its functions on a county-wide basis or wholly within the unincorporated area of a county. The term shall also include any such body which is created or activated by a resolution or ordinance of the governing body of the county individually or jointly with other political subdivisions of the state. (4) `Governing authority' means the body which exercises the legislative functions of the municipality or county. (5) `Group self-insurance fund' or `fund' means a pool of public moneys established by an interlocal risk management agency from contributions of its members in order to pool the risk of public liability, motor vehicle liability, property damage, or any combination of such risks. (6) `Interlocal risk management agency' or `agency' means an association formed by municipalities or counties by the execution of an intergovernmental contract for the development and administration of an interlocal risk management program and one or more group self-insurance funds. (7) `Interlocal risk management program' means a plan and activities carried out under such plan by an interlocal risk management agency to reduce risk of loss on account of public liability, motor vehicle liability, or property damage, including safety engineering and other loss prevention and control techniques, and to administer one or more group self-insurance funds, including the

Page 1498

processing and defense of claims brought against members of the agency. (8) `Motor vehicle liability' means liability to which a municipality or county may be subject either directly or by reason of liability arising out of the use of a motor vehicle by its employee, agent, or officer in the course and scope of employment. (9) `Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the governing body of the municipality individually or jointly with other political subdivisions of the state. (10) `Property damage' means loss to which a municipality or county may be subject by reason of physical damage or destruction to real or personal property owned or leased by such municipality or county. (11) `Public liability' means liability for bodily injury, death, or damage to property owned by others to which a municipality or county may be subject either directly or by reason of liability arising out of an act of its employee, agent, or officer in the course and scope of employment. 36-85-2. (a) A group of municipalities or a group of counties may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any municipality or county may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may: (1) Pool its public liability risks in whole or in part with those of other municipalities or counties;

Page 1499

(2) Pool its motor vehicle liability risks in whole or in part with those of other municipaliteis or counties; (3) Pool its property damage risks in whole or in part with those of other municipalites or counties; or (4) Jointly purchase public liability, motor vehicle liability, or property damage insurance with other municipalities or counties participating in and belonging to the interlocal risk management agency, the participating municipalities or counties to be coinsured under a master policy or policies with the total premium apportioned among such participants. (b) For the purposes of this chapter, municipalities and counties shall be deemed to constitute separate clases, and no member of any one such class shall join with a member of another class for the purpose of creating an interlocal risk management agency. There shall be only one interlocal risk management agency established for each class; provided, however, if the Commissioner determines that there are special or unique circumstances or needs of a group of counties or municipaliteis which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner of Insurance. (c) all arrangements and agreements made under the authority of this chapter shall be in writing. A municipality or county may become a member of an interlocal risk management agency by the adoption of a resolution or ordinance by the governing authority of the municipality or county. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creating such agency and shall have the power to bring and defend actions in all courts. (d) All books, records, and files maintained by any administrator of any fund established by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the

Page 1500

agency and shall be surrendered immediately to the agency upon demand. 36-85-3. Each intergovernmental contract establishing an intergovernmental risk management agency shall provide for a board of trustees which shall govern the agency. Such board shall be authorized to administer the agency in accordance with the provisions of the intergovernmental contract establishing the agency and shall be authorized to adopt such bylaws, rules, and regulations as may be necessary or desirable in administering such agency. 36-85-4. An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer. 36-85-5. (a) No interlocal risk management agency shall establish a group self-insurance fund or funds until such agency has been issued a certificate of authority by the Commissioner of Insurance as provided in this Code section and under such rules and regulations as the Commissioner may promulgate to assure compliance with this chapter. (b) The Commissioner shall not be authorized to issue any certificate of authority pursuant to this Code section prior to April 30, 1987. Any application for a certificate of authority pursuant to this Code section which is filed prior to March 1, 1987, shall be updated by the applicant in order to comply with any statute, rule, or regulation which may be promulgated or enacted prior to the issuance of the certificate of authority. (c) When applying for a certificate of authority, an interlocal risk management agency shall file with the Commissioner an application setting forth: (1) The name of the agency; (2) The location of the agency's principal office; (3) The names and addresses of the members of the agency;

Page 1501

(4) The names and addresses of the members of each fund; (5) The name and address of a Georgia resident designated and appointed as each fund's proposed registered agent for service of process in this state; (6) The names and addresses of the members of the board of trustees of the agency; (7) A copy of the bylaws of the agency; (8) A copy of the intergovernmental contract establishing the agency; (9) A copy of the agreement or agreements establishing each fund; (10) A copy of any agreements between the agency, any fund of the agency, and any administrator of a fund; (11) A statement of the financial condition of the agency and each fund of the agency listing all of their assets and liabilities as of the end of the last preceding month prior to the date of the application on such a form as may be prescribed by the Commissioner; (12) A copy of each contract, endorsement, and application form proposed to be issued or used in connection with each fund. Such contracts, endorsements, applications, or revisions thereto shall be filed with and approved by the Commissioner prior to their use; and (13) A copy of the rates, rating systems, and rules proposed to be used in connection with each fund. Such rates, rating systems, rules, and any revisions thereto shall be filed with and approved by the Commissioner prior to their use. (d) A fund authorized by this chapter may be established by an agency only if the agency has enrolled members which: (1) For each motor vehicle liability and public liability fund shall generate an annual gross premium of not less than $300,000.00;

Page 1502

(2) For each property damage fund shall generate an annual gross premium of not less than $200,000.00; (3) For each fund which includes motor vehicle liability or public liability with property damage shall generate an annual gross premium of not less than $500,000.00; or (4) For each fund which includes motor vehicle liability, public liability, and property damage shall generate an annual gross premium of not less than $800,000.00. 36-85-6. (a) The Commissioner shall examine the application made under Code Section 36-85-5 to determine whether the agency and any established fund will be able to comply with this chapter and applicable rules and regulations. If the Commissioner finds that the agency and any established fund are capable of complying with such requirements, he shall issue a certificate of authority to the agency. (b) If the Commissioner refuses to issue a certificate of authority, he shall issue an order setting forth the reasons for refusal and forward it to the agency. A copy of the order shall be sent to each member of the fund. (c) Except as otherwise provided in subsection (b) of Code Section 36-85-5, the Commissioner shall approve or disapprove the application for a certificate of authority within 60 days of receipt by him of the application and all of the supporting information requested. (d) The Commissioner may refuse to issue or renew or may suspend or revoke the certificate of authority of any agency, in accordance with Code Section 36-85-12, for failure of the agency to comply with any provision of this chapter or with any of the rules, regulations, or orders of the Commissioner issued pursuant thereto. (e) The certificate shall be renewed annually in accordance with rules and regulations promulgated by the Commissioner. 36-85-7. Each fund formed pursuant to this chapter shall possess and thereafter maintain minimum surplus in

Page 1503

an amount such as the Commissioner may reasonably establish or subsequently require for the protection of the members. The Commissioner may authorize a fund to maintain a deposit with the Commissioner consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 or, for a period not to exceed 60 months, to post a surety bond in lieu of maintaining the minimum surplus required by this Code section. 36-85-8. The investable assets of a fund may be invested in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commissioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. 36-85-9. Each county or municipality shall be jointly and severally liable for all legal obligations of a fund which arise out of an event which occurred while such county or municipality was a member of such fund; provided, however, that a fund shall not assume a risk greater than an amount to be determined by the Commissioner; and provided, further, that this legal obligation may be enforced by an assessment against such member as provided in the bylaws of the agency. 36-85-10. (a) If an agency contracts with an administrator, the agency and the administrator must enter into a written agreement which shall be subject to review and approval by the Commissioner in accordance with this Code section and which shall contain at least the following: (1) A contractual provision obligating the administrator to obtain and maintain such bonds, deposits, or insurance coverage as may be required to be maintained by this chapter; and (2) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and

Page 1504

regulations of the Commissioner be maintained at all times by the administrator. (b) The terms of any such agreement shall be reasonable and equitable, and the agreement and any amendments thereto shall be filed with the Commissioner at least 30 days prior to their use. Any such agreement and any and all amendments thereto which have not been specifically disapproved by the Commissioner within 30 days after the filing thereof shall be deemed to be approved. (c) A copy of the agreement and any and all amendments thereto shall be furnished to each agency or fund member upon request. 36-85-11. (a) The Commissioner shall require each administrator to have and maintain a fidelity bond in an amount which the Commissioner deems appropriate but which is not less than $100,000.00. (b) Errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regulations of the Commissioner shall be maintained at all times by an administrator of a fund; and a certificate by the insurer or other appropriate evidence of such coverage shall be filed with the Commissioner by the fund. (c) Each administrator shall maintain an office in this state for the payment, processing, and adjustment of the claims of the fund or funds which it represents. 36-85-12. (a) The Commissioner may revoke, suspend, or refuse to issue or renew the certificate of authority of any agency when and if, after investigation, he finds that: (1) Any certificate of authority issued to the agency was obtained by fraud; (2) There was any material misrepresentation in the application for the certificate of authority; (3) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative

Page 1505

has otherwise shown itself to be untrustworthy or incompetent; (4) The agency, any fund established by the agency, the administrator of a fund, or any marketing representative has violated any of the provisions of this chapter or the rules and regulations of the Commissioner promulgated pursuant to this chapter; (5) The agency, any fund established by the agency, or the administrator of a fund has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys which belong to a member or a person otherwise entitled thereto and which have been entrusted to the agency, fund, or administrator in its fiduciary capacities; or (6) The agency or any fund established by the agency is found to be in an unsound condition or in such condition as to render its future transaction of business in this state hazardous to its members. (b) Before the Commissioner shall revoke, suspend, or refuse to issue or renew the certificate of authority of any agency, he shall give the agency an opportunity to be fully heard and to introduce evidence in its behalf. In lieu of revoking, suspending, or refusing to issue or renew the certificate of authority of any agency for any of the causes enumerated in this Code section, after hearing as provided in this Code section, the Commissioner may place the fund and its administrator on probation for a period of time not to exceed one year when, in his judgment, he finds that the public interest and the interests of the fund's members would not be harmed by the continued operation of the fund. At any hearing provided for by this Code section, the Commissioner or his designee shall have authority to administer oaths to witnesses. Any witness testifying falsely after taking an oath commits the offense of perjury. (c) No fund shall be voluntarily dissolved or otherwise voluntarily cease to function unless: (1) Written approval is first obtained from the Commissioner; and

Page 1506

(2) The Commissioner determines that all claims and other legal obligations of the fund have been paid or that adequate provisions for such payment have been made. 36-85-13. Interlocal risk management agencies and funds established by such agencies shall be exempt from state and local taxes and fees. 36-85-14. The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33. 36-85-15. (a) If the assets of a fund are at any time insufficient to enable a fund to discharge its legal liabilities and other obligations and to maintain the reserves and surplus required of it under this chapter, the agency shall forthwith make up the deficiency or levy an assessment upon the members of the fund for the amount needed to make up the deficiency. (b) If the agency fails to make up the deficiency or to make the required assessment of the fund members within 30 days after the Commissioner orders it to do so or if the deficiency is not fully made up within 60 days after the date on which any such assessment is made or within such longer period of time as may be specified by the Commissioner, the fund shall be deemed to be insolvent and shall be proceeded against in the same manner as are domestic insurers under Chapter 37 of Title 33; and the Commissioner shall have the same powers and limitations in such proceedings as are provided under that chapter, except as otherwise provided for in this chapter. (c) If the liquidation of a fund is ordered, an assessment shall be levied upon its members for such an amount as the Commissioner determines to be necessary to discharge all liabilities of the fund, including the reasonable costs of liquidation. 36-85-16. The Commissioner shall have authority to promulgate rules and regulations to effectuate the provisions of this chapter.

Page 1507

36-85-17. Any party which is aggrieved by any act, determination, order, or any other action of the Commissioner taken pursuant to this chapter may request a hearing before the Commissioner or otherwise proceed in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 36-85-18. An interlocal risk management agency shall maintain at all times a contract or contracts of specific excess insurance and aggregate excess insurance in amounts which shall be determined by the Commissioner. 36-85-19. Each fund established under this chapter shall have an annual audit of its books and accounts performed by a certified public accountant. Such audit shall be conducted in accordance with generally accepted accounting principles. A copy of such audit shall be made available to fund members. 36-85-20. The exercise by a municipality or county of the authority provided in this chapter shall not constitute the provision of liability insurance protection under Article I, Section II, Paragraph IX of the Constitution of the State of Georgia. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1508

NUISANCESREPAIR, CLOSING, OR DEMOLITION OF BUILDINGS AND STRUCTURES BY MUNICIPALITIES; POPULATION RESTRICTIONS REPEALED; COMPLAINTS AND ORDERS. Code Sections 41-2-7, 41-2-8, and 41-2-12 Amended. No. 1647 (Senate Bill No. 377). AN ACT To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, so as to change certain restrictions on applicability of certain provisions relating to the repair, closing, or demolition of certain buildings and structures; to provide for legislative findings; to provide for applicability; to provide for definitions; to provide for the filing of certain complaints or orders; to provide for notice of certain liens; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to abatement of nuisances generally, is amended by striking Code Section 41-2-7, relating to the power of certain municipalities to repair, close, or demolish certain buildings or structures, and inserting in its place a new Code Section 41-2-7 to read as follows: 41-2-7. (a) It is found and declared that in the municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and are inimical to the welfare and are dangerous and injurious to the health, safety, and welfare of the people of this state; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures. Whenever the governing authority of any municipality of this state finds that there exist in such municipality dwellings, buildings, or structures which

Page 1509

are unfit for human habitation or for commercial, industrial, or business uses due to dilapidation and defects increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light, or sanitary facilities; or other conditions rendering such dwellings, buildings, or structures unsafe or unsanitary, or dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of such municipality, power is conferred upon such municipality to exercise its police power to repair, close, or demolish the aforesaid dwellings, buildings, or structures in the manner provided in this Code section and Code Sections 41-2-8 through 41-2-17. (b) All the provisions of this Code section and Code Sections 41-2-8 through 41-2-17 including method and procedure may also be applied to private property where an accumulation of weeds, trash, junk, filth, and other unsanitary or unsafe conditions, shall create a public health hazard or a general nuisance to those persons residing in the vicinity. A finding by any governmental health department, health officer, or building inspector that such property is a health or safety hazard shall constitute prima-facie evidence that said property is in violation of this Code section and Code Sections 41-2-8 through 41-2-17. Section 2 . Said chapter is further amended by striking Code Section 41-2-8, relating to definitions regarding the repairing, closing, or demolishing of certain buildings or structures, and inserting in its place a new Code Section 41-2-8 to read as follows: 41-2-8. As used in Code Sections 41-2-7 through 41-2-17, the term: (1) `Closing' means securing and causing a dwelling, building, or structure to be vacated. (2) `Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation, commercial, industrial, or business uses, or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design.

Page 1510

(3) `Governing body' means the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (4) `Municipality' means any incorporated city within this state. (5) `Owner' means the holder of the title in fee simple and every mortgagee of record. (6) `Parties in interest' means persons in possession of said property and all individuals, associations, and corporations who have interest of record in the county where the property is located in a dwelling, building, or structure, including executors, administrators, guardians, and trustees. (7) `Public authority' means any housing authority or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the municipality. (8) `Public officer' means the officer or officers who are authorized by Code Sections 41-2-7 through 41-2-17 and by ordinances adopted under Code Sections 41-2-7 through 41-2-17 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (9) `Repair' means closing a dwelling, building, or structure or the cleaning or removal of debris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. Section 3 . Said chapter is further amended by striking Code Section 41-2-12, relating to service of certain complaints or orders, and inserting in its place a new Code Section 41-2-12 to read as follows: 41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections

Page 1511

41-2-7 through 41-2-17 shall, in all cases, be served upon each person in possession of said property, each owner, and each party in interest; and the return of service signed by the public officer or his agent or an affidavit of service executed by any citizen of this state, reciting that a copy of such complaint or orders was served upon each person in possession of said property, each owner, and each party in interest personally or by leaving such copy at the place of his residence, shall be sufficient evidence as to the service of such person in possession, owner, and party in interest. (b) If any of the owners and parties in interest shall reside out of the municipality, service shall be perfected by causing a copy of such complaint or orders to be served upon such party or parties by the sheriff or any lawful deputy of the county of the residence of such party or parties or such service may be made by any citizen; and the return of such sheriff or lawful deputy or the affidavit of such citizen, that such party or parties were served either personally or by leaving a copy of the complaint or orders at the residence, shall be conclusive as to such service. (c) Nonresidents of this state shall be served by publishing the same once each week for two successive weeks in a newspaper printed and published in the municipality or, in the absence of such newspaper, in one printed and published in the county and circulated in the municipality in which the dwellings, buildings, or structures are located. A copy of such complaint or orders shall be posted in a conspicuous place on premises affected by the complaint or orders. Where the address of such nonresidents is known, a copy of such complaint or orders shall be mailed to them by registered or certified mail. (d) In the event either the owner or any party in interest is a minor or an insane person or person laboring under disabilities, the guardian or other personal representative of such person shall be served and if such guardian or personal representative resides outside the municipality or is a nonresident, he shall be served as hereinbefore provided in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives

Page 1512

outside of the municipality or is a nonresident, service shall be perfected by serving such minor or insane person personally or by leaving a copy at the place of his residence which shall be sufficient evidence as to the service of such person or persons; in the case of other persons who live outside of the municipality or are nonresidents, service shall be perfected by serving the judge of the probate court of the county wherein such property is located who shall stand in the place of and protect the rights of such minor or insane person or appoint a guardian ad litem for such person. (e) In the event the whereabouts of any owner or party in interest is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence and the public officer shall make an affidavit to that effect, then the service of such complaint or order upon such persons shall be made in the same manner as provided in subsection (c) of this Code section or service may be perfected upon any person, firm, or corporation holding itself out as an agent for the property involved. (f) A copy of such complaint or orders shall also be filed in the proper office or offices for the filing of lis pendens notice in the county in which the dwelling, building, or structure is located and such filing of the complaint or orders shall have the same force and effect as other lis pendens notices provided by law. Any such complaint or orders or an appropriate lis pendens notice may contain a statement to the effect that a lien may arise against the described property and that an itemized statement of such lien is maintained on a lien docket maintained by the clerk of the governing body of the municipality. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1513

HEALTHDEAD BODIES; NOTICES OF INFECTIOUS OR COMMUNICABLE DISEASES REQUIRED; PROCEDURES; CONFIDENTIALITY. Code Section 31-21-3 Enacted. No. 1648 (Senate Bill No. 387). AN ACT To amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to require certain notification to persons who handle the disposition of dead bodies in cases where a dead person had been diagnosed as having an infectious or communicable disease at the time of death; to define a certain term; to provide procedures; to provide for the confidential and privileged nature of information in such notifications and restrict the disclosure thereof subject to certain exceptions; to provide for immunity from liability; to provide a penalty; 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 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, is amended by adding at the end thereof a new Code Section 31-21-3 to read as follows: 31-21-3. (a) For the purposes of this Code section, the term `infectious or communicable disease' shall include the following: (1) Infectious hepatitis; (2) Tuberculosis; (3) Any venereal disease enumerated in Code Section 31-17-1; or (4) Acquired immune deficiency syndrome (AIDS).

Page 1514

(b) (1) When a person who has been diagnosed as having an infectious or communicable disease dies in a hospital or other health care facility, the attending physician shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition. (2) When a person dies outside of a hospital or health care facility and without an attending physician, any family member or person making arrangements for the disposition of the dead body who knows that such dead person had been diagnosed as having an infectious or communicable disease at the time of death shall prepare a written notification describing such disease to accompany the body when it is picked up for disposition. (3) Any person who picks up a dead body for disposition and who has been notified that the person had been diagnosed as having an infectious or communicable disease at the time of death pursuant to the provisions of paragraph (1) or (2) of this subsection shall present such notification accompanying the dead body to any embalmer, funeral director, or other person taking possession of the dead body. (c) Information regarding a deceased's infectious or communicable disease and contained in a notification required to be prepared pursuant to subsection (b) of this Code section shall be privileged and confidential and may only be disclosed if: (1) That disclosure is required pursuant to Chapter 17 of this title; (2) That disclosure is required by federal law, but only to the extent so required; (3) That disclosure is made by a physician pursuant to Code Section 24-9-40 or any other law authorizing a physician to disclose otherwise privileged information; (4) That disclosure is for research purposes and does not reveal:

Page 1515

(A) The identity of the deceased; or (B) Information which would reveal the identity of the deceased; (5) That disclosure involves information regarding sexual assault or sexual exploitation of a deceased child and is required to be reported pursuant to Code Section 19-7-5 or any other law requiring the reporting of such assault or exploitation of a child, but only to the extent that such disclosure is so required to be reported. (6) That disclosure involves information regarding a deceased minor and the disclosure is made to the parent or guardian of that minor; or (7) That disclosure is made to the person who picks up the dead body or is made in the ordinary course of business to any employee or agent of any person or entity authorized or required under this Code section to receive or report that information. (d) Information privileged and confidential under this Code section may not be disclosed pursuant to discovery proceedings, subpoena, or court order. (e) Any disclosure authorized by this Code section or any unauthorized disclosure of information or communications made privileged and confidential by this Code section shall not in any way abridge or destroy the confidential or privileged character thereof except for the purposes for which any authorized disclosure is made. Any person making a disclosure authorized by this chapter shall not be liable therefor, notwithstanding any contrary provisions of law. (f) Any person having duties imposed upon that person pursuant to subsection (b) of this Code section who knowingly refuses or omits to perform such duties shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1516

DOMESTIC RELATIONSGRANDPARENTS; VISITATION RIGHTS IN CHILD CUSTODY PROCEEDINGS; ADOPTION; NOTICES TO GRANDPARENTS WITH VISITATION RIGHTS; OBJECTIONS. Code Sections 19-7-3, 19-8-8, and 19-8-10 Amended. No. 1649 (Senate Bill No. 395). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that a grandparent shall have the right to file an original pleading requesting visitation rights when custody of a minor child has been granted under any action, except an adoption where legal relationships between the adopted child and the adopted child's relatives have been terminated; to provide that in certain adoption proceedings a copy of the petition for adoption shall be served upon the grandparent with visitation rights; to provide that in certain adoption proceedings a grandparent with visitation rights shall have the privilege to file objections to the petition for adoption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety subsection (c) of Code Section 19-7-3, relating to visitation rights of grandparents in guardianship and custody actions involving minor children, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Whenever any court in this state shall have before it any question concerning the custody of any minor child or whenever the parents of the minor child have been divorced or are engaged in legal proceedings to obtain a divorce, any grandparent of the child may be granted reasonable visitation rights upon proof of special circumstances which make such visitation rights necessary to the best interests of the child. There shall be no presumption in favor

Page 1517

of visitation by any grandparent; and the court shall have discretion to deny such visitation rights. Any grandparent shall have the right to intervene and petition for visitation rights in any action involving the custody of any minor child or in any divorce action. If the parents of the minor child have been divorced or if custody of the minor child has been granted in any other action, except an adoption in which all legal relationships between the adopted child and the adopted child's relatives have been terminated as provided in Code Section 19-8-14, a parent of either parent of the minor child shall have the right to file an original pleading requesting visitation rights, but not more than once during any two-year period and not during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian or guardian of the person of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. Section 2 . Said title is further amended by adding at the end of Code Section 19-8-8, relating to the filing and contents of a petition for adoption, a new subsection (f) to read as follows: (f) Whenever a petitioner is a grandparent or blood relative of the child to be adopted and another grandparent has visitation rights to the child granted pursuant to the provisions of Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the grandparent with visitation rights or upon such person's counsel of record. Section 3 . Said title is further amended by striking Code Section 19-8-10 in its entirety and inserting in lieu thereof a new Code Section 19-8-10 to read as follows: 19-8-10. If the child sought to be adopted has no father or mother living, it shall be the privilege of any person related by blood to the child to file objections to the petition for adoption. A grandparent with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither

Page 1518

parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not the same constitute a good reason for denying the petition. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. PUBLIC SERVICE COMMISSIONMOTOR COMMON CARRIERS AND MOTOR CONTRACT CARRIERS; EXEMPTION FROM REQUIREMENT OF APPROVAL OF ISSUANCE OF STOCKS, BONDS, OR OTHER EVIDENCES OF DEBT. Code Section 46-2-28 Amended. No. 1650 (Senate Bill No. 496). AN ACT To amend Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, so as to exempt certain companies from the provisions of that Code section; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 46-2-28 of the Official Code of Georgia Annotated, relating to Public Service Commission approval of certain debt of companies over which the commission has jurisdiction, is amended by adding at the end a new subsection to read as follows:

Page 1519

(f) Notwithstanding any other provision of this Code section, motor common carriers and motor contract carriers regulated under Chapter 7 of this title shall be exempt from the provisions of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. HOSPITAL EQUIPMENT FINANCING AUTHORITYDEFINITIONS; ADMINISTRATION; STAFF; POWERS; BONDS. Code Sections 31-7-192, 31-7-193, 31-7-194, and 31-7-197 Amended. No. 1651 (Senate Bill No. 532). AN ACT To amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the Hospital Equipment Financing Authority Act, so as to change certain definitions; to change the provisions relating to the administration of the authority; to change the provisions relating to staff of the authority and the duties of such staff; to change the provisions relating to the powers of the authority; to provide for investment of moneys of the authority, including proceeds from the sale of bonds and moneys held in reserve funds; to change the provisions relating to issuance of bonds by the authority; to change certain provisions relating to liability for bonds and the accrued interest thereon; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1520

Section 1 . Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, known as the Hospital Equipment Financing Authority Act, is amended by striking Code Section 31-7-192 in its entirety and inserting in lieu thereof a new Code Section 31-7-192 to read as follows: 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. (2) `Bond,' `bonds,' or `revenue bonds' means revenue bonds, refunding 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

Page 1521

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 (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 nonprofit 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

Page 1522

a nonprofit 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. Section 2 . Said article is further amended by striking in their entirety subsections (h) and (i) of Code Section 31-7-193, relating to the creation of the Hospital Equipment Financing Authority, and inserting in lieu thereof new subsections (h) and (i) to read as follows: (h) The authority may contract with one or more entities or persons to provide an administrative staff and clerical services and to assist in the management of 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 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 any such entity. (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 another person to be responsible for carrying out the duties set out in this subsection and in subsection (h) of this Code section. Section 3 . Said article is further amended by striking in their entirety paragraphs (24) and (25) of subsection (a) of Code

Page 1523

Section 31-7-194, relating to the powers of the authority, and inserting in lieu thereof new paragraphs (24), (25), and (26) to read as follows: (24) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (25) To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority; and (26) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state, or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, Federal Intermediate Credit Bank, and Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;

Page 1524

(E) Certificates of deposit of national or state banks located within the state which have deposits insured by the Federal Deposit Insurance Corporation or the Georgia Deposit Insurance Corporation, and certificates of deposit of federal savings and loan associations and state building and loan associations located within the state which have deposits insured by the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the Georgia Deposit Insurance Corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, the Federal Home Loan Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess: (i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; and (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements

Page 1525

with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys. Section 4 . Said article is further amended by striking in its entirety subsection (b) of Code Section 31-7-197, relating to issuance of bonds by the authority, and inserting in lieu thereof a new subsection (b) to read as follows: (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, bear interest at different rates, and mature at different dates within a series, bear interest at one or more variable or fixed rates within a series and may be converted from such variable rate or rates to a fixed rate or rates, or may be converted from such fixed rate or rates to a variable rate or rates from time to time, 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. Section 5 . Said article is further amended by striking in its entirety subsection (f) of Code Section 31-7-197, relating to the issuance of bonds by the authority, and inserting in lieu thereof a new subsection (f) to read as follows:

Page 1526

(f) Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if such payment is duly provided for or made. Section 6 . Notwithstanding any other provision to the contrary, any bonds issued by this Authority shall require the approval of the Georgia State Financing and Investment Commission as provided in Article 2 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. MOUNTAIN JUDICIAL CIRCUITTERMS OF COURT. Code Section 15-6-3 Amended. No. 1652 (Senate Bill No. 539). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms for superior courts, so as to change the terms for the superior courts of the Mountain 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 for superior courts, is amended by striking in its entirety paragraph (25) of said Code section and inserting in its place a new paragraph (25) to read as follows: (25) Mountain Circuit:

Page 1527

(A) Habersham CountyJanuary 1 and July 1. (B) Rabun CountyJanuary 1 and July 1. (C) Stephens CountyJanuary 1 and July 1. (D) Towns CountyJanuary 1 and July 1. (E) Union CountyJanuary 1 and July 1. Section 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGISLATION. Notice is hereby given that there will be legislation introduced at the 1986 Session of the Georgia General Assembly to change the terms of the Superior Courts of the Mountain Judicial Circuit of Georgia. (Jan.24B) Georgia, Towns County. AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West who being first duly sworn, deposes and says: that he is Publisher engaged in the publication of a newspaper known as The Towns County Herald, published, issued, and entered as second class mail in the City of Hiawassee, in said County and State; that.....he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The Towns County Herald on the following dates January 23, 1986 and received the sum ofto publish said advertisement, being Notice of Intent to INtroduce Legislation This 23rd day of January, 1986 /s/ Wanda R. West

Page 1528

Sworn to and subscribed before me, this 23rd day of January, 1986. /s/ Gerald Kenneth West Notary Public. My Commission Expires: February 9, 1986. (Seal). NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be legislation introduced at the 1986 Session of the Georgia General Assembly to change the terms of the Superior Courts of the Mountain Judicial Circuit of Georgia. (Jan.23B) Georgia, Union County. AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Wanda R. West who being first duly sworn, deposes and says: that he is Publisher engaged in the publication of a newspaper known as North Georgia News, published, issued, and entered as second class mail in the City of Blairsville, in said County and State; that.....he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in The North Georgia News on the following dates January 23, 1986 and received the sum ofto publish said advertisement, being Notice of INtent to Introduce Legislation This 23rd day of January, 1986 /s/ Wanda R. West Sworn to and subscribed before me, this 23rd day of January, 1986. /s/ Gerald Kenneth West Notary Public. My Commission Expires: February 9, 1986. (Seal).

Page 1529

NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be legislation introduced at the 1986 Session of the Georgia General Assembly to change the terms of the Superior Courts of the Mountain Judicial Circuit of Georgia. Jack N. Gunter Chief Judge Mountain Judicial Circuit Superior Courts 1c-1-23 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following date: January 23, 1986. John C. Foster Senator, 50th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be legislation introduced at the 1986 Session of the Georgia General Assembly to change the terms of the Superior Courts of the Mountain Judicial Circuit of Georgia. 1/23 C

Page 1530

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following date: January 23, 1986. John C. Foster Senator, 50th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. NOTICE OF INTENT TO INTRODUCE LEGISLATION Notice is hereby given that there will be legislation introduced at the 1986 Session of the Georgia General Assembly to change the terms of the Superior Courts of the Mountain Judicial Circuit of Georgia. Jack N. Gunter, Chief Judge Mountain Judicial Circuit Superior Courts c04 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Foster, who, on oath, deposes and says that he is Senator from the 50th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Toccoa Record which

Page 1531

is the official organ of Stephens County, on the following date: January 23, 1986. John C. Foster Senator, 50th District Sworn to and subscribed before me, this 10th day of February, 1986. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 11, 1988. Approved April 11, 1986. TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE FOR CERTAIN PRIOR TEACHING SERVICE. Code Section 47-3-84.1 Enacted. No. 1653 (House Bill No. 67). AN ACT To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to authorize certain former teachers who are not current beneficiaries to establish certain prior teaching service as creditable service and to retire on the basis of such creditable service and prior membership service for which employee contributions have not been withdrawn or on the basis of only such prior membership service; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1532

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, is amended by adding between Code Sections 47-3-84 and 47-3-85 a new Code Section 47-3-84.1 to read as follows: 47-3-84.1. (a) Any former member of the retirement system who is not a beneficiary of the retirement system on July 1, 1986, who completed at least ten consecutive years of membership service during a period beginning not earlier than January 1, 1954, and ending not later than January 1, 1966, who has not withdrawn from the retirement system employee contributions which were made during such consecutive years of membership service, and who is at least 60 years of age as of July 1, 1986, shall have the right to: (1) Obtain credit for service rendered at any time prior to January 1, 1954, as a teacher in Georgia public school systems upon providing verification of such teaching service to the board of trustees and upon paying to the board of trustees employee and employer contributions plus applicable accrued regular interest for such prior teaching service based on compensation actually received for such prior teaching service; (2) Obtain credit for up to five years of service rendered at any time prior to January 1, 1945, for teaching in public school systems of other states upon providing verification of such out-of-state teaching service to the board of trustees and upon paying to the board of trustees employee and employer contributions plus applicable accrued regular interest for such service based on compensation actually received for such out-of-state teaching service, provided such former member is not entitled to receive any pension or annuity from any other state or from any political subdivision of this or any other state based on such service; and (3) Apply to the board of trustees at any time between July 1, 1986, and January 1, 1987, to obtain any

Page 1533

portion or all eligible creditable service provided for by paragraph (1) or (2) or paragraphs (1) and (2) of this subsection and to receive a retirement benefit based on the combined total of creditable service so obtained plus the years of membership service for which employee contributions have not been withdrawn; or (4) Apply to the board of trustees at any time between July 1, 1986, and January 1, 1987, to reestablish active membership in the retirement system only for the purpose of retiring on the basis of membership service for which employee contributions have not been withdrawn without the necessity of the payment of any additional employee contributions. (b) The board of trustees shall begin making retirement benefit payments to a former member of the retirement system who qualifies therefor pursuant to subsection (a) of this Code section on the first day of the month within 30 days after such former member so qualifies. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1534

CHIROPRACTORSSCOPE OF PRACTICE; STANDARD OF CARE; TORTS. Code Section 43-9-16 Amended. No. 1654 (House Bill No. 156). AN ACT To amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to change the scope of practice of chiropractic and provide for torts and a standard of care; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 43-9-16 to read as follows: 43-9-16. (a) Chiropractors who have complied with this chapter shall have the right to adjust patients according to specific chiropractic methods. Chiropractors shall observe public health regulations. (b) The chiropractic adjustment of the articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modalities which induce heat or electrical current beneath the skin, including therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation.

Page 1535

(c) Chiropractors who have complied with this chapter may utilize those electric therapeutic modalities described in 43-9-16 (b), provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those producers in accordance with the guidelines set forth by the Council on Chiropractic Education or its successor and is qualified and so certified in that proper utilization. (d) Chiropractors who have complied with this chapter shall have the right to sign health certificates, reporting to the proper health officers the same as other practitioners. (e) Chiropractors shall not prescribe or administer medicine to patients, perform surgery, or practice obstetrics or osteopathy. (f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics. (g) A person professing to practice chiropractic for compensation must bring to the exercise of that person's profession a reasonable degree of care and skill. Any injury resulting from a want of such care and skill shall be a tort for which a recovery may be had. If a chiropractor performs upon a patient any act authorized to be so performed under this chapter but which act also constitutes a standard procedure of the practice of medicine, including but not limited to the use of modalities such as those described in subsection (b) of this Code section and X-rays, under similar circumstances the chiropractor shall be held to the same standard of care as would licensed doctors of medicine who are qualified to and who actually perform those acts under similar conditions and like circumstances. (h) A licensed practitioner of chiropractic may use only the title `chiropractor,' or `doctor of chiropractic,' or `D.C.'

Page 1536

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; ABSENCE BECAUSE OF PREGNANCY. Code Section 47-3-90 Enacted. No. 1655 (House Bill No. 186). AN ACT To amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, so as to authorize certain teachers to obtain creditable service for certain periods of absence from employment because of pregnancy; to provide for limitations and requirements relative thereto; 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 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-90 to read as follows: 47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a

Page 1537

capacity specified by subsection (a) of Code Section 20-2-850 may, subject to the limitations of subsection (b) and the requirements of subsection (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of pregnancy. (b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months. (c) A member who desires to establish creditable service under this Code section must: (1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board an amount determined by the board to be sufficient to cover the full actuarial cost of granting the creditable service claimed by the member. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1538

ELECTIONSINCUMBENCY OF CANDIDATES; INDICATION ON BALLOTS. Code Sections 21-2-285, 21-2-325, 21-2-540, 21-3-186, 21-3-187, 21-3-225, and 21-3-324 Amended. No. 1656 (House Bill No. 379). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the incumbency of a candidate seeking election for the public office he then holds shall be indicated on ballots and ballot labels in elections generally, special elections, municipal elections, nonpartisan municipal primaries, and special elections in municipalities; 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 subsection (c) of Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the

Page 1539

totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically, according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading `Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check ([UNK]) mark. Section 2 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-325, relating to the form of ballots labels generally, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels. Section 3 . Said title is further amended by striking Code Section 21-2-540 in its entirety and inserting in lieu thereof a new Code Section 21-2-540 to read as follows:

Page 1540

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 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. 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 name placed in a column under the name of his party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. Section 4 . Said title is further amended by adding at the end of Code Section 21-3-186, relating to the form of the official nonpartisan primary ballot used in municipal primaries, a new paragraph (3) to read as follows: (3) The incumbency of a candidate seeking election for the public office he then holds shall be indicated on the ballot. Section 5 . Said title is further amended by striking in its entirety subsection (c) of Code Section 21-3-187, relating to the form of the official election ballot in municipal elections, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot; and the names of the candidates shall in all cases

Page 1541

be arranged under the titles of the respective offices they are seeking. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. The names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidates for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name, to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically, according to the body name, to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading `Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a sufficient blank column for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be square of sufficient size for the convenient insertion of a cross (X) or check ([UNK]) mark. Section 6 . Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3-225, relating to the form of ballot labels generally used in municipal elections and primaries, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or opposite the title of the office. The incumbency of a candidate seeking election for the public

Page 1542

office he or she then holds shall be indicated on the ballot labels. Section 7 . Said title is further amended by striking Code Section 21-3-324 in its entirety and inserting in lieu thereof a new Code Section 21-3-324 to read as follows: 21-3-324. Every special election for the purpose of electing municipal officials or on a question, to be voted on by the electors of the municipality at large or by the electors of any political subdivision, 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 also apply to special elections, insofar as practicable and not inconsistent with any other provisions of this chapter. All such special elections shall be conducted by the poll officers, using the same equipment and facilities, so far as practicable, as are used for such general elections. 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 beside his name. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1543

RETIREMENT AND PENSIONSCERTIFIED PROFESSIONAL PERSONNEL OF THE STATE BOARD OF EDUCATION OR STATE DEPARTMENT OF EDUCATION; ELECTION OF MEMBERSHIP IN THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA OR THE TEACHERS RETIREMENT SYSTEM OF GEORGIA. Code Sections 47-2-1, 47-3-1, 47-3-60, and 47-3-81 Amended. No. 1657 (House Bill No. 391). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retirement System of Georgia; to provide that certain personnel who are members of the employees' retirement system may elect to become members of the teachers' retirement system; to change the provisions relating to the transfer of service credits and contributions from the employees' retirement system to the teachers' retirement system; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by adding between paragraph (16.1) and (17) of Code Section 47-2-1, relating to definitions under the Employees' Retirement System of Georgia, a new paragraph (16.2) to read as follows: (16.2) The word `employee' shall not include certified professional personnel who are in the unclassified service

Page 1544

of the State Merit System of Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who elect to become members of the Teachers Retirement System of Georgia pursuant to the authority of subsection (i) of Code Section 47-3-60. As used in this paragraph, the term `certified professional personnel' shall have the meaning provided for in paragraph (8.1) of Code Section 47-3-1. Section 2 . Said title is further amended by adding between subparagraph (F) and subparagraph (G) of paragraph (28) of Code Section 47-3-1, relating to definitions under the Teachers Retirement System of Georgia, a new subparagraph (F.1) to read as follows: (F.1) Certified professional personnel who are in the unclassified service of the State Merit System of Personnel Administration and who are employed by the State Board of Education or by the State Department of Education and who become members of this retirement system pursuant to the authority of subsection (i) of Code Section 47-3-60; Section 3 . Said title is further amended by adding at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, a new subsection (i) to read as follows: (i) (1) This subsection shall apply to certified professional personnel in the unclassified service of the State Merit System of Personnel Administration who are employed by the State Board of Education or the State Department of Education on July 1, 1986, and who are members of the Employees' Retirement System of Georgia and have at least five years of membership service in said retirement system as of July 1, 1986. (2) At any time from July 1, 1986, until not later than July 1, 1987, certified professional personnel described in paragraph (1) of this subsection are authorized to transfer service credits and membership, including employer and employee contributions, from the Employees'

Page 1545

Retirement System of Georgia to this retirement system. Any such personnel electing to transfer such service credits and membership to this retirement system shall be required to make additional contributions to this retirement system so that the annuity account balance of the transferring person shall be the same as though the transferring person had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees of this retirement system shall adjust the transferring person's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system. Any such personnel shall exercise the authority provided by this paragraph by written notification to the board of trustees of each of the retirement systems. (3) If any person who transfers to this retirement system pursuant to the authority of this subsection subsequently becomes employed in a position where membership in the Employees' Retirement System of Georgia is required, any creditable service obtained under this retirement system for teaching service in school systems of other states pursuant to Code Section 47-3-89 shall not be eligible for transfer as creditable service to the Employees' Retirement System of Georgia, notwithstanding the provisions of Code Section 47-2-92 or any other provision of Chapter 2 of this title, relating to the Employees' Retirement System of Georgia. Section 4 . Said title is further amended by striking Code Section 47-3-81, relating to the transfer of credits and contributions from the Employee's Retirement System of Georgia to the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new Code Section 47-3-81 to read as follows: 47-3-81. Any other provisions of law to the contrary notwithstanding, any member who has service credits with

Page 1546

the Employees' Retirement System of Georgia may have such service credits, including employer and employee contributions, transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the contributions transferred from the Employees' Retirement System of Georgia to this retirement system. Section 5 . This Act shall become effective on July 1, 1986. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1547

TEACHERS RETIREMENT SYSTEM OF GEORGIAREINSTATEMENT OF MEMBERSHIP. Code Section 47-3-60 Amended. No. 1658 (House Bill No. 416). AN ACT To amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to change the provisions relating to reinstatement of membership in the 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 . Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by striking paragraph (5) of subsection (e) in its entirety and substituting in lieu thereof a new paragraph (5) to read as follows: (5) Employment by an employer which operates a local retirement fund, unless the member has ten or more years of creditable service with this retirement system, in which case the member may elect to continue membership in this retirement system, subject to the same terms and conditions as other members. Section 2 . Said Code section is further amended by adding between subsections (e) and (f) a new subsection (e.1) to read as follows: (e.1) A member who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than four years but not more than five years may be reinstated to membership if the member pays a sum equal to 12 1/2 percent of the member's salary for the last year of service prior to the break in service. A member

Page 1548

who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than five years but not more than six years may be reinstated to membership if the member pays a sum equal to 25 percent of the member's salary for the last year of service prior to the break in service. A member who has not withdrawn the member's contributions to the retirement system may be reinstated to membership without paying the reinstatement fees after the member renders at least two consecutive years of membership service subsequent to the break in service. All interest credits shall cease after any such break in service but shall begin again on the date of payment of the sum required for reinstatement to membership or on the first day of July immediately following the completion of two consecutive years of membership service following the break in service. The board of trustees may approve the continued membership of a member while in the armed forces of the United States or other emergency wartime service of the United States, or a member whose membership would be terminated because of illness which prevents the member from rendering the service otherwise required by this Code section. The board of trustees may also grant an additional year of leave to a teacher for each child born to or adopted by such teacher while on authorized leave. Section 3 . This Act shall become effective on July 1, 1985. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1549

EDUCATIONSCHOOL SECURITY PERSONNEL; LAW ENFORCEMENT POWERS. Code Section 20-8-5 Amended. No. 1659 (House Bill No. 568). AN ACT To amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain counties, so as to remove certain population limitations and provide for applicability to school security personnel of county boards of education and independent boards of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to law enforcement powers of school security personnel in certain counties, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 20-8-5. (a) In each public school system in this state, school security personnel employed by the board of education of a county or an independent board of education of a municipality for the various public schools thereof who are certified pursuant to subsection (b) of this Code section and who are authorized by the board of education of that county or the independent board of education of that municipality shall have the same law enforcement powers on school property, including the power of arrest, as law enforcement officers of that respective county or municipality. (b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, school security personnel must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifications and having completed the basic training requirements for a peace officer under Chapter 8

Page 1550

of Title 35. The certification of school security personnel by the Georgia Peace Officer Standards and Training Council does not require that such security personnel exercise the powers provided in subsection (a) of this Code section. (c) The provisions of this Code section shall not prohibit a board of education of a county or an independent board of education of a municipality from employing school security personnel without law enforcement powers. (d) The provisions of this Code section shall not be construed to permit or require school security personnel to carry a firearm or weapon for the purpose of carrying out law enforcement duties. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAJUVENILE DETENTION FACILITIES; EMPLOYEE AND EMPLOYER CONTRIBUTIONS. Code Section 47-2-295 Amended. No. 1660 (House Bill No. 612). AN ACT To amend Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, so as to provide for transfers under stated conditions for a particular time period; to repeal conflicting laws; and for other purposes.

Page 1551

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-295 of the Official Code of Georgia Annotated, relating to transfers made to the Employees' Retirement System of Georgia from a county retirement system of employee and employer contributions made in connection with employment by a juvenile detention facility, is amended by adding at the end of said Code section a new subsection, to be designated subsection (d), to read as follows: (d) In addition to persons who become members of this retirement system pursuant to subsection (a) of this Code section, the provisions of this Code section shall also apply to any persons who become members after July 1, 1986, but before December 31, 1987, as a result of employment with a county juvenile detention facility, the employees of which facility have been acquired from a county by a state department and who were employees of such county immediately prior to becoming members of this retirement system in positions covered under such county's retirement or pension system. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1552

TEACHERS RETIREMENT SYSTEM OF GEORGIACREDIT FOR CERTAIN MILITARY SERVICE. Code Section 47-3-83 Amended. No. 1661 (House Bill No. 779). AN ACT To amend Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to allow credit for military service during any period when a military draft was in effect under certain conditions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-83 of the Official Code of Georgia Annotated, relating to creditable service for military service under the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) In addition to creditable service authorized by subsections (a) and (b) of this Code section, but subject to the limitations of subsection (c) of this Code section, a member who was on active duty in the armed forces of the United States during any period when a military draft was in effect and who was honorably discharged from military service may receive credit for such military service under the following conditions: (1) The total amount of creditable service for military service which may be received under all provisions of this Code section may not exceed five years;

Page 1553

(2) The member shall pay to the board of trustees the regular employee and employer contributions which would have been paid during the period for which creditable service is claimed based on the compensation of the member upon first becoming a teacher after the completion of the military service plus applicable accrued regular interest on such employee and employer contributions compounded annually to date of payment; and (3) No creditable service for military service may be obtained pursuant to the authority of this subsection if creditable service for the same military service has been or may be obtained under subsection (a) or (b) of this Code section. Section 2 . This Act shall become effective on July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. TRUSTSBENEFICIARIES OF TRUSTS QUALIFYING FOR FEDERAL ESTATE OR GIFT TAX MARITAL DEDUCTION; CONVERSION OF UNPRODUCTIVE OR NONINCOME-PRODUCING PROPERTY. Code Section 53-8-2 Amended. No. 1662 (House Bill No. 1149). AN ACT To amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions,

Page 1554

so as to include certain beneficiaries of certain additional marital deduction trusts among those who may require the conversion of trust property into productive or income-producing property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to investment standards for certain acquisitions, is amended by striking subsection (d) thereof and inserting in its place a new subsection (d) to read as follows: (d) Anything in this Code section or any other law of this state to the contrary notwithstanding, the income beneficiary of a trust designed to qualify for the federal estate or gift tax marital deduction under the Internal Revenue Code of 1954 or any subsequent statute of similar import shall have the right to direct the trustee of the trust to convert any unproductive or nonincome-producing property which is at any time acquired, invested in, or retained by the trustee into productive or income-producing property. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1555

DRUGSCONTROLLED SUBSTANCES; DEFINITIONS; SCHEDULES I, IV, AND V; DANGEROUS DRUG LIST; CUMULATIVE EFFECT OF THE GEORGIA DRUG AND COSMETIC ACT. Code Sections 16-13-21, 16-13-25, 16-13-28, 16-13-29, 16-13-71, and 26-3-22 Amended. No. 1663 (House Bill No. 1158). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change definitions; to change the listing of certain controlled substances and dangerous drugs; to amend Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the Georgia Drug and Cosmetic Act, so as to provide for the cumulative effect of said chapter with respect to certain federal regulations relating to practices involving drugs; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking paragraph (4) of Code Section 16-13-21, relating to definitions, in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I through V of 21 C.F.R. Part 1308. Section 2 . Said chapter is further amended by striking subparagraph (D) of paragraph (17) of Code Section 16-13-21, relating to definitions, in its entirety and inserting in lieu thereof a new subparagraph (D) to read as follows:

Page 1556

(D) Coca leaves and any salt, compound, derivative, steroisomers of cocaine, or preparation of coca leaves, and any salt, compound, steroisomers of cocaine, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. Section 3 . Said chapter is further amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following new subparagraphs: (AA) 1-methyl-4-phenyl-4-propionoxypiperidine; (BB) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine; (CC) 3-methylfentanyl; (DD) n-ethyl-3, 4-methylenedioxyamphetamine; Section 4 . Said chapter is further amended by striking paragraph (32) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, in its entirety and inserting in lieu thereof a new paragraph (32) to read as follows: (32) Triazolam. Section 5 . Said chapter is further amended by striking paragraph (2) of Code Section 16-13-29, relating to Schedule V controlled substances, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Buprenorphine. Section 6 . Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, defining dangerous drugs, the following new paragraphs:

Page 1557

(68.3) Auranofin; (95.1) Betaxolol; (153.01) Ceftazidine; (387.1) Flecainide acetate; (465.1) Imipenem/cilastatin; (490.1) Ioxaglate; (514.1) Leuprolide; (540.1) Maprotiline; (624.1) Monooctanoin; (740.1) Piroxicam; (831.1) Ranitidine; (881.1) Somatrem; (903.2) Sulconazole; (932.1) Terfenadine; (983.1) Trientine hydrochloride; Section 7 . Said chapter is further amended by striking paragraphs (8) and (22) of subsection (c) of Code Section 16-13-71, defining dangerous drugs, in their entirety and inserting in lieu thereof paragraphs (8) and (22), respectively, to read as follows: (8) Diphenhydramineup to 12.5 mg. in each 5 cc's when used in cough preparations and up to 50 mg. per single dose when used as a nighttime sleep aid or used as an antihistamine

Page 1558

and labeled in compliance with FDA requirements; (22) Reserved. Section 8 . Chapter 3 of Title 26 of the Official Code of Georgia Annotated, the Georgia Drug and Cosmetic Act, is amended by striking subsection (a) of Code Section 26-3-22, relating to the cumulative effect of said chapter with respect to other laws, and inserting in its place a new subsection (a) to read as follows: (a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Part 6 of Article 2 of Chapter 4 of this title, Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act,' Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Title 21 C.F.R. 210, the federal `current good manufacturing practices in manufacturing, processing, packing, or holding of drugs: general.' Section 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1559

SECURITIESSECURITIES DEALERS AND SALESMEN; SANCTIONS FOR MISCONDUCT; EXEMPTIONS FROM REGISTRATION REQUIREMENTS; CONFIDENTIAL RECORDS; SECURITIES MARKET INFORMATION; INTERSTATE INVESTIGATIONS; CIVIL LIABILITY; BURDEN OF PROOF. Code Title 10, Chapter 5 Amended. No. 1664 (House Bill No. 1169). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, so as to provide for orders of the commissioner of securities assessing certain sanctions against securities dealers and salesmen for specified misconduct; to grant an exemption from registration requirements for certain securities; to declare certain records confidential; to prohibit use of securities market information by the commissioner or employees of the commissioner; to provide cooperative enforcement powers in interstate investigations; to declare certain conduct in securities transactions unlawful; to revise and enlarge the administrative sanctions and civil sanctions available to the commissioner against violators of securities laws; to provide exceptions from civil liability; to allocate the burden of proof concerning claims of exemptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 10 of the Official Code of Georgia Annotated, relating to securities, is amended by striking in its entirety Code Section 10-5-4, relating to the suspension or revocation of registration of a dealer or salesman, which reads as follows:

Page 1560

10-5-4. (a) The registration of any dealer, limited dealer, salesman, or limited salesman may be suspended or revoked by the commissioner as provided in subsection (b) of this Code section if he finds that such registrant and, in the case of a dealer or limited dealer, any general partner, limited partner, director, affiliate, or executive officer of such dealer or limited dealer: (1) Has willfully made or caused to be made in any application for registration under this chapter or in any hearing conducted by the commissioner, any statement which was, at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact or has willfully omitted to state in any such application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; (2) In the case of a dealer or limited dealer, does not meet the bonding requirements of this chapter or is insolvent in the sense that he cannot meet his obligations as they mature; (3) Has willfully violated or willfully failed to comply with this chapter or a predecessor Act or any regulation or order promulgated or issued under this chapter or any predecessor Act; (4) Has been convicted of a misdemeanor of which fraud is an essential element or which involves a security or any aspect of the securities business or has ever been convicted of a felony; (5) Is permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the securities business; (6) Is subject to any currently effective order of the Securities and Exchange Commission or the securities

Page 1561

administrator of any other state denying registration to or revoking or suspending the registration of such person as a dealer or salesman or is subject to any currently effective order of any national securities association or national securities exchange (as defined in the Securities Exchange Act of 1934, as now or hereafter amended) suspending or expelling such person from membership in such association or exchange; (7) Conducts business in purchasing or selling securities at such variations from current market prices or from fair value in the case of securities for which there is no determinable market value, as, in the light of all the circumstances, are unconscionable; or (8) Has failed to file with the commissioner any financial statement required pursuant to subsection (c) of this Code section. (b) Where the commissioner finds that there are grounds for revocation or suspension as provided in subsection (a) of this Code section, he may issue an order suspending or revoking the registration of any dealer, limited dealer, salesman, or limited salesman. Such order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 10-5-16 and until the commissioner shall issue a written order in accordance with subsection (g) of Code Section 10-5-16 if such dealer, limited dealer, salesman, or limited salesman requests a hearing under Code Section 10-5-16; but the commissioner may, if he finds that the public safety or welfare requires emergency action, order an immediate suspension of the registration of a dealer, limited dealer, salesman, or limited salesman. An order of immediate suspension will expire automatically if the commissioner fails to afford notice and opportunity for hearing pursuant to Code Section 10-5-16. Suspension or revocation of the registration of a dealer or limited dealer shall also suspend or revoke the registration of all his salesmen or limited salesmen; but suspension

Page 1562

or revocation of the registration of a salesman or limited salesman solely because he was employed by a dealer or limited dealer whose registration was suspended or revoked shall not prejudice subsequent application for registration by such salesman or limited salesman. (c) The commissioner may at any time require a dealer or limited dealer to file with him a financial statement showing the financial condition of such dealer or limited dealer as of the most recent practicable date, but such financial statement need not be certified., and inserting in its place a new Code Section 10-5-4 to read as follows: 10-5-4. (a) The commissioner, by order, may deny, suspend, or revoke a registration, limit the securities activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a registered dealer or limited dealer, or bar a person who is a partner, officer, director, or a person occupying a similar status or performing a similar function for an applicant or registered person from employment with a registered dealer or limited dealer, if the commissioner finds that the order is in the public interest and that the applicant or registered person or, in the case of a dealer or limited dealer, a partner, officer, or director, a person occupying a similar status or performing similar functions, or a person directly or indirectly controlling the dealer or limited dealer: (1) Has filed an application for registration with the commissioner which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact; (2) Has willfully violated or willfully failed to comply with this chapter, a prior enactment, or a rule promulgated by the commissioner under this chapter or a prior enactment;

Page 1563

(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a securities agency or administrator of another state or a court of competent jurisdiction that the person has willfully violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or the securities law of another state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor, which the commissioner finds: (A) Involves the purchase or sale of a security, the taking of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of business as a dealer or limited dealer, investment adviser, financial institution, insurance company, or fiduciary; or (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds or securities; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as an investment adviser, underwriter, dealer or limited dealer or as an affiliated person or employee of an investment company, depository institution, or insurance company or from engaging in or continuing conduct or practice in connection with any of the foregoing activities or in connection with the purchase or sale of a security;

Page 1564

(6) Is the subject of an order of the commissioner denying, suspending, or revoking the person's registration as a dealer or limited dealer or salesman or limited salesman; (7) Is the subject of any of the following orders which are effective at the time of the commissioner's order and were issued within five years before the commissioner's order: (A) An order by the securities agency or administrator of another state, a Canadian province or territory, or the Securities and Exchange Commission, entered after notice and opportunity for hearing, denying, suspending, or revoking the person's registration as a dealer or limited dealer, salesman or limited salesman, or the substantial equivalent of those terms as defined in this chapter; (B) A suspension or expulsion from membership in or association with a member of a self-regulatory organization registered under the Securities Exchange Act of 1934 or the Commodity Exchange Act; (C) A United States Postal Service fraud order; (D) A cease and desist order entered after notice and opportunity for hearing by the commissioner, the securities agency or administrator of another state, a Canadian province or territory, the Securities and Exchange Commission, or the Commodity Futures Trading Commission; or (E) An order by the Commodity Futures Trading Commission denying, suspending, or revoking registration under the Commodity Exchange Act;

Page 1565

(8) Has engaged in unethical or dishonest practices in the securities business, as defined in the rules and regulations of the commissioner; (9) Is insolvent, either in the sense that liabilities exceed assets or in the sense that obligations cannot be met as they mature, but the commissioner may not enter an order against a dealer or limited dealer under this paragraph without a finding of insolvency as to the dealer or limited dealer; (10) Is determined by the commissioner, in compliance with Code Section 10-5-3, not to be qualified on the basis of the lack of training, experience, and knowledge of the securities business; (11) Has failed reasonably to supervise salesmen, limited salesmen, or employees; or (12) Has failed to pay the proper filing fee within 30 days after being notified by the commissioner of a deficiency, but the commissioner shall vacate an order under this paragraph when the deficiency is corrected. (b) The commissioner may not begin a proceeding on the basis of a fact or transaction known to the commissioner when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration. (c) If the commissioner finds that an applicant or registered person is no longer in existence; has ceased to do business as dealer, salesman, limited dealer, or limited salesman; is adjudicated mentally incompetent or subjected to the control of a committee, conservator, or guardian; or cannot be located after reasonable search, the commissioner, by order, may deny the application or revoke the registration.

Page 1566

(d) The commissioner may at any time require a dealer or limited dealer to file with him a financial statement showing the financial condition of such dealer or limited dealer as of the most recent practicable date but such financial statement need not be certified. Section 2 . Said chapter is further amended by striking in its entirety paragraph (8) of Code Section 10-5-8, relating to exempt securities, and inserting in its place new paragraphs (8) and (8.1) to read as follows: (8) Securities listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Coast Stock Exchange, the Philadelphia-Baltimore-Washington Stock Exchange, or any other stock exchange approved by the commissioner as provided in this paragraph; and all securities senior or substantially equal in rank to any securities so listed or approved, any security represented by subscription rights which have been so listed or approved, or any warrant or right to purchase or subscribe to any of the foregoing, provided that the commissioner may by written order approve any stock exchange in addition to those specified in this paragraph if he finds that it would be in the public interest for securities listed on such exchange to be exempt under this paragraph and provided that the commissioner shall have power at any time by written order to withdraw the approval theretofore so granted; (8.1) A security designated or approved for designation upon issuance as a national market system security by the National Association of Securities Dealers, Inc., any other security of the same issuer which is of senior or substantially equal rank, a security called for by subscription right or warrant so designated, or a warrant or a right to purchase or subscribe to any of the foregoing; .

Page 1567

Section 3 . Said chapter is further amended by adding at the end of Code Section 10-5-10, relating to the designation of the Secretary of State as commissioner of securities, three new subsections, to be designated as subsections (h), (i), and (j), to read as follows: (h) Neither the commissioner, the assistant commissioner, nor any employee of the commissioner may use for personal gain or benefit information filed with or obtained by the commissioner which is not public information nor may the commissioner, assistant commissioner, or any employee of the commissioner conduct securities dealings based upon information filed with or obtained by the commissioner, even though such information is known to the public, if there has not been a sufficient period for the securities markets to assimilate the information. (i) Except as provided in subsection (j) of this Code section, information and documents filed with or obtained by the commissioner are public information and are available for public examination. (j) The following information and documents do not constitute public information under subsection (i) of this Code section and shall be confidential: (1) Information or documents obtained by the commissioner in connection with an investigation under Code Section 10-5-11; (2) Information or documents filed with the commissioner in connection with a registration statement or exemption filing under this chapter which constitute trade secrets or commercial or financial information of a person for which that person is entitled to and has asserted a claim of confidentiality or privilege authorized by law; and (3) Any document or record specifically designated as confidential in accordance with this chapter or the

Page 1568

rules and regulations promulgated under this chapter. Section 4 . Said chapter is further amended by striking in its entirety Code Section 10-5-11, relating to investigations, subpoenas, and hearings by the commissioner of securities, and inserting in its place a new Code Section 10-5-11 to read as follows: 10-5-11. (a) The commissioner, at his discretion: (1) May make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of this chapter or in the prescribing of rules and regulations hereunder; (2) May require or permit any person to file a statement in writing, under oath or otherwise as the commissioner determines, as to all the facts and circumstances concerning the matter to be investigated; and (3) May publish information concerning any violation of this chapter or any rule, regulation, or order under this chapter. (b) (1) For the purpose of conducting any investigation as provided in this Code section, the commissioner shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the commissioner is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Said subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business

Page 1569

mailing address or by investigators appointed by the commissioner or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the commissioner in the same manner that other expenses of the commissioner are paid. (2) The commissioner may issue and apply to enforce subpoenas in this state at the request of a securities agency or administrator of another state if the activities constituting an alleged violation for which the information is sought would be a violation of this chapter if the activities had occurred in this state. (c) In case of refusal to obey a subpoena issued under any Code section of this chapter to any person, a superior court of appropriate jurisdiction, upon application by the commissioner, may issue to the person an order requiring him to appear before the court to show cause why he should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (d) (1) The commissioner may, with the approval of the Attorney General, issue to any person who has been or may be called to a hearing or other proceeding under this chapter a written order requiring the individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination. Such order shall be issued only if the commissioner shall find that: (A) The testimony or other information from such individual may be in the public interest; and (B) Such individual has refused or is likely to refuse to testify or provide other information

Page 1570

on the basis of his privilege against self-incrimination. (2) Whenever any witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information at any hearing or other proceeding under this chapter and the person presiding over the proceeding delivers to the witness a written order issued under paragraph (1) of this subsection, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order as to which the witness could validly assert his privilege against self-incrimination (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, false swearing, giving a false statement to the commissioner pursuant to this chapter, or otherwise failing to comply with the order. (e) In the case of any investigation conducted under this Code section, the commissioner may hold hearings or he may appoint an investigative agent to conduct the hearings who shall have the same powers and authority in conducting the hearings as are in this Code section granted to the commissioner. The agent shall possess such qualifications as the commissioner may require. A transcript of the testimony and evidence and objections resulting from such hearings shall be taken unless waived in writing by all parties present at the hearings. Copies of the transcript shall be available to all parties present at the hearing upon payment of a reasonable expense of reproducing the transcript. All recommendations of the investigative agent shall be advisory only and shall not have the effect of an order of the commissioner. (f) In any case where hearings are conducted by an investigative agent, he shall submit to the commissioner a

Page 1571

written report, including the transcript of the testimony in evidence (if requested by the commissioner), the findings of the hearing, and a recommendation of the action to be taken by the commissioner. The recommendation of the agent shall be approved, modified, or disapproved by the commissioner. The commissioner may direct an investigative agent to take additional testimony or permit introduction of further documentary evidence. (g) In addition to any other hearings and investigations which the commissioner is authorized or required by this chapter to hold, the commissioner is also authorized to hold general investigative hearings on his own motion with respect to any matter under this chapter. A general investigative hearing as provided for in this subsection may be conducted by any person designated by the commissioner for that purpose and may, but need not be, transcribed by the commissioner or by any other interested party. No formal action may be taken as a result of such investigative hearing; but the commissioner may take such action as he deems appropriate, based on the information developed in the hearing and on any other information which he may have. (h) To encourage uniform interpretation and administration of this chapter and effective securities regulation and enforcement, the commissioner may cooperate with the securities agencies or administrators of one or more states, Canadian provinces or territories, or another country, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Securities Investor Protection Corporation, any self-regulatory organization, any national or international organization of securities officials or agencies, and any governmental law enforcement or regulatory agency. Said cooperation includes, but is not limited to, the following actions: (1) Making a joint registration examination or investigation;

Page 1572

(2) Holding a joint administrative hearing; (3) Filing and prosecuting a joint civil or administrative proceeding; (4) Sharing and exchanging personnel; (5) Sharing and exchanging information and documents subject to the restrictions of subsection (i) of this Code section; and (6) Formulating, in accordance with chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' rules or proposed rules on matters such as statements of policy, guidelines, and interpretative opinions and releases. (i) The commissioner may disclose information obtained in connection with an investigation under this Code section to the extent provided in this Code section and if disclosure is for the purpose of a civil, administrative, or criminal investigation or proceeding by a securities agency or law enforcement agency and the receiving agency represents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information. Section 5 . Said chapter is further amended by striking in its entirety Code Section 10-5-12, relating to unlawful practices in securities, and inserting in its place a new Code Section 10-5-12 to read as follows: 10-5-12. (a) It shall be unlawful for any person: (1) To offer to sell or to sell any security in violation of Code Section 10-5-3, 10-5-5, or 10-5-19 or any rule, regulation, or order promulgated or issued by the commissioner under this chapter;

Page 1573

(2) In connection with an offer to sell, sale, offer to purchase, or purchase of any security, directly or indirectly: (A) To employ a device, scheme, or artifice to defraud; (B) To make an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or (C) To engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (3) To offer or sell any security: (A) Registered under subsection (b) of Code Section 10-5-5 by means of any prospectus except a prospectus which complies with paragraph (3) of subsection (b) of Code Section 10-5-5; (B) Registered under subsection (e) of Code Section 10-5-5 by means of any prospectus except a prospectus which complies with paragraph (3) of subsection (e) of Code Section 10-5-5; or (C) Registered under subsection (f) of Code Section 10-5-5 by means of any prospectus except a prospectus which complies with paragraph (4) of subsection (f) of Code Section 10-5-5; or (4) In connection with the sale of any securities registered under this chapter: (A) To make any representation concerning any future sales of securities of the same class by the

Page 1574

issuer at a price higher than the current offering price; or (B) To make any representations as to the future existence of any public market for the securities offered for sale. (b) It shall be unlawful for any person to make to any prospective purchaser, customer, or client any representation that the filing or effectiveness of a registration statement or the registration of any security under Code Section 10-5-5 or the existence of any exemption for any security or transaction means that the commissioner has passed in any way upon the truth, completeness, or accuracy of such registration statement or the merits of such security or has recommended or given approval to such security or transaction. (c) It shall be unlawful for any person who: (1) Is a dealer, limited dealer, salesman, or limited salesman under this chapter; (2) Is making an application for registration as a dealer, limited dealer, salesman, or limited salesman under this chapter; (3) Is an issuer which has filed a registration statement with respect to securities it intends to issue; or (4) Is an affiliate of any of the persons described in paragraph (1), (2), or (3) of this subsection knowingly to cause to be made, in any document filed with the commissioner or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.

Page 1575

(d) Without limiting the general applicability of subsections (a), (b), and (c) of this Code section, it shall be unlawful to: (1) Quote a fictitious price with respect to a security; (2) Effect a transaction in a security which involves no change in the beneficial ownership of the security for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (3) Enter an order for the purchase of a security with the knowledge that an order of substantially the same size and at substantially the same time and price for the sale of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; (4) Enter an order for the sale of a security with the knowledge that an order at substantially the same time and price for the purchase of the security has been, or will be, entered by or for the same, or affiliated, person for the purpose of creating a false or misleading appearance of active trading in a security or with respect to the market for the security; or (5) Employ any other deceptive or fraudulent device, scheme, or artifice to manipulate the market in a security. (e) Transactions effected in compliance with the applicable provisions of the Securities Exchange Act of 1934 and the rules and regulations of the Securities and Exchange Commission thereunder shall not be deemed to constitute market manipulation under subsection (d) of this Code section.

Page 1576

Section 6 . Said chapter is further amended by striking in their entirety paragraphs (1) and (2) of subsection (a) of Code Section 10-5-13, relating to stop orders and injunctions against violators, which read as follows: (1) Issue an order, if he deems it to be appropriate in the public interest or for the protection of investors, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 10-5-16; (2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or, and inserting in their place new paragraphs (1) and (2) to read as follows: (1) Impose administrative sanctions as provided in this paragraph: (A) Subject to notice and opportunity for hearing in accordance with Code Section 10-5-16, unless the right to notice is waived by the person against whom the sanction is imposed, the commissioner may: (i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as an issuer, dealer, limited dealer, salesman, or limited salesman; (iii) Bar or suspend the person from association with a registered dealer or a limited dealer in this state; or

Page 1577

(iv) Issue an order against an applicant, registered person, or other person who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings; (B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the commissioner revokes the registration of a dealer, limited dealer, salesman, or limited salesman or bars a person from association with a registered dealer or limited dealer under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanction specified in division (iv) of subparagraph (A) of this paragraph; and (ii) The imposition by the commissioner of one or more sanctions under this paragraph with respect to a specific violation precludes the commissioner from later imposing any other sanctions under this paragraph with respect to the violation; (C) For the purpose of determining the amount or extent of a sanction, if any, to be imposed under subparagraph (A) of this paragraph, the commissioner shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated thereunder or an order of the commissioner, the number of persons adversely affected by the conduct, and the resources of the person committing the violation; (2) Seek civil sanctions by applying to any superior court of competent jurisdiction in this state, which court: (A) Upon a showing by the commissioner that a person has violated this chapter, a rule promulgated

Page 1578

thereunder, or an order of the commissioner, may enter or grant: (i) A temporary restraining order, permanent or temporary injunction, or a writ of prohibition or mandamus; (ii) A civil penalty up to a maximum of $2,500.00 for a single violation or up to $25,000.00 for multiple violations in a single proceeding or a series of related proceedings; (iii) A declaratory judgment; (iv) Restitution to investors; (v) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; (vi) An order of disgorgement; or (vii) Other relief as the court deems just and equitable; (B) May, upon a showing by the commissioner that the defendant is about to violate this chapter, a rule promulgated thereunder, or an order of the commissioner, issue: (i) A temporary restraining order; (ii) A temporary or permanent injunction; (iii) A writ of prohibition or mandamus; or (iv) Such other relief as the court deems just and equitable;

Page 1579

(C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the commissioner under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated thereunder, or an order of the commissioner; and (D) Upon a showing by the securities agency or administrator of another state that a person has violated the securities act of that state, a rule promulgated thereunder, or an order of said agency or administrator, in addition to any other legal or equitable remedies, may impose one or more of the following remedies: (i) The appointment of a receiver, auditor, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state; and (ii) Such other relief as the court deems just and equitable; or. Section 7 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 10-5-14, relating to civil liability from the sale of securities, and inserting in its place a new subsection (a) to read as follows: (a) Any person who violates subsection (a) of Code Section 10-5-12 shall be liable to the person buying such security; and such buyer may sue in any court of competent jurisdiction to recover the consideration paid in cash (or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash) for the security with interest thereon from the date of payment down to the date of repayment as computed in paragraph (1) of subsection (c) of this Code section (less the amount of any income received thereon), together with all taxable court costs and

Page 1580

reasonable attorney's fees, upon the tender, where practicable, of the security at any time before the entry of judgment, or for damages if he no longer owns the security. Damages are the amount which equals the difference between the fair value of the consideration the buyer gave for the security and the fair value of the security at the time the buyer disposed of it, plus interest thereon from the date of payment down to the date of repayment as computed in paragraph (2) of subsection (c) of this Code section. A person who offers or sells a security in violation of paragraph (2) of subsection (a) of Code Section 10-5-12 is not liable under this subsection if: (1) The purchaser knew of the untrue statement of a material fact or omission of a statement of a material fact; or (2) The seller did not know and in the exercise of reasonable care could not have known of the untrue statement or misleading omission. Section 8 . Said chapter is further amended by striking in their entirety subsections (a) and (b) of Code Section 10-5-22, relating to the burden of providing exemptions and to certain certificates as evidence, which read as follows: (a) In any action, civil or criminal, where a defense is based upon any exemption provided for in this chapter, the burden of proving the existence of the exemption shall be upon the party raising such defense. (b) In any action, civil or criminal, a certificate signed and sealed by the commissioner, stating compliance or noncompliance with this chapter, shall constitute prima-facie evidence of such compliance or noncompliance with this chapter and shall be admissible in any such action., and inserting in their place new subsections (a) and (b) to read as follows: (a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception

Page 1581

from a definition has the burden of proving this exemption or exception. (b) In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming the exemption or exception. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. PROBATE COURTSJUDGES; QUALIFICATIONS IN COUNTIES OF MORE THAN 100,000; VACANCIES IN ANY COUNTY; CHIEF CLERKS. Code Sections 15-9-4, 15-9-11.1, and 15-9-36 Amended. No. 1665 (House Bill No. 1246). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change the provisions relating to additional eligibility requirements for probate judges in certain counties; to change the provisions relating to the filling of vacancies in the offices of the judge of probate court in certain counties; to provide that in counties where a chief clerk of the probate judge has been appointed, if such clerk meets the qualifications of office for probate judge, such chief clerk shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge; to provide for terms of service and compensation of chief clerks serving in the capacity of probate judges; to provide for elections to fill vacancies; to provide authority for the appointment of chief clerks of the probate judges;

Page 1582

to provide for the duties and authority of chief clerks of the probate judges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety subsection (a) of Code Section 15-9-4, relating to additional eligibility requirements for probate judges in certain counties, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In all counties of this state having a population of more than 100,000 according to the United States decennial census of 1970 or any future such census, no person shall be judge of the probate court unless at the time of his election, in addition to the qualifications required by law, he has attained the age of 30 years and either has practiced law or participated in the writing or passage of law for three years preceding his election or has served for at least five years as a clerk of the probate court, which service has been continuous and immediately prior to his election as judge of the probate court. Section 2 . Said chapter is further amended by striking Code Section 15-9-11.1 in its entirety and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows: 15-9-11.1. Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in any county in which a chief clerk of the probate judge has been appointed pursuant to Code Section 15-9-36 and said chief clerk meets all qualifications for the office of probate judge, the chief clerk of the probate judge shall assume the duties of the office of the judge of the probate court upon the death, resignation, incapacity, or inability of such judge of the probate court of any such county to serve. Such chief clerk of the probate judge shall serve until such time as the incapacity or inability of such judge is removed or until January 1 following the next succeeding general election, whichever occurs first. The chief clerk of the probate judge shall receive no additional compensation for performing the duties of such judge

Page 1583

except in cases involving the death or resignation of such judge, in which case the chief clerk of the probate judge shall receive the same compensation, paid in the same manner, as such judge would have received. If the next succeeding general election is not one at which county officers are elected and unless the incapacity or inability of such judge is removed prior to such election, a duly qualified person shall be elected judge at a special election held at the same time as the general election. The person so elected shall take office on January 1 following such election and shall serve for the remainder of the unexpired term of office. Section 3 . Said chapter is further amended by striking Code Section 15-9-36 in its entirety and inserting in lieu thereof a new Code Section 15-9-36 to read as follows: 15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may, at their own expense, appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief of the probate judge unless otherwise provided by local law. (b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature and may act for judges of the probate courts in those cases in which they are authorized to act for the judge by Code Section 15-9-13. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-11.1. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1584

SALES AND USE TAXESHEARING AIDS; EXEMPTION. Code Section 48-8-3 Amended. No. 1666 (House Bill No. 1270). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide that the sale and use of hearing aids shall be exempt from sales and use taxation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, is amended by striking the word or at the end of paragraph (47), by replacing the period at the end of paragraph (48) with the symbol and word ; or, and by adding a new paragraph (49) to read as follows: (49) The sale or use of hearing aids. Section 2 . This Act shall become effective July 1, 1986. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1585

CHILD CUSTODY PROCEEDINGSAGREEMENTS BETWEEN PARENTS REGARDING CUSTODY ISSUES. Code Section 19-9-5 Enacted. No. 1667 (House Bill No. 377). AN ACT To amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, so as to provide that, in proceedings between parents, an agreement regarding custody issues may be presented to the court; to provide for ratification of such agreement except under certain conditions; to authorize the court to supplement the agreement under 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 19 of the Official Code of Georgia Annotated, relating to general provisions affecting child custody proceedings, is amended by adding at the end of said article a new Code section, to be designated Code Section 19-9-5, to read as follows: 19-9-5. (a) In all proceedings under this article between parents, it shall be expressly permissible for the parents of a minor child to present to the court an agreement respecting any and all issues concerning custody of the minor child. As used in this Code section, the term `custody' shall not include payment of child support. (b) The court shall ratify the agreement and make such agreement a part of the court's final judgment in the proceedings unless the court makes specific factual findings that the agreement would not be in the best interests of the child or children. (c) In its judgment, the court may supplement the agreement on issues not covered by such agreement.

Page 1586

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. COUNTIESBUSINESS AND OCCUPATIONAL LICENSE TAXES AND FEES IN UNINCORPORATED AREAS; ORDINANCES; PENALTIES. Code Section 36-1-21 Enacted. No. 1668 (House Bill No. 477). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, so as to authorize counties to levy, assess, and collect certain business and occupational license taxes and fees in the unincorporated areas of such counties; to provide for construction; to provide for certain exemptions; to provide for ordinances and to authorize punishment for the violation of such ordinances; 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 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, is amended by adding at the end thereof a new Code Section 36-1-21 to read as follows: 36-1-21. (a) This Code section shall apply to each county electing to use the authority of this Code section, but it shall not be construed to repeal or supersede any local Act or ordinance or resolution adopted pursuant

Page 1587

thereto relating to the authority of a specific county to levy business license fees or taxes, unless the governing authority of such county, by ordinance or resolution, elects to use the authority of this Code section rather than the authority provided by said local Act. (b) The governing authority of any county is authorized to levy, assess, and collect business and occupational license taxes and license fees from all persons, firms, and corporations doing business in the unincorporated area of said county, except those businesses specifically exempted by this Code section. (c) The following business shall be exempt from taxes and fees authorized to be imposed pursuant to the authority of this Code section: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46 of this Code; and (3) Those businesses upon which local license taxes or license fees are imposed under other general laws of this state authorizing such local license taxes and license fees, unless such other general laws specifically authorize local license taxes and license fees other than those to which such general laws specifically relate. (d) The governing authority of any county electing to use the authority of this Code section is authorized to classify businesses and to assess different taxes and fees against different classes of businesses being carried on in the unincorporated area of such county. (e) The governing authority of any county electing to use the authority of this Code section is authorized to enact ordinances to implement and carry out such authority and to provide for the punishment of violations of such ordinances. (f) Nothing in this Code section shall apply to, or authorize the governing authority of any county to exercise any

Page 1588

of the powers conferred by this Code section over, any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. CRIMINAL PROCEDUREBONDS AND RECOGNIZANCES; RELEASE OF SURETY; FORFEITURE; DEPOSITS; REMISSION ON FORFEITURE. Code Sections 17-6-31, 17-6-70, 17-6-71, and 17-6-72 Amended. No. 1669 (House Bill No. 748). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide additional conditions for the release of a surety from liability; to provide when a forfeiture occurs; to provide for deposits of bond amounts into the registry of the court in certain cases; to provide for disbursements from the registry at the conclusion of a forfeiture proceeding; to provide for the remission of forfeiture under certain conditions; to provide for such conditions; to provide for applications for remission; 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 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking Code Section 17-6-31, relating to the procedure

Page 1589

for the surrender of the principal on a surety bond, in its entirety and substituting in lieu thereof a new Code Section 17-6-31 to read as follows: 17-6-31. When the court is not in session, a surety on a bond may surrender the surety's principal to the sheriff in order to be released from liability. When the court is in session, a surety on a bond may surrender the surety's principal in open court and the principal shall be considered surrendered by plea of guilty or nolo contendere to the court or if the principal is present in person when the jury or judge, if tried without a jury, finds the principal guilty and, upon such plea or finding of guilty, the surety shall be released from liability. If the principal does not appear by the end of the day on which the principal was bound to appear, forfeiture proceedings shall be initiated. The death of the principal shall be equivalent to a surrender. Section 2 . Said chapter is further amended by striking in its entirety Code Section 17-6-70, relating to the commencement of forfeiture proceedings, and inserting in its place a new Code Section 17-6-70 to read as follows: 17-6-70. A bond forfeiture occurs immediately upon the failure of appearance of a principal of any bond or recognizance given for the appearance of that person. Section 3 . Said chapter is further amended by striking in its entirety Code Section 17-6-71, relating to execution hearings on bonds, and inserting in its place a new Code Section 17-6-71 to read as follows: 17-6-71. (a) The judge shall upon the failure to appear order an execution hearing for a date not later than 90 days after the failure to appear. In addition to a hearing date, the judge shall order that the bond amount be deposited into the registry of the court within 45 days following the date of the order. Notice of the hearing shall be mailed by first-class mail by the clerk of court to the principal and to each surety at the addresses given on the bond. (b) If at the hearing it is determined that the bond should be forfeited, the judge shall so order and, after rendering

Page 1590

such judgment of forfeiture, an execution on the order shall immediately be issued upon the bond amount. In the event that the bond amount is not so forfeited, it shall be returned from the registry of the court to the principal or the surety, whomever made such deposit. (c) Upon the denial of the application under subsection (e) of Code Section 17-6-72 or after the passage of 120 days from the date of a failure to appear, if no application is pending, any bond amounts which have been paid into the registry of the court shall be paid over by the clerk to the fines and forfeitures fund. Section 4 . Said chapter is further amended by adding at the end of Code Section 17-6-72, relating to the judgment of forfeiture of appearance bonds, a new subsection (e) to read as follows: (e) (1) On application filed within 120 days from forfeiture, the court shall order remission if it determines that there was no breach of the bond. (2) Provided the bond amount has been paid into the registry of the court and there has been no breach of the terms of the bond, if the defendant surrenders or is apprehended within 90 days after forfeiture and the delay has not prevented the proper prosecution of the defendant, the court, on motion at a hearing upon notice having been given to the prosecuting attorney as required by paragraph (4) of this subsection, may direct remission of a maximum of 90 percent of a forfeiture if the surety apprehended and surrendered the defendant or if the apprehension or surrender of the defendant was substantially procured or caused by the surety. (3) Remission of a forfeiture shall not be ordered for any reason other than those specified in this subsection. (4) The prosecuting attorney must be given at least 20 days' notice before a hearing is held on the application for remission and must be furnished with a copy of the application along with the affidavits and other documentation

Page 1591

and evidence supporting such application. Remission shall be granted on the condition of the payment of costs by the surety unless the ground for remission is that there was no breach of the bond as provided in paragraph (1) of this subsection. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. CIVIL PRACTICECOURT COSTS; ATTORNEY'S FEES AND EXPENSES OF LITIGATION IN CASES HAVING A COMPLETE ABSENCE OF ANY JUSTICIABLE ISSUE; APPEALS. Code Section 5-6-35 Amended. Code Section 9-15-14 Enacted. No. 1670 (House Bill No. 1146). AN ACT To amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, so as to provide that in any civil action in any court reasonable attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; to provide that such attorney's fees and expenses may be awarded under certain other circumstances; to provide that such costs may be awarded against a party, a party's attorney, or both and shall constitute a money judgment; to provide for an automatic repeal; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeal

Page 1592

by application, so as to provide for appeals of awards of attorney's fees and expenses of litigation; to provide for other matters related to the foregoing; 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 . Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to court costs, is amended by adding a new Code Section 9-15-14 to read as follows: 9-15-14. (a) In any civil action in any court of record of this state, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to any party against whom another party has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position. Attorney's fees and expenses so awarded shall be assessed against the party asserting such claim, defense, or other position, or against that party's attorney, or against both in such manner as is just. (b) The court may assess reasonable and necessary attorney's fees and expenses of litigation in any civil action in any court of record if, upon the motion of any party or the court itself, it finds that an attorney or party brought or defended an action, or any part thereof, that lacked substantial justification or that the action, or any part thereof, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceeding by other improper conduct, including, but not limited to, abuses of discovery procedures available under Chapter 11 of this title, the `Georgia Civil Practice Act.' As used in this Code section, `lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious. (c) No attorney or party shall be assessed attorney's fees as to any claim or defense which the court determines

Page 1593

was asserted by said attorney or party in a good faith attempt to establish a new theory of law in Georgia if such new theory of law is based on some recognized precedential or persuasive authority. (d) Attorney's fees and expenses of litigation awarded under this Code section shall not exceed amounts which are reasonable and necessary for defending or asserting the rights of a party. (e) Attorney's fees and expenses under this Code section may be requested by motion within 45 days after the final disposition of the action. (f) An award of reasonable and necessary attorney's fees or expenses of litigation under this Code section shall be determined by the court without a jury and shall be made by an order of court which shall constitute and be enforceable as a money judgment. (g) This Code section shall be repealed effective July 1, 1989, and shall not apply to claims, defenses, or other positions first raised thereafter but shall continue to apply to claims, defenses, and positions first raised prior to said date. Section 2 . Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeal by application, is amended by striking the word and at the end of paragraph (8) of subsection (a), by replacing the period at the end of paragraph (9) of subsection (a) with the symbol and word ; and, and by adding a new paragraph (10) of subsection (a) to describe a case in which application for appeal is required and to read as follows: (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14. Section 3 . This Act shall become effective July 1, 1986. The provisions of this Act shall apply to actions filed or presented for filing on or after July 1, 1986. In addition, this Act shall apply to any action pending on July 1, 1986, with respect to any claim, defense, or other position which is first raised in the action on or after July 1, 1986.

Page 1594

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. CORONERSRELEASE OF MEDICAL RECORDS TO CORONERS OF OTHER STATES; SUBPOENAS FOR PRODUCTION OF BOOKS, RECORDS, OR PAPERS; CONFIDENTIAL INFORMATION; COSTS. Code Sections 45-16-27 and 45-16-34 Amended. Code Section 45-16-10 Enacted. No. 1671 (House Bill No. 1329). AN ACT To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide for the release of certain medical records and other information to coroners of other states under certain circumstances; to provide that when a coroner is conducting an investigation or an inquest into the death of an individual, such coroner shall be authorized to issue subpoenas to compel the production of certain books, records, or papers; to provide that certain information shall be confidential; to provide for certain costs; 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 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by adding at the end of Article 1 a new Code Section 45-16-10 to read as follows: 45-16-10. Records, papers, or reports concerning the death of a person on file at any hospital, nursing home, or

Page 1595

other medical facility in this state shall be available to a coroner of another state if such person was a resident of or buried in the county of such coroner in such other state. The release of such records to the coroner of another state shall not be prohibited by Article 4 of Chapter 18 of Title 50. Section 2 . Said chapter is further amended by adding at the end of Code Section 45-16-27 a new subsection (c) to read as follows: (c) When a coroner conducts an investigation into the death of an individual, he shall be authorized to issue subpoenas to compel the production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. Section 3 . Said chapter is further amended by striking Code Section 45-16-34 in its entirety and inserting in lieu thereof a new Code Section 45-16-34 to read as follows: 45-16-34. (a) The coroner shall issue subpoenas to or otherwise compel the attendance of witnesses; and he shall administer to such witnesses the following oath: `The evidence that you shall give this inquest on behalf of the state concerning the death of(or a person unknown, as the case may be) shall be the truth, the whole truth, and nothing but the truth, so help you God.' (b) When a coroner conducts an inquest into the death of an individual, he shall be authorized to issue subpoenas

Page 1596

to compel production of any books, records, or papers relevant to the cause of death. Any books, records, or papers received by the coroner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purpose of responding to a coroner's subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county. Provided, however, the county shall not be responsible for duplication costs under $25.00. Section 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. PENAL INSTITUTIONSMEDICAL EXPENSES; EDUCATIONAL PROGRAMS; PARDONS AND PAROLES. Code Sections 42-5-59, 42-9-42, 42-9-43, and 42-9-60 Amended. Code Section 42-5-64 Enacted. No. 1672 (House Bill No. 1638). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that the commissioner of corrections may make deductions from the income

Page 1597

of those inmates authorized to work at paid employment for any necessary medical expenses incurred by the Department of Corrections on behalf of such inmates; to provide that the commissioner of corrections shall maintain an educational program within the state prison system to assist inmates in achieving a certain level of education; to provide for additional educational programs; to encourage inmates to participate in an educational program; to provide exceptions; to provide for cooperation and coordination between the Department of Corrections and the Department of Education; to provide for rules and regulations; to provide for the State Board of Pardons and Paroles to consider an inmate's participation and achievement in educational programs when relief from sentence is being considered for the inmate; to provide that when the State Board of Pardons and Paroles releases inmates to alleviate the overcrowding of the prison system, special consideration shall be given to inmates who have participated in educational programs and achieved a certain level of education; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking in its entirety subsection (b) of Code Section 42-5-59, relating to the employment of inmates in the community, and inserting in lieu thereof a new subsection (b) to read as follows: (b) An inmate authorized to work at paid employment in the community under subsection (a) of this Code section shall comply with all rules and regulations promulgated by the board relative to the handling, disbursement, and holding in trust of all funds earned by the inmate while under the jurisdiction of the department. An amount determined to be the cost of the inmate's keep and confinement shall be deducted from the earnings of each inmate, and such amount shall be deposited in the treasury of the department; provided, however, that, if the inmate is assigned to a county correctional institution, the deducted amount shall be deposited in the treasury of the county to which the inmate is assigned. After the deduction for keep and confinement, the commissioner shall:

Page 1598

(1) Allow the inmate to draw from the balance a reasonable sum to cover his incidental expenses; (2) Retain to the inmate's credit an amount as is deemed necessary to accumulate a reasonable sum to be paid to him on his release from the penal institution; (3) Deduct from the inmate's funds any amounts necessary to cover the costs of medical or dental attention provided to the inmate, said deductions to be made in accordance with policies and procedures promulgated by the commissioner; and (4) Cause to be paid any additional balance as is needed for the support of the inmate's dependents. Section 2 . Said title is further amended by adding at the end of Article 3 of Chapter 5, relating to the conditions of detention generally, a new Code Section 42-5-64 to read as follows: 42-5-64. (a) The commissioner shall maintain an educational program within the state prison system to assist inmates in achieving at least a fifth-grade level on standardized reading tests. Inmates who test below the fifth-grade level will be encouraged by institutional staff to attend appropriate classes until they attain this level. (b) For the purposes of this Code section, educational programing shall not apply to inmates who: (1) Have been sentenced to death; (2) Have attained 50 years of age; or (3) Have serious learning disabilities. (c) The commissioner shall provide additional educational programs in which inmates can voluntarily participate to further their education beyond the fifth-grade level. (d) The commissioner shall utilize available services and programs within the Department of Education, and the Department of Education shall cooperate with the commissioner

Page 1599

in the establishment of educational programs and the testing of inmates as required in this Code section. (e) The commissioner shall be authorized to promulgate rules and regulations necessary to carry out the provisions of this Code section. Section 3 . Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-42, relating to procedure for the State Board of Pardons and Paroles to follow in granting relief from sentence, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Good conduct, achievement of a fifth-grade level or higher on standardized reading tests, and efficient performance of duties by an inmate shall be considered by the board in his favor and shall merit consideration of an application for pardon or parole. No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he is so released, he will live and conduct himself as a respectable and law-abiding person and that his release will be compatible with his own welfare and the welfare of society. Furthermore, no person shall be released on pardon or placed on parole unless and until the board is satisfied that he will be suitably employed in self-sustaining employment or that he will not become a public charge. However, notwithstanding other provisions of this chapter, the board may, in its discretion, grant pardon or parole to any aged or disabled persons. Section 4 . Said title is further amended by striking in its entirety subsection (a) of Code Section 42-9-43, relating to information to be considered by the State Board of Pardons and Paroles generally, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be: (1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct

Page 1600

of record of the person while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person; (3) The extent to which the person appears to have responded to the efforts made to improve his social attitude; (4) The industrial record of the person while confined, the nature of his occupations while so confined, and a recommendation as to the kind of work he is best fitted to perform and at which he is most likely to succeed when and if he is released; and (5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests. The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. Section 5 . Said title is further amended by striking in its entirety subsection (c) of Code Section 42-9-60, relating to the overcrowding of prison system as creating state of emergency, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon the declaration of a state of emergency with regard to the jail and prison overcrowding by the Governor, the board shall select sufficient state prison inmates to reduce the state prison population to 100 percent of its capacity and issue such selected inmates a parole, but no dangerous offender shall be eligible for selection by the board. The board shall give special consideration for early release under this Code section to inmates who have participated in educational programs and who have achieved a fifth-grade level or higher on standardized reading tests. The selection of state prison inmates to be released under the authority contained in this Code section may be made without regard to limitations placed upon the service of a portion of the prison sentence provided by Code Section 42-9-45.

Page 1601

Section 6 . Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective October 15, 1986. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. EDUCATIONHEALTH INSURANCE FOR PUBLIC SCHOOL EMPLOYEES; COVERAGE; SURVIVING SPOUSES AND DEPENDENT CHILDREN. Code Sections 20-2-915.1 and 20-2-915.2 Enacted. No. 1673 (House Bill No. 1693). 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 health insurance plans for public school employees, so as to provide that public school employees who have 20 years or more of creditable service but who are not eligible to receive retirement benefits and surviving spouses and dependent children of certain employees, annuitants, or other persons shall be eligible to continue coverage under the state health benefit plan upon payment of the full cost of the premium; to provide for rules and regulations; 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

Page 1602

to health insurances plans for public school employees, is amended by adding two new Code Sections 20-2-915.1 and 20-2-915.2 to read as follows: 20-2-915.1. Notwithstanding any other provisions of this subpart to the contrary, the board shall offer continuous coverage to any public school employee with 20 or more years of creditable service who is not eligible to receive retirement benefits because of age. The public school employee shall pay both the employer and employee premiums for such insurance coverage. 20-2-915.2. At the time of death of any employee, annuitant, or other person who has elected coverage under said contract or contracts for health insurance and who dies having the required creditable service for receiving a benefit from a retirement system of this state which is operated for teachers or public school employees, any spouse or dependent child or children included in the coverage of the contract or contracts for health insurance as provided in this subpart may be entitled to continue such coverage upon agreeing to pay contributions to the cost of such coverage as may be provided by rules and regulations of the board. The board shall be authorized to promulgate and adopt rules and regulations governing the continuance, discontinuance, and resumption of coverage by any such spouse or dependent child or children. The board shall be authorized to promulgate rules and regulations governing the continuance of coverage by a spouse and dependent children of a retired employee when retirement benefits are insufficient for payment of the health insurance premium. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986.

Page 1603

PHARMACISTSCONTINUING PHARMACEUTICAL EDUCATION REQUIREMENTS FOR RENEWAL OF LICENSES; PHARMACY INTERN LICENSES. Code Sections 26-4-76 and 26-4-77 Amended. No. 1674 (Senate Bill No. 267). AN ACT To amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, so as to provide for license expiration and renewal and to require pharmacists to obtain continuing pharmaceutical education as a condition for renewing their pharmacist license; to provide for approved correspondence courses; to repeal certain provisions relating to continued education certificates; to provide for inactive status licenses; to provide that persons granted inactive status shall be exempt from continuing pharmaceutical education requirements; to change the expiration period for pharmacy intern licenses; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the regulation of pharmacists, is amended by striking subsection (b) of Code Section 26-4-76, relating to biennial registration of pharmacists and continuing education for pharmacists, and inserting in lieu thereof a new subsection (b) to read as follows: (b) All licenses issued under this part shall be valid for up to two years and shall be renewable biennially. The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this part, no pharmacist license shall be renewed by the board or the joint-secretary until the pharmacist submits to the board satisfactory proof of his participation, during the biennium preceding his application for renewal, in not more than 30

Page 1604

hours of approved programs of continuing professional pharmaceutical education, as defined in this Code section. Continuing professional pharmaceutical education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmaceutical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. Section 2 . Said part is further amended by striking subsection (c) of said Code Section 26-4-76 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The board shall by regulation provide for an inactive status license for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceutical education. Section 3 . Said part is further amended by striking Code Section 26-4-77, relating to pharmacy interns, and inserting in lieu thereof a new Code section to read as follows: 26-4-77. Any student in, or who has been accepted for admission to, any generally recognized school or college of pharmacy, and who has completed the prepharmacy requirements, may register with the board and may be licensed as a pharmacy intern. Licenses issued under this Code section

Page 1605

shall bear the date thereof and shall be valid for up to five years. Licenses which shall expire by lapse of time may be renewed upon application, unless at the time of expiration there shall be pending before the board proceedings to suspend or revoke such license. A pharmacy intern may compound, mix, or dispense drugs and medicines or poisons only under the immediate supervision of a pharmacist. Section 4 . Sections 1 and 2 of this Act shall become effective January 1, 1987, but the remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon this Act's becoming law without such approval. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. ALCOHOLIC BEVERAGESVEHICLES, BOATS, ETC. USED IN UNLAWFUL TRANSPORTATION OR STORING OF DISTILLED SPIRITS; SEIZURE AND CONDEMNATION IN ANY COUNTY. Code Sections 3-10-1 and 3-10-11 Amended. No. 1675 (Senate Bill No. 356). AN ACT To amend Chapter 10 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of distilled spirits in dry counties and municipalities, so as to provide that vehicles, conveyances, boats, and vessels which are used in the unlawful transportation or storing of distilled spirits shall be subject to seizure and condemnation in counties and municipalities wherein the sale of distilled spirits is lawful as well as in counties and municipalities wherein the sale of distilled spirits is not lawful; to

Page 1606

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 10 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of distilled spirits in dry counties and municipalities, is amended by striking Code Section 3-10-1, relating to applicability of certain distilled spirits laws to certain counties, and inserting in its place a new Code section to read as follows: 3-10-1. Except as otherwise provided in Code Section 3-10-11, this chapter shall only be applicable within counties or municipalities in which the sale of distilled spirits is not lawful. Section 2 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 3-10-11, relating to contraband used in violation of distilled spirits laws, and inserting in its place a new paragraph to read as follows: (1) All vehicles and conveyances of every kind and description in this state and all boats and vessels of every kind and description in any of the waters of this state, which vehicles and vessels are used in conveying, removing, concealing, or storing any distilled spirits, the transportation, possession, or storing of which is in violation of law, shall be seized and condemned by any sheriff or other arresting officer. Such vehicles, conveyances, boats, and vessels shall be subject to seizure and condemnation as specified in this Code section in any county or municipality of this state, including those counties and municipalities in which the sale of distilled spirits is lawful. The law enforcement officer making a seizure shall report the seizure within ten days after the seizure to the prosecuting attorney of the county, city, or superior court having jurisdiction in the county where the seizure was made. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 1607

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. CRIMINAL PROCEDUREDEPOSIT OF A CHAUFFEUR'S OR DRIVER'S LICENSE IN LIEU OF INCARCERATION, FORMAL RECOGNIZANCE, OR BAIL FOR TRAFFIC AND MOTOR VEHICLE OFFENSES; REINSTATEMENT; RESTORATION FEE. Code Section 17-6-11 Amended. No. 1676 (Senate Bill No. 552). AN ACT To amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws pertaining to traffic and motor vehicles, so as to provide for the reinstatement of licenses; to provide for restoration fees; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a chauffeur's or driver's license in lieu of incarceration, formal recognizance, or bail by persons arrested for violations of certain laws pertaining to traffic and motor vehicles, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Upon receipt of the license as bail, the arresting officer may release the person so charged as provided for

Page 1608

in this Code section for his further appearance before the proper judicial officer as provided for in this Code section and required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Safety of this state the license which was deposited in lieu of bail if the person fails to appear and answer to the charge against him. The commissioner of public safety shall, upon receipt of a license forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $25.00 to the Department of Public Safety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1986. SECRETARY OF STATEPRINTING AND DISTRIBUTION OF MAPS AND ACTS. Code Sections 45-13-20 and 45-13-24 Amended. No. 1677 (House Bill No. 787). AN ACT To amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to authorize the Secretary of State to print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives; to require the Secretary of State to mail certain legislative Acts

Page 1609

to the election superintendent and the governing authority of certain counties or 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 . Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, is amended by striking paragraphs (14) and (15) of Code Section 45-13-20, relating to the duties of the Secretary of State, and inserting in lieu thereof new paragraphs (14), (15), and (16) to read as follows: (14) To certify under his official seal, as the Comptroller General is directed to do; (15) To print and distribute current maps describing the boundaries of congressional districts and the legislative districts of members of the Georgia Senate and House of Representatives; and (16) To perform all other duties which are required of him by law or which necessarily attach to his office. Section 2 . Said article is further amended by striking Code Section 45-13-24, relating to the duty of the Secretary of State to mail certain legislative Acts, and inserting in lieu thereof a new Code Section 45-13-24 to read as follows: 45-13-24. (a) It shall be the duty of the Secretary of State, within 30 days after any Act of the General Assembly, except local Acts and general Acts of local application, is approved by the Governor or becomes a law without such approval, to mail a copy thereof, with a certificate thereon showing the date it became law, to the clerk of each superior court in this state and, in like manner, to mail a copy of each local Act or general Act with local application to the clerk of the superior court of each county or counties in which it has application. The clerk of the superior court shall cause said copies to be kept carefully in bound volumes and open to public inspection at all reasonable hours. (b) Within one calendar week after any local Act or general Act of local application which requires a local referendum

Page 1610

or a special election is approved by the Governor or becomes law without his approval, it shall be the duty of the Secretary of State to mail a copy of the Act, with a certificate showing the date it became law, to the election superintendent and the governing authority of each county or municipality in which it has application. 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 15, 1986.

Page 1611

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1986 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

Page 1612

STATE GENERAL OBLIGATION DEBTLOANS FOR WATER AND SEWERAGE FACILITIES AND SYSTEMS. Proposed Amendment to the Constitution. No. 86 (House Resolution No. 363). A RESOLUTION Proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems; to provide that it shall not be necessary for the state or a state authority to take title to or own such facilities or systems; to provide that such debt may be incurred for a state authority created before, on, or after November 8, 1960; to provide that the proceeds of such debt shall be paid or transferred to, administered or invested by, and the proceeds and investment earnings applied and disbursed by the unit of state government or state authority made responsible by law for such activities; to provide that a mutual undertaking by a local governmental entity to borrow and the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems when authorized by law shall be a provision for services and an activity within the intergovernmental contracts provisions of Article IX, Section III, Paragraph I, subparagraph (a); 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 redesignating current subparagraph (e) as subparagraph (f) and by inserting a new subparagraph (e) to read as follows: (e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water

Page 1613

or sewerage facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960. Section 2 . Article VII, Section IV, Paragraph VII of the Constitution is amended by designating the current language of said Paragraph as subparagraph (a) and by adding immediately following such newly designated subparagraph a new subparagraph to read as follows: (b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obligation debt issued for making loans to local government entities for water or sewerage facilities or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority. Section 3 . Article IX, Section III, Paragraph I, subparagraph (a) of the Constitution is amended by adding thereto the following: By way of specific instance and not limitation, a mutual undertaking by a local government entity to borrow and an undertaking by the state or a state authority to lend funds from and to one another for water or sewerage facilities or systems pursuant to law shall be a provision for services and an activity within the meaning of this Paragraph. Section 4 . 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:

Page 1614

() YES () NO Shall the Constitution be amended so as to provide that general obligation debt may be incurred by the state to make loans to local governmental entities for water and sewerage facilities and systems and to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 1, 1986. SUSPENSION OF CERTAIN STATE OFFICIALS UPON INDICTMENT FOR CERTAIN FELONIES; COMPENSATION; REINSTATEMENT. Proposed Amendment to the Constitution. No. 87 (House Resolution No. 505). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the procedures for suspending certain public officials shall

Page 1615

be initiated upon indictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld and to provide that after the initial conviction of certain public officials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office and to provide that such official shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement official and the filling of a vacancy and to provide for applicability; 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, Section III, Paragraph I of the Constitution is amended by striking subparagraph (b) and inserting in lieu thereof a new subparagraph (b) to read as follows: (b) Upon indictment for a felony by a grand jury of this state or by the United States, 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, 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

Page 1616

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 initial conviction by the trial court, the officer shall continue to receive the compensation from his office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from his office. If the officer is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Section 2 . Article II, Section III of the Constitution is amended by adding at the end thereof a new Paragraph II to read as follows:

Page 1617

Paragraph II. Suspension upon felony conviction . Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he shall not be entitled to receive the compensation from his office. If 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 and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official 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 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. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987. Section 3 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the procedures for suspending certain public officials shall be initiated upon indictment for certain felonies by the United States and to provide that a public official who is suspended from office shall not

Page 1618

receive any compensation after the initial conviction and to provide that if the public official is reinstated to office he shall be entitled to receive any compensation withheld and to provide that after the initial conviction of certain public officials for any felony in a trial court of this state or the United States, regardless of whether the official has been previously suspended, such public official shall be immediately and without further action suspended from office and to provide that such official shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the official shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement official and the filling of a vacancy and to provide for applicability? 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 1, 1986.

Page 1619

JUDGESSUSPENSION FROM OFFICE; COMPENSATION; REINSTATEMENT; REPLACEMENT JUDGE. Proposed Amendment to the Constitution. No. 88 (House Resolution No. 506). A RESOLUTION Proposing an amendment to the Constitution so as to provide that a judge who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previously suspended, such judge shall be immediately and without further action suspended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement judge and the filling of a vacancy and to provide for applicability; 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, Paragraph VII of the Constitution is amended by striking division (1) of subparagraph (b) of said Paragraph and inserting in lieu thereof a new division (1) to read as follows: (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

Page 1620

judge and that the rights and interests of the public are adversely affected thereby, the commission shall 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 initial conviction by the trial court, the judge shall continue to receive the compensation from his office. After initial conviction by the trial court, the judge shall not be entitled to receive the compensation from his office. If the judge is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this subparagraph. 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. Section 2 . Article VI, Section VII, Paragraph VII of the Constitution is further amended by adding at the end thereof a new subparagraph (c) to read as follows: (c) Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subparagraph (b) of this Paragraph, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subparagraph, he shall not be entitled to receive the compensation from his office. If 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 and shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement

Page 1621

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. The provisions of this subparagraph shall not apply to any conviction rendered prior to January 1, 1987. Section 3 . 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 who is suspended from office shall not receive any compensation after the initial conviction and to provide that if the judge is reinstated to office, he shall be entitled to receive any compensation withheld and to provide that after the initial conviction of a judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been previously suspended, such judge shall be immediately and without further action suspended from office and to provide that such judge shall not be entitled to receive any compensation during such suspension and to provide that if such conviction is overturned the judge shall be reinstated to office and shall receive any compensation withheld and to provide for a replacement judge and the filling of a vacancy and to provide for applicability? 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.

Page 1622

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 1, 1986. PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANSINDEMNIFICATION; DEATH OR PERMANENT DISABILITY IN THE LINE OF DUTY. Proposed Amendment to the Constitution. No. 99 (House Resolution No. 69). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987; 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 VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: (c) The General Assembly may provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.

Page 1623

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 authorize the General Assembly to provide by law for indemnification with respect to publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. HEALTH INSURANCERETIRED FORMER EMPLOYEES OF PUBLIC SCHOOLS OR PUBLIC SCHOOL SYSTEMS, THEIR SPOUCES, AND THEIR DEPENDENT CHILDREN. Proposed Amendment to the Constitution. No. 100 (House Resolution No. 125). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance

Page 1624

plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section VI, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (c) to read as follows: (c) The General Assembly may provide by law and may expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state. 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 authorize the General Assembly to provide by law and expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Page 1625

DEVELOPMENT DISTRICTSCREATION; AD VALOREM TAX INCENTIVES. Proposed Amendment to the Constitution. No. 101 (House Resolution No. 718). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide a procedure for the creation of development districts for the promotion of commercial and industrial development through ad valorem tax incentives; 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 at the end thereof a new Paragraph VI to read as follows: Paragraph VI. Development districts . The General Assembly may by general law provide a procedure for the creation of development districts in areas which, because of a need for commercial or industrial development or because of an unrealized potential for commercial or industrial development, ad valorem tax incentives are likely to lead to commercial or industrial development so as to promote the vitality and well-being of the political subdivisions for which such development districts are created. Any such general law shall provide that a development district may be created only upon the recommendation of an agency of the executive branch of government and only with the consent of the political subdivision for which the development district is to be created. Any such general law shall provide that each development district shall be created by local law and shall authorize such local laws to grant exemptions from ad valorem taxes levied by the political subdivisions for which development districts are created. Any such general law may provide that such local laws shall not be subject

Page 1626

to the requirements of Paragraph III of Section I of this article and of Paragraph II of this section. No person shall acquire any vested right to a tax exemption granted pursuant to this Paragraph. 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 authorize the General Assembly to provide a procedure for the creation of development districts for the promotion of commercial and industrial development through ad valorem tax incentives? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Page 1627

LAW ENFORCEMENT OFFICERS, FIREMEN, PRISON GUARDS, AND PUBLICLY EMPLOYED EMERGENCY MEDICAL TECHNICIANSINDEMNIFICATION; DEATH OR PERMANENT DISABILITY. Proposed Amendment to the Constitution. No. 102 (House Resolution No. 644). A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; 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 III, Section VI, Paragraph VI of the Constitution is amended by adding a new subparagraph (c) to read as follows: (c) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both. 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.

Page 1628

The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any law enforcement officer, fireman, prison guard, or publicly employed emergency medical technician who is or at any time in the past was killed or permanently disabled in the line of duty? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. MUNICIPAL OR COUNTY ROAD OR STREET AUTHORITIESREFERENDUM FOR CREATION OR AMENDMENT. Proposed Amendment to the Constitution. No. 103 (House Resolution No. 662). A RESOLUTION Proposing an amendment to the Constitution so as to provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf

Page 1629

of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section VI, Paragraph V of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows: (e) No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority. 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:

Page 1630

() YES () NO Shall the Constitution be amended so as to provide that no municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Page 1631

STATE CHILDREN'S TRUST FUNDCREATION; USE OF FUNDS FOR CHILD ABUSE AND NEGLECT PREVENTION PROGRAMS. Proposed Amendment to the Constitution. No. 104 (Senate Resolution No. 330). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs; to provide for payments into the trust fund; to provide for the applicability of a certain provision of the Constitution; 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 IX, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (f) to read as follows: (f) The General Assembly is authorized to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds. 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:

Page 1632

() YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the creation of a State Children's Trust Fund from which funds shall be disbursed for the purpose of child abuse and neglect prevention programs? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Page I

OFFICE OF THE GOVERNOR Atlanta, Georgia 30334 April 28, 1986 Joe Frank Harris Governor Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 406 and 556 which were passed by the General Assembly of Georgia at the 1986 Regular Session. Article III, Section V, Paragraph XIII 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 State Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page II

OFFICE OF THE GOVERNOR Atlanta, Georgia April 28, 1986 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 906, 1316, 2000 and 2026 which were passed by the General Assembly of Georgia at the 1986 Regular Session. Article III, Section V, Paragraph XIII 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 State Honorable Frank H. Edwards, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page III

Veto No. 5H. B. 906 House Bill 906 proposed the incorporation of the City of Islands in Chatham County. A county-wide referendum was provided for in the legislation. The passage of this bill was technically flawed by a procedural error, and another bill was introduced and passed providing for the same subject matter. Therefore, the author of this bill requested that this bill be vetoed. Veto No. 6H. B. 2000 House Bill 2000 provided for a new charter for the City of Statesboro. After passage of the bill, a technical error was found in the legislation. Therefore, the author of this bill requested that it be vetoed. Veto No. 7S. B. 556 Senate Bill 556 abolished the second division of the State Court of Cobb County and the office of Associate Judge of the State Court of Cobb County. Technical problems were found with the legislation after its passage, and the author requested it be vetoed. Veto No. 8S. B. 406 Senate Bill 406 amends the Administrative Procedures Act as it relates to legislative override of agency rules. Specifically, in the event a standing committee files an objection to an agency of departmental rule, that rule then may be considered by the branch of the legislative whose committee has objected. Should a resolution be adopted by a 2/3 vote of the body of the General Assembly objecting to the rule, the agency or departmental rule shall be void. Under present law, both chambers must consider a resolution to override an administrative rule, while Senate Bill 406 would authorize one house of the General Assembly to void an administrative rule of the Executive Branch. The bill is unconstitutional as an abridgement of the powers of the Executive Branch of government under the Constitution, and the procedure established exceeds the authority of the General Assembly

Page IV

under the Constitution. This bill, if signed, could adversely affect the rule-making power of all agencies in state government. For these reasons, I am vetoing Senate Bill 406. Veto No. 9H. B. 2026 House Bill 2026 increased the filing fees in the State Court of Dougherty County to an amount equal to that of the Dougherty County Superior Court. This legislation was introduced at the request of the Dougherty County Commission by the local delegation. During the 1986 Session of the General Assembly, general legislation was passed increasing the filing fees for the superior courts of this State except for persons licensed by the State Board of Medical Examiners. This latter piece of legislation had the effect of increasing the local filing fees for the State Court of Dougherty County to an amount greater than that desired by the local governing authority. Because of this technical problem, the local county commission has requested, with the approval of the local delegation, that this bill be vetoed. Veto No. 10H. B. 1316 House Bill 1316 as originally introduced provided that the Board of Medical Examiners was authorized to investigate a licensee's fitness to practice medicine, if the licensee had been involved in two or more previous judgments or settlements of medical malpractice or was involved in a medical malpractice judgment or settlement in excess of $50,000. Additionally, the bill provided that a court order requiring that a judgement or agreement be sealed in a medical malpractice case would not prevent the disclosure of the information contained in the file to the Board of Medical Examiners for their investigation. A floor amendment was added in the Senate to strike Code Section 43-34-1 relating to the practice of naturopathy. This amendment has the effect of removing a provision in the law which practioners of naturopathic medicine contend gives them the authority to practice in this state. In 1983, similar legislation which was passed voiding this section was vetoed due to pending litigation in federal court. Since the end of that litigation, there has been no attempt to delete this section from the law until the floor amendment in the Senate. It is now the position of the State Law Department

Page V

that this section does not authorize the practice of naturopathic medicine in this State. However, there still seems to be a great amount of confusion in the minds of some citizens of this State concerning the legal ramifications of the action of deleting this section. In a case such as this the provisions of this legislation should have been discussed openly in a committee of the House or Senate before this bill was passed. In vetoing this bill, I am not in any way endorsing the concept of naturopathic medicine. I do want to allow any questions to be answered fully before this section is deleted. The original provisions of House Bill 1316 are meritorious, and I hope they will be implemented by the General Assembly during the 1987 Session. Until then, I strongly recommend that the Board of Medical Examiners implement the legislation on a voluntary basis by making mandatory on their part the investigation of physicians who meet the requirements of the act and by seeking any legal means to make sure that sealed court records be opened to the Board, if needed in its investigations. For these reasons, I am vetoing House Bill 1316.

Page VI

APPELLATE COURTS SUPREME COURT OF GEORGIA As of February 1, 1986 HAROLD N. HILL, JR. Chief Justice THOMAS O. MARSHALL Presiding Justice HAROLD G. CLARKE Justice GEORGE T. SMITH Justice HARDY GREGORY, JR. Justice CHARLES L. WELTNER Justice RICHARD BELL Justice JOLINE BATEMAN WILLIAMS Clerk HAZEL E. HALLFORD Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. FOSTER Assistant Reporter COURT OF APPEALS OF GEORGIA As of February 1, 1986 HAROLD R. BANKE Chief Judge BRASWELL D. DEEN, JR. Presiding Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge A. W. BIRDSONG, JR. Presiding Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ROBERT BENHAM Judge DOROTHY TOTH BEASLEY Judge ALTON HAWK Clerk VICTORIA MEDCALF Deputy Clerk GAIL ARCENEAUX Special Deputy Clerk NADINE WALKER Special Deputy Clerk WM. SCOTT HENWOOD Reporter JOHN TUCKER Assistant Reporter SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of February 1, 1986 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

Page VII

ALCOVY CIRCUIT HONS. THOMAS W. RIDGWAY, Chief Judge, Walton County Courthouse GREELEY ELLIS, Judge, Newton County Courthouse JOHN M. OTT, D.A., Walton 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 ROGER GLENN QUEEN, D.A., Fannin 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. JOHN S. LANGFORD, Chief Judge, Fulton County Courthouse OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse LUTHER ALVERSON, Judge, Fulton County Courthouse JOEL J. FRYER, Judge, Fulton County Courthouse RALPH H. HICKS, Judge, Fulton County Courthouse FRANK M. ELDRIDGE, Judge, Fulton County Courthouse WILLIAM W. DANIEL, Judge, Fulton County Courthouse ISAAC JENRETTE, Judge, Fulton County Courthouse CLARENCE COOPER, Judge, Fulton County Courthouse PHILIP F. ETHERIDGE, Judge, Fulton County Courthouse DON A. LANGHAM, Judge, Fulton County Courthouse WILLIAM H. ALEXANDER, Judge, Fulton County Courthouse LEWIS R. SLATON, D.A., Fulton County Courthouse FultonFirst Monday in January, March, May, July, September and November ATLANTIC CIRCUIT HONS. JOHN R. HARVEY, Chief Judge, Bryan County Courthouse JAMES EMORY FINDLEY, Judge, Tattnall County Courthouse DAVID L. CAVENDER, Judge, Liberty County Courthouse DUPONT KIRK CHENEY, D.A., Liberty County Courthouse BryanThird Monday in March; first Monday in November EvansFirst Monday in February and August LibertyThird Monday in February and September LongFirst Monday in March; third Monday in August McIntoshFourth Monday in February and May; second Monday in September; first Monday in December TattnallThird Monday in April and October AUGUSTA CIRCUIT HONS. WILLIAM M. FLEMING, JR., Presiding Judge, Richmond County Courthouse FRANKLIN H. PIERCE, Judge, Richmond County Courthouse ALBERT McELVEEN PICKETT, Judge, Richmond County Courthouse BERNARD J. MULHERIN, SR., Judge, Richmond County Courthouse SAM 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

Page VIII

BLUE RIDGE CIRCUIT HONS. FRANK C. MILLS, III, Chief Judge, Cherokee County Courthouse RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse RAFE BANKS, D.A., Forsyth County Courthouse CherokeeSecond Monday in January, May and September ForsythSecond Monday in March, July, and November BRUNSWICK CIRCUIT HONS. GORDON KNOX, JR., Chief Judge, Jeff Davis County Courthouse WILLIAM R. KILLIAN, Judge, Glynn County Courthouse A. BLENN TAYLOR, JR., Judge, Glynn County Courthouse GLENN THOMAS, JR., D.A., Wayne County Courthouse ApplingSecond and third Monday in February; third and fourth Monday in October CamdenFirst Monday in April and November GlynnSecond Monday in January, May and September Jeff DavisFirst and second Monday in March; fourth Monday in September; first Monday in October WayneThird and fourth Monday in April and November CHATTAHOOCHEE CIRCUIT HONS. JOHN H. LAND, Presiding Judge, Muscogee County Courthouse E. MULLINS WHISNANT, Judge, Muscogee County Courthouse KENNETH B. FOLLOWILL, Judge, Muscogee County Courthouse MRS. RUFE E. McCOMBS, Judge, Muscogee County Courthouse WILLIAM J. (BILL) 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 E. WILSON, D.A., Bartowl 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, Judge, Clayton County Courthouse STEPHEN E. BOSWELL, Judge, Clayton County Courthouse THOMAS KENNETH KILPATRICK, Judge, Clayton County Courthouse ROBERT E. KELLER, D.A., Clayton County Courthouse ClaytonFirst Monday in February, May, August and November

Page IX

COBB CIRCUIT HONS. WATSON L. WHITE, Chief Judge, Cobb County Courthouse GRANT BRANTLEY, Judge, Cobb County Courthouse DOROTHY A. ROBINSON, Judge, Cobb County Courthouse HARRIS HINES, Judge, Cobb County Courthouse GEORGE H. KREEGER, Judge, Cobb County Courthouse TOM CAUTHORN, Judge, Cobb County Courthouse TOM CHARRON, D.A., Cobb County Courthouse CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT HONS. COY H. TEMPLES, Chief Judge, Whitfield County Courthouse CHARLES A. PANNELL, JR., Judge, Murray County Courthouse WILLIAM T. BOYETT, Judge, Whitfield County Courthouse JACK PARTAIN, D.A., Whitfield County Courthouse MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT HONS. WHITFIELD R. FORRESTER, Chief Judge, Crisp County Courthouse G. MALLON FAIRCLOTH, Judge, Crisp County Courthouse EDWIN T. COTTON, D.A., Crisp 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 LORING ALBERT GRAY, Judge, Dougherty County Courthouse HOBART M. HIND, D.A., Dougherty County Courthouse DoughertySecond Monday in January, March, May, July, September and November

Page X

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 EASTERN CIRCUIT HONS. FRANK S. CHEATHAM JR., Chief Judge, Chatham County Courthouse EUGENE H. GADSDEN, Judge, Chatham County Courthouse PERRY BRANNEN, JR., Judge, Chatham County Courthouse JAMES HEAD, Judge, 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

Page XI

GWINNETT CIRCUIT HONS. REID MERRITT, Chief Judge, Gwinnett County Courthouse HOMER M. STARK, Judge, Gwinnett County Courthouse DAWSON JACKSON, Judge, Gwinnett County Courthouse JAMES A. HENDERSON, Judge, Gwinnett County Courthouse TOM LAWLER, D.A., Gwinnett County Courthouse GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT HONS. WILLIS HUNT, JR., Judge, Houston County Courthouse L.A. McCONNELL, JR., Judge, Houston County Courthouse THERON FINLAYSON, D.A., Houston County Courthouse HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. BO LOGGINS, Chief Judge, Chattooga County Courthouse JON BOLLING WOOD, Judge, Walker County Courthouse JOE 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., Judge, Bibb County Courthouse TOMMY DAY WILCOX, Judge, Bibb County Courthouse BRYANT CULPEPPER, Judge, Peach County Courthouse WILLIS SPARKS, D.A., Bibb County Courthouse BibbFirst Monday in February, April, June, August, October and December CrawfordThird and fourth Monday in March and October PeachFirst and second Monday in March and August; third and fourth Monday in November 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

Page XII

MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, Presiding Judge, Habersham County Courthouse ROBERT B. STRUBLE, Judge, Stephens County Courthouse MIKE CRAWFORD, D.A., Habersham 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 NORTHEASTERN CIRCUIT HONS. A.R. (DICK) KENYON, Chief Judge, Hall County Courthouse J.D. SMITH, 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 JOE 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

Page XIII

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 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 TIM MADISON, D.A., 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. MUMFORD, D.A., Rockdale County Courthouse RockdaleFirst Monday in January, April, July and October

Page XIV

ROME CIRCUIT HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse JOHN A. FRAZIER, Judge, Floyd County Courthouse ROBERT G. WALTHER, Judge, Floyd County Courthouse STEVE LANIER, D.A., Floyd County Courthouse FloydSecond Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT HONS. A. WALLACE CATO, Chief Judge, Decatur County Courthouse WILLARD H. CHASON, Judge, Grady County Courthouse J. BROWN MOSELEY, D.A., Decatur County Courthouse BakerThird Monday in January and July CalhounLast Monday in May and November DecaturFirst Monday in February, May, August and November GradyThird Monday in March and September MitchellSecond Monday in January and July; third Monday in April and October 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 StewartThird Monday in March and September SumterFourth Monday in February, May and August; Monday following the fourth Thursday in November WebsterSecond Monday in January and July STONE MOUNTAIN CIRCUIT HONS. CURTIS V. TILLMAN, Chief Judge, DeKalb County Courthouse HILTON FULLER, Judge, DeKalb County Courthouse JAMES H. (JIM) WEEKS, Judge, DeKalb County Courthouse DAN COURSEY, Judge, DeKalb County Courthouse CAROL W. HUNSTEIN, Judge, DeKalb County Courthouse ROBERT JOSEPH CASTELLANI, Judge, DeKalb County Courthouse CLARENCE F. CHUCK SEELIGER, Judge, DeKalb County Courthouse BOB WILSON, D.A., DeKalb County Courthouse DeKalbFirst Monday in January, March, May, July, September and November

Page XV

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 TIFTON CIRCUIT HONS. W. J. FOREHAND, Chief Judge, Tift County Courthouse JOHN D. CROSBY, Judge, Tift County Courthouse DAVID E. PERRY, 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, McDuffe County Courthouse E. PURNELL DAVIS, Judge, Warren County Courthouse DENNIS SANDERS, D.A., McDuffie County Courthouse GlascockThird Monday in February, May, August and November LincolnFourth Monday in January and July; third Monday in April 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, Judge, Ware County Courthouse JOSEPH B. NEWTON, Judge, Ware County Courthouse DONNIE DIXON, D.A., Ware County Courthouse BaconFourth Monday in May and November BrantleyFirst Monday in February; first Tuesday in September CharltonFourth Monday in February and September CoffeeThird Monday in March and October PierceFirst Monday in May; second Monday in December WareSecond Monday in April and November WESTERN CIRCUIT HONS. JAMES BARROW, Chief Judge, Clarke County Courthouse JOSEPH J. GAINES, Judge, Clarke County Courthouse HARRY N. GORDON, D.A., Clarke County Courthouse ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

Page XVII

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Development districts; industrial and commercial development; ad valorem tax incentives 1625 Health insurance for retired former employees of public schools and public school systems, their spouses, and their dependent children 1623 Indemnification; death or permanent disability; law enforcement officers; firemen; prison guards; publicly employed emergency medical technicians 1627 Judges; suspension from office; compensation; reinstatement; replacement judges 1619 Municipal or county road or street authorities; referendum required to create or amend laws 1628 Publicly employed emergency medical technicians killed or permanently disabled in the line of duty; indemnification 1622 State Children's Trust Fund 1631 State general obligation debt; loans for water and sewerage facilities 1612 Suspension of state public officials upon indictment; compensation; reinstatement 1614 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 2-7-155; amended 1086 Code Section 2-7-156; amended 1086 Code Sections 2-14-130 through 2-14-135; enacted 3 Code Section 3-1-5; enacted 618 Code Section 3-3-20; amended 10 Code Section 3-3-23; amended 789 Code Section 3-4-51; enacted 1083 Code Section 3-4-93; amended 1083 Code Section 3-4-160; enacted 1083 Code Section 3-6-29; amended 10 Code Sections 3-9-10 through 3-9-13; enacted 778 Code Section 3-10-1; amended 1605 Code Section 3-10-11; amended 1605 Code Section 4-4-1.1; enacted 425 Code Section 4-4-5; enacted 425 Code Section 4-10-11; amended 10 Code Sections 4-11-1 through 4-11-16; enacted 628 Code Section 5-3-2; amended 982 Code Section 5-3-29; amended 982 Code Section 5-4-1; amended 982 Code Section 5-5-1; amended 982 Code Section 5-6-33; amended 982 Code Section 5-6-35; amended 1591 Code Section 7-1-4; amended 458 Code Section 7-1-35; amended 458 Code Section 7-1-236; designation 458 Code Section 7-1-239; amended 887 Code Section 7-1-241; amended 458

Page XVIII

Code Section 7-1-280; amended 458 Code Sections 7-1-320 through 7-1-325; enacted 1244 Code Section 7-1-442; redesignated 458 Code Section 7-1-480; amended 458 Code Section 7-1-590; amended 458 Code Section 7-1-600; amended 458 Code Section 7-1-612; amended 1244 Code Section 7-1-652; amended 458 Code Section 7-1-681; amended 458 Code Section 7-1-911; amended 214 Code Section 7-1-912; amended 214 Code Section 7-3-7; amended 855 Code Section 7-4-12; amended 195 Code Section 8-2-90; amended 1231 Code Section 8-3-3.1; amended 797 Code Section 8-3-171; amended 899 Code Section 8-3-172; amended 899 Code Section 8-3-174; amended 899 Code Section 8-3-176; amended 344 , 899 Code Section 8-3-178; amended 899 Code Section 8-3-180; amended 899 Code Section 9-3-21; repealed 294 Code Section 9-10-5; amended 320 Code Section 9-11-34; amended 1277 Code Section 9-11-41; amended 816 Code Section 9-11-60; amended 294 Code Sections 9-12-130 through 9-12-138; enacted 380 Code Section 9-15-4; amended 1002 Code Section 9-15-14; enacted 1591 Code Section 10-1-7; amended 207 Code Section 10-1-255; amended 326 Code Section 10-1-392; amended 405 , 1046 , 1313 Code Section 10-1-393; amended 405 , 1313 Code Section 10-1-393.1; enacted 1046 Code Section 10-1-395; amended 855 Code Section 10-1-397; amended 1046 Code Section 10-1-399; amended 1046 Code Section 10-1-410; amended 10 Code Sections 10-1-430 through 10-1-437; enacted 635 Code Sections 10-1-700 through 10-1-704; enacted 884 Code Section 10-5-4; amended 1559 Code Section 10-5-8; amended 1559 Code Section 10-5-10; amended 1559 Code Section 10-5-11; amended 1559 Code Section 10-5-12; amended 1559 Code Section 10-5-13; amended 1559 Code Section 10-5-14; amended 1559 Code Section 10-5-22; amended 1559 Code Section 11-9-402; amended 357 Code Section 11-9-403; amended 357 , 1002 Code Section 11-9-405; amended 1002

Page XIX

Code Section 11-9-406; amended 1002 Code Section 11-9-407; amended 1002 Code Section 12-3-10; amended 437 Code Section 12-3-50.1; enacted 399 Code Section 12-3-194.1; amended 10 Code Section 12-3-341; amended 377 Code Section 12-3-441; amended 453 Code Section 12-3-445; amended 453 Code Section 12-4-141; amended 10 Code Section 12-5-30; amended 350 Code Section 12-5-38.1; enacted 350 Code Section 12-5-52; amended 350 Code Section 12-5-53; amended 350 Code Section 12-5-122; amended 10 Code Section 12-5-127; amended 10 Code Section 12-5-132; amended 10 Code Section 12-5-134; amended 10 Code Section 12-5-179; amended 10 Code Section 12-5-372; amended 196 Code Section 12-5-443; amended 321 Code Section 12-5-445; amended 321 Code Section 12-6-5.1; enacted 402 Code Section 12-6-23; amended 402 Code Section 12-6-131; amended 362 Code Section 12-6-133; amended 362 Code Section 12-6-134; amended 362 Code Section 12-6-138; amended 362 Code Section 12-8-2; enacted 780 Code Section 12-8-62; amended 10 , 761 Code Section 12-8-66; amended 10 Code Section 12-8-68; amended 761 Code Section 12-8-82; amended 10 Code Sections 12-12-1 through 12-12-26; enacted 1157 Code Section 14-2-5; amended 1454 Code Section 14-2-41; amended 1454 Code Section 14-2-152; amended 10 Code Section 14-2-172; amended 1454 Code Section 14-2-176; amended 1454 Code Section 14-2-231; amended 1454 Code Section 14-2-372; amended 1454 Code Section 14-5-20; amended 1454 Code Section 14-5-23; enacted 1454 Code Title 14, Chapter 6; repealed 433 Code Section 14-7-2; amended 1454 Code Section 15-2-8; amended 279 Code Section 15-5-21; amended 956 Code Section 15-6-2; amended 160 , 163 , 417 , 423 Code Section 15-6-3; amended 230 , 1526 Code Section 15-6-17; amended 318 Code Section 15-6-25; amended 794

Page XX

Code Section 15-6-28; amended 1488 Code Section 15-6-32; amended 794 Code Section 15-6-50; amended 213 Code Section 15-6-77; amended 1002 Code Section 15-6-88; amended 833 Code Section 15-6-93; enacted 1002 Code Section 15-7-24; amended 171 Code Section 15-9-4; amended 1581 Code Section 15-9-11.1; amended 1581 Code Section 15-9-36; amended 1581 Code Sections 15-9-120 through 15-9-126; enacted 982 Code Section 15-10-2; amended 701 Code Section 15-10-41; amended 701 Code Section 15-10-43; amended 701 Code Section 15-10-47; amended 701 Code Section 15-10-49; amended 701 Code Section 15-10-101; amended 198 Code Section 15-10-105; amended 701 Code Section 15-10-105.1; enacted 701 Code Sections 15-10-150 through 15-10-155; enacted 787 Code Title 15, Chapter 11; amended 1017 Code Section 15-11-21; amended 1097 Code Section 15-11-37; amended 192 , 277 Code Section 15-11-41; amended 1017 Code Section 15-11-51; repealed 1017 Code Section 15-11-52; repealed 1017 Code Section 15-11-53; repealed 1017 Code Section 15-11-54; repealed 1017 Code Sections 15-11-80 through 15-11-92; enacted 1017 Code Section 15-12-71; amended 306 Code Section 15-16-1; amended 606 Code Section 15-16-20; amended 837 Code Section 15-16-20.1; amended 837 Code Section 15-18-14; amended 203 Code Section 16-5-45; amended 1325 Code Section 16-8-12; amended 1228 Code Section 16-8-60; amended 652 Code Section 16-9-20; amended 209 Code Section 16-10-6; amended 10 Code Section 16-10-23; amended 1059 Code Section 16-10-24; amended 484 Code Section 16-11-106; amended 1205 Code Section 16-11-127; amended 673 Code Section 16-11-129; amended 305 , 481 Code Section 16-11-130; amended 1205 Code Section 16-12-20; amended 1313 Code Section 16-12-36; amended 1313 Code Section 16-12-60; amended 511 Code Section 16-12-160; enacted 645 Code Section 16-13-21; amended 10 , 1555

Page XXI

Code Section 16-13-25; amended 1555 Code Section 16-13-28; amended 10 , 1555 Code Section 16-13-29; amended 1555 Code Section 16-13-31; amended 10 , 397 Code Section 16-13-41; amended 1031 Code Section 16-13-49; amended 451 Code Section 16-13-71; amended 1555 Code Section 16-13-72.1; enacted 421 Code Section 17-4-20; amended 490 , 657 Code Section 17-5-50; amended 158 Code Section 17-6-1; amended 166 Code Section 17-6-11; amended 1607 Code Section 17-6-31; amended 1588 Code Section 17-6-70; amended 1588 Code Section 17-6-71; amended 1588 Code Section 17-6-72; amended 1588 Code Section 17-6-90; amended 1151 Code Section 17-6-93; amended 1151 Code Section 17-6-94; enacted 1151 Code Section 17-10-1; amended 842 Code Section 17-11-4; amended 282 Code Section 19-3-40; amended 982 Code Section 19-6-19; amended 1259 Code Section 19-6-20; amended 1259 Code Section 19-7-3; amended 10 , 1516 Code Section 19-8-8; amended 1516 Code Section 19-8-10; amended 1516 Code Section 19-8-17; amended 687 Code Section 19-9-1; amended 1000 , 1036 Code Section 19-9-3; amended 1000 Code Section 19-9-5; enacted 1585 Code Section 20-1-6; enacted 619 Code Section 20-2-102; amended 800 Code Section 20-2-188; amended 880 Code Section 20-2-600; amended 38 Code Section 20-2-690; amended 10 Code Section 20-2-753; amended 10 Code Section 20-2-754; amended 10 , 817 Code Section 20-2-757; amended 10 Code Section 20-2-759; enacted 1079 Code Section 20-2-850; amended 782 , 1263 Code Section 20-2-870; amended 498 Code Section 20-2-880; amended 291 Code Section 20-2-889; amended 10 Code Section 20-2-892; amended 291 Code Section 20-2-893; amended 291 Code Section 20-2-895; amended 291 Code Section 20-2-915.1; enacted 1601 Code Section 20-2-915.2; enacted 1601 Code Section 20-2-940; amended 300

Page XXII

Code Section 20-2-942; amended 300 Code Section 20-2-983; amended 10 Code Section 20-2-1074; amended 10 , 149 Code Section 20-2-1160; amended 216 Code Sections 20-2-1190 through 20-2-1192; enacted 924 Code Sections 20-2-2001 through 20-2-2020; enacted 1172 Code Section 20-3-58; amended 1187 Code Section 20-3-131; amended 10 Code Section 20-3-266; amended 759 Code Section 20-3-316; amended 759 Code Section 20-3-374; amended 499 Code Section 20-4-62; amended 10 Code Section 20-4-63; amended 10 Code Section 20-5-48; amended 10 Code Section 20-5-49; amended 10 Code Section 20-7-1; amended 10 Code Title 20, Chapter 7; repealed 827 Code Section 20-8-5; amended 1549 Code Section 21-2-5; amended 32 Code Section 21-2-6; amended 32 Code Section 21-2-9; amended 855 Code Section 21-2-45; amended 772 Code Section 21-2-50; amended 382 Code Section 21-2-130; amended 890 Code Section 21-2-132; amended 32 , 890 Code Section 21-2-136; amended 855 Code Section 21-2-153; amended 32 Code Section 21-2-170; amended 890 Code Section 21-2-172; amended 890 Code Sections 21-2-180 through 21-2-187; enacted 890 Code Section 21-2-191; amended 220 Code Section 21-2-192; amended 220 Code Section 21-2-211; amended 32 Code Section 21-2-212; amended 932 Code Section 21-2-213; amended 32 , 382 Code Section 21-2-217; amended 32 , 932 Code Section 21-2-218; amended 772 , 932 Code Section 21-2-228; amended 382 Code Section 21-2-231; amended 32 Code Section 21-2-232; amended 932 Code Section 21-2-240; amended 32 Code Section 21-2-241; amended 1028 Code Section 21-2-266; amended 348 Code Section 21-2-285; amended 772 , 1538 Code Section 21-2-325; amended 772 , 1538 Code Section 21-2-381; amended 32 , 932 Code Section 21-2-381.1; amended 772 Code Section 21-2-384; amended 32 Code Section 21-2-385; amended 32 , 932 Code Section 21-2-404; amended 32

Page XXIII

Code Section 21-2-413; amended 32 Code Section 21-2-414; amended 32 , 382 Code Section 21-2-415; amended 32 Code Section 21-2-440; amended 32 Code Section 21-2-450; amended 32 Code Section 21-2-455; amended 32 Code Section 21-2-495; amended 382 , 855 Code Section 21-2-497; amended 32 , 855 Code Section 21-2-501; amended 855 Code Section 21-2-502; amended 32 Code Section 21-2-522; amended 772 Code Section 21-2-524; amended 32 Code Section 21-2-540; amended 382 , 1538 Code Section 21-3-2; amended 132 Code Section 21-3-7.1; enacted 772 Code Section 21-3-91; amended 32 , 772 Code Section 21-3-98; amended 32 Code Section 21-3-121; amended 32 , 382 Code Section 21-3-123; amended 772 , 932 Code Section 21-3-126; amended 382 Code Section 21-3-133; amended 32 , 932 Code Section 21-3-164; amended 348 Code Section 21-3-186; amended 1538 Code Section 21-3-187; amended 772 , 1538 Code Section 21-3-225; amended 1538 Code Section 21-3-283; amended 932 Code Section 21-3-285; amended 932 Code Section 21-3-320; amended 32 Code Section 21-3-321; amended 32 , 382 Code Section 21-3-324; amended 1538 Code Section 21-3-478; amended 32 Code Section 21-5-2; amended 855 Code Title 21, Chapter 5; revised 957 Code Section 22-2-130; amended 1187 Code Section 23-2-1; repealed 294 Code Section 23-2-60; amended 294 Code Section 24-3-16; enacted 668 Code Section 24-8-21; amended 982 Code Section 24-9-22; amended 1277 Code Section 24-9-29; enacted 1090 Code Section 24-9-40; amended 1277 Code Section 25-2-2; amended 855 Code Section 25-2-6; amended 855 Code Section 25-4-3; amended 10 Code Title 25, Chapter 9; amended 1069 Code Section 25-10-1; amended 798 Code Section 25-10-5; amended 798 Code Section 26-2-30.1; enacted 1089 Code Section 26-2-38; amended 197 Code Section 26-2-88; amended 10 Code Section 26-3-22; amended 1555

Page XXIV

Code Section 26-4-4; amended 1031 Code Section 26-4-76; amended 1603 Code Section 26-4-77; amended 1603 Code Section 26-4-85; amended 1031 Code Section 26-4-116; amended 1031 Code Section 26-4-120; amended 929 Code Section 26-4-148; amended 10 Code Section 26-5-17; amended 10 Code Section 27-1-2; amended 1460 Code Section 27-1-26; repealed 1059 Code Section 27-2-9; amended 485 Code Section 27-2-23.1; amended 194 Code Sections 27-3-150 through 27-3-152; enacted 1460 Code Section 27-4-5; amended 169 Code Section 27-4-10; amended 504 Code Section 27-4-11; amended 504 Code Section 27-4-74.1; enacted 172 Code Section 27-4-76; amended 1460 Code Section 28-1-8; amended 10 , 311 , 314 Code Section 28-2-1; amended 466 Code Section 28-5-60; amended 155 Code Section 28-6-1; amended 855 Code Section 28-9-5; amended 10 Code Section 29-5-5.1; enacted 684 Code Section 29-5-11; amended 982 Code Section 30-3-3; amended 10 Code Section 31-3-2; amended 1242 Code Section 31-3-5.1; enacted 227 Code Section 31-5-3; amended 1280 Code Section 31-6-21.1; amended 148 Code Section 31-6-44; amended 744 Code Section 31-7-75.1; enacted 744 Code Section 31-7-92; amended 489 Code Section 31-7-192; amended 1519 Code Section 31-7-193; amended 1519 Code Section 31-7-194; amended 1519 Code Section 31-7-197; amended 1519 Code Section 31-7-250; amended 822 Code Section 31-7-261; amended 509 Code Section 31-11-33; amended 1321 Code Section 31-12-11; enacted 1208 Code Section 31-18-1; amended 10 Code Section 31-20-3; amended 982 Code Section 31-21-3; enacted 1513 Code Section 31-31-4.1; amended 674 Code Section 31-31-7; enacted 674 Code Section 31-32-3; amended 445 Code Section 31-32-6; amended 445 Code Section 32-2-2; amended 10 Code Section 32-2-3; amended 796 Code Section 32-2-69; amended 153

Page XXV

Code Section 32-3-4; amended 1187 Code Section 32-6-28; amended 471 , 655 Code Section 32-6-112; amended 1187 Code Section 32-10-60; amended 1241 Code Section 33-2-1; amended 855 Code Section 33-3-21.1; enacted 896 Code Section 33-6-5; amended 695 Code Section 33-7-6; amended 1237 Code Section 33-7-11; amended 394 Code Section 33-9-7; amended 698 Code Section 33-9-8; amended 698 Code Section 33-9-29; amended 698 Code Section 33-9-39; enacted 1184 Code Section 33-9-40; enacted 1184 Code Section 33-14-6; amended 855 Code Section 33-16-14; amended 510 Code Section 33-21-1; amended 676 Code Section 33-21-2; amended 676 Code Section 33-21-3; amended 676 Code Section 33-21-4; amended 676 Code Section 33-21-8; amended 676 Code Section 33-21-9; amended 676 Code Section 33-21-13; amended 676 Code Section 33-21-14; amended 676 Code Section 33-21-24; amended 676 Code Section 33-21-25; amended 676 Code Section 33-21-26; amended 676 Code Section 33-22-13; amended 496 Code Section 33-24-21.1; enacted 688 Code Section 33-24-28.3; enacted 695 Code Section 33-24-47; enacted 695 Code Section 33-25-4; amended 10 Code Section 33-30-12; repealed 688 Code Section 33-33-11; amended 508 Code Section 33-37-17; amended 10 Code Section 34-7-41; amended 10 Code Section 34-8-40; amended 10 Code Section 34-8-123; amended 925 Code Section 34-8-125; amended 299 Code Section 34-8-126; amended 415 Code Section 34-11-7; amended 10 Code Section 34-12-2; amended 330 Code Section 34-12-8; amended 10 Code Section 34-12-19; amended 10 Code Sections 34-13-1 through 34-13-20; enacted 330 Code Section 35-2-36; amended 452 Code Section 35-2-48; amended 193 Code Section 35-2-52; amended 452 Code Section 35-2-57; repealed 1059 Code Section 35-3-15; repealed 1059 Code Section 35-3-33; amended 513

Page XXVI

Code Sections 35-3-80 through 35-3-85; enacted 659 Code Section 36-1-21; enacted 764 , 1586 Code Section 36-5-21; amended 328 Code Section 36-5-25; enacted 347 Code Section 36-7-2; amended 888 Code Section 36-10-2.1; enacted 309 Code Section 36-30-3; amended 841 Code Section 36-31-4; amended 10 Code Section 36-32-1; amended 784 Code Section 36-33-1; amended 1312 Code Section 36-36-22.1; amended 284 Code Section 36-41-3; amended 947 Code Section 36-41-5; amended 947 Code Section 36-41-8; amended 10 , 947 Code Section 36-44-5; amended 10 Code Sections 36-68-1 through 36-68-3; enacted 1080 Code Section 36-81-8; amended 10 Code Section 36-81-20; enacted 758 Code Section 36-82-200; enacted 344 Code Section 36-83-2; amended 205 Code Section 36-83-4; amended 205 Code Section 36-83-8; amended 205 Code Title 36, Chapter 85; enacted 1269 Code Sections 36-85-1 through 36-85-20; enacted 1496 Code Title 37, Chapter 2; revised 1213 Code Section 37-3-1; amended 1098 Code Section 37-3-43; amended 1098 Code Section 37-3-44; amended 1098 Code Section 37-3-64; amended 1098 Sections 37-3-80 through 37-3-85; revised 1098 Code Sections 37-3-90 through 37-3-95; enacted 1098 Code Section 37-3-150; amended 982 Code Section 37-4-2; amended 1092 Code Section 37-4-40.1; enacted 1092 Code Section 37-4-40.2; enacted 1092 Code Section 37-4-40.3; enacted 1092 Code Section 37-4-40.4; enacted 1092 Code Section 37-4-40.5; enacted 1092 Code Section 37-4-110; amended 982 Code Section 37-7-1; amended 1098 Code Section 37-7-43; amended 1098 Code Section 37-7-44; amended 1098 Code Section 37-7-64; amended 1098 Code Sections 37-7-80 through 37-7-85; revised 1098 Code Sections 37-7-90 through 37-7-95; enacted 1098 Code Section 37-7-150; amended 982 Code Section 37-8-34; amended 982 Code Section 40-2-8; amended 1053 Code Section 40-2-20; amended 1053 Code Section 40-2-20.1; enacted 1053 Code Section 40-2-29; amended 1333

Page XXVII

Code Section 40-2-29.1; amended 312 Code Section 40-2-29.2; amended 211 Code Section 40-2-29.4; enacted 201 , 223 , 275 , 288 , 290 , 850 , 852 Code Section 40-2-29.5; enacted 223 , 850 , 852 Code Section 40-2-29.6; enacted 223 Code Section 40-2-29.7; enacted 223 Code Section 40-2-37; amended 1053 Code Section 40-2-41; amended 1333 Code Section 40-2-61; amended 1333 Code Section 40-2-71.1; amended 626 Code Section 40-2-73; amended 1333 Code Section 40-2-75.1; enacted 427 Code Section 40-2-77; amended 1333 Code Section 40-3-22; amended 438 Code Section 40-3-27; amended 438 Code Section 40-3-30; amended 438 Code Section 40-3-31; amended 438 Code Section 40-3-32; amended 438 Code Section 40-3-33; amended 281 Code Section 40-5-2; amended 156 , 514 Code Section 40-5-22; amended 839 Code Section 40-5-53; amended 1002 Code Section 40-5-56; amended 184 Code Section 40-5-83.1; amended 839 Code Section 40-5-100; amended 395 Code Section 40-6-3; amended 834 Code Section 40-6-163; amended 819 Code Section 40-8-6.1; enacted 1210 Code Section 40-8-9; enacted 946 Code Section 40-8-21; amended 1185 Code Section 40-8-91; amended 802 Code Section 40-8-111; amended 501 Code Section 40-8-155; amended 1061 Code Section 40-8-156; amended 1061 Code Section 40-8-158; amended 1061 Code Section 40-8-159.1; amended 10 , 1061 Code Section 40-9-32; amended 10 Code Section 40-13-28; amended 982 Code Section 40-13-33; enacted 444 Code Sections 40-15-1 through 40-15-5; amended 181 Code Section 41-2-7; amended 10 , 1508 Code Section 41-2-8; amended 1508 Code Section 41-2-12; amended 1508 Code Section 42-2-2; amended 179 Code Section 42-5-2; amended 493 Code Section 42-5-34; amended 1170 Code Section 42-5-35; amended 1170 Code Section 42-5-41; repealed 1491 Code Section 42-5-59; amended 1596 Code Section 42-5-64; enacted 1596 Code Section 42-8-36; amended 492

Page XXVIII

Code Section 42-8-60; amended 218 Code Section 42-8-62; amended 442 Code Section 42-9-21; repealed 1491 Code Section 42-9-42; amended 1596 Code Section 42-9-43; amended 1596 Code Section 42-9-60; amended 1596 Code Section 43-1-20.1; enacted 1155 Code Sections 43-1A-1 through 43-1A-9; enacted 803 Code Section 43-4-2; amended 434 Code Section 43-4-17.1; enacted 434 Code Section 43-7-4; amended 766 Code Section 43-7-11; amended 766 Code Section 43-7-11.1; enacted 766 Code Section 43-7-12; amended 766 Code Section 43-7-13; amended 766 Code Section 43-7-16; amended 766 Code Section 43-7-22; repealed 766 Code Section 43-7-27; amended 766 Code Section 43-9-7; amended 831 Code Section 43-9-16; amended 1534 Code Section 43-10-1; amended 843 Code Section 43-10-2; amended 843 Code Section 43-10-8; amended 10 Code Section 43-10-9; amended 10 , 843 Code Section 43-10-12; amended 10 Code Section 43-10-20; amended 843 Code Section 43-11-74; amended 828 Code Section 43-13-6; amended 823 Code Section 43-13-6.1; amended 839 Code Section 43-17-2; amended 1465 Code Section 43-17-4; amended 1465 Code Section 43-17-10; amended 1465 Code Section 43-18-40; amended 10 Code Section 43-18-92; amended 855 Code Section 43-18-94; amended 855 Code Section 43-18-95; amended 855 Code Section 43-18-97; amended 855 Code Section 43-18-102; amended 855 Code Section 43-18-104; amended 855 Code Section 43-18-105; amended 855 Code Section 43-18-106; amended 855 Code Section 43-18-107; amended 855 Code Section 43-21-3.1; enacted 1212 Code Section 43-21-51; amended 449 Code Section 43-23-6; amended 430 Code Section 43-23-11; amended 430 Code Section 43-23-12; amended 430 Code Section 43-23-20; amended 430 Code Section 43-27-1; amended 846 Code Section 43-27-2; amended 846 Code Section 43-27-4; amended 846

Page XXIX

Code Section 43-27-5; amended 846 Code Section 43-27-6; amended 846 Code Section 43-27-7; amended 846 Code Section 43-27-12; amended 846 Code Section 43-33-3; amended 812 Code Section 43-33-5; amended 812 Code Section 43-33-6; amended 812 Code Section 43-33-10; amended 812 Code Section 43-33-12; amended 812 Code Section 43-33-13; amended 812 Code Section 43-33-14; amended 812 Code Section 43-33-16; amended 812 Code Section 43-33-17; amended 812 Code Section 43-33-21; amended 812 Code Section 43-34-21; amended 304 Code Section 43-34-140 through 43-34-151; enacted 264 Code Section 43-36-4; amended 10 Code Section 43-36-13; amended 10 Code Section 43-38-5; amended 751 Code Section 43-38-6; amended 751 Code Section 43-38-11; amended 751 Code Title 43, Chapter 39; revised 473 Code Section 43-40-8; amended 364 Code Section 43-40-12; amended 364 Code Section 43-40-15; amended 364 Code Section 43-40-19; amended 364 Code Section 43-40-20; amended 364 Code Section 43-40-22; amended 10 Code Section 43-40-25; amended 10 , 364 Code Section 43-40-25.1; enacted 364 Code Section 43-40-29; amended 364 Code Section 43-48-2; amended 465 Code Section 43-48-17.1; repealed 465 Code Section 44-1-14; amended 922 Code Section 44-3-3; amended 10 Code Section 44-3-9; amended 10 Code Section 44-3-13; amended 10 Code Section 44-3-111; amended 942 Code Section 44-3-131; amended 10 , 1468 Code Section 44-3-132; amended 1468 Code Section 44-3-133; amended 1468 Code Section 44-3-134; amended 10 , 1468 Code Section 44-3-135; amended 1468 Code Section 44-3-136; amended 10 Code Section 44-3-140; amended 1468 Code Section 44-3-162; amended 10 Code Section 44-3-168; amended 10 Code Section 44-3-171; amended 10 Code Section 44-3-188; amended 1313 Code Section 44-4-25; amended 10 Code Section 44-5-143; amended 645

Page XXX

Code Section 44-5-143.1; enacted 645 Code Section 44-5-145; amended 645 Code Section 44-7-50; amended 1446 Code Section 44-9-59; amended 982 Code Section 44-12-194; amended 10 Code Section 44-12-198; amended 10 Code Section 44-13-1.1; enacted 10 Code Section 44-13-2; amended 10 Code Section 44-14-3; amended 754 Code Section 44-14-67; amended 754 Code Section 44-14-142; amended 1002 Code Section 44-14-470; amended 222 Code Section 45-3-1; amended 168 Code Section 45-5-1; amended 996 Code Section 45-5-5; amended 996 Code Section 45-5-6; amended 600 Code Section 45-5-6.1; enacted 600 Code Section 45-7-4; amended 877 Code Section 45-7-9; enacted 1491 Code Section 45-7-21; amended 10 Code Section 45-9-4; amended 150 Code Section 45-9-81; amended 1478 Code Section 45-9-83; amended 10 Code Section 45-10-25; amended 10 Code Section 45-11-8; amended 303 Code Section 45-12-23; amended 855 Code Section 45-12-24; amended 855 Code Section 45-12-40; enacted 178 Code Section 45-12-93; amended 10 Code Section 45-13-20; amended 1608 Code Section 45-13-24; amended 1608 Code Title 45, Chapter 14; revised 855 Code Section 45-16-1; amended 10 Code Section 45-16-10; enacted 1594 Code Section 45-16-27; amended 10 , 1594 Code Section 45-16-34; amended 1594 Code Section 45-16-63; amended 10 Code Section 45-16-65; amended 10 Code Section 45-17-1; amended 1446 Code Section 45-17-1.1; enacted 1446 Code Section 45-17-2; amended 1446 Code Section 45-17-2.1; amended 10 , 1446 Code Section 45-17-6; amended 1446 Code Section 45-17-8; amended 1446 Code Section 45-17-8.1; amended 1446 Code Section 45-17-10; amended 1446 Code Section 45-18-52; amended 10 Code Section 45-18-54; amended 10 Code Section 45-18-56; amended 10 Code Sections 45-18-70 through 45-18-72; enacted 1489 Code Section 45-19-32; amended 10

Page XXXI

Code Section 45-19-36; amended 10 Code Section 45-20-2; amended 469 Code Section 46-1-1; amended 1283 Code Section 46-1-2; amended 37 Code Section 46-2-28; amended 1518 Code Section 46-7-1; repealed 1283 Code Section 46-7-7; amended 1283 Code Section 46-7-15; amended 1283 Code Section 46-7-16; amended 1283 Code Section 46-7-22; repealed 1283 Code Section 46-7-35; repealed 1283 Code Section 46-7-51; repealed 1283 Code Section 46-7-53; amended 1283 Code Section 46-7-60; amended 1283 Code Section 46-7-61; amended 1283 Code Section 46-7-66; amended 1283 Code Section 46-7-69.1; enacted 1283 Code Section 46-8-40; amended 855 Code Section 46-8-232; amended 308 Code Section 46-10-9; amended 283 Code Section 47-1-11; enacted 1233 , 1240 Code Section 47-2-1; amended 1543 Code Section 47-2-96; amended 1233 Code Section 47-2-201; amended 999 Code Section 47-2-244; amended 1329 Code Section 47-2-264; amended 1250 Code Section 47-2-295; amended 1550 Code Section 47-2-296; amended 1266 Code Section 47-2-334; amended 130 , 1233 Code Section 47-3-1; amended 1543 Code Section 47-3-43; amended 375 Code Section 47-3-48; amended 375 Code Section 47-3-60; amended 1543 , 1547 Code Section 47-3-81; amended 1543 Code Section 47-3-83; amended 1552 Code Section 47-3-84.1; enacted 1531 Code Section 47-3-85; amended 1258 Code Section 47-3-90; enacted 1536 Code Section 47-3-120; amended 620 , 1262 Code Section 47-3-124; amended 620 Code Section 47-3-126.2; enacted 620 Code Section 47-6-1; amended 30 Code Section 47-6-60; amended 1255 Code Section 47-6-80; amended 1255 Code Section 47-9-70; amended 1326 Code Section 47-9-73; amended 1265 , 1326 Code Section 47-9-76; amended 1257 Code Section 47-11-50; amended 1494 Code Section 47-11-71; amended 1249 Code Section 47-11-73; enacted 1249 Code Section 47-14-70; amended 30 , 1252

Page XXXII

Code Section 47-14-71; amended 1252 Code Section 47-14-74; amended 1252 Code Section 47-14-75; amended 1252 Code Section 47-16-61; amended 604 Code Section 47-16-101; amended 604 Code Section 47-16-102; amended 607 Code Section 47-17-80; amended 609 Code Section 47-17-81; amended 30 , 609 Code Section 47-19-1; amended 999 Code Section 47-20-30; amended 30 Code Section 48-2-44; amended 1322 Code Section 48-5-7.1; amended 820 Code Section 48-5-42.1; enacted 878 Code Section 48-5-48.3; enacted 1445 Code Section 48-5-126.1; amended 502 Code Section 48-5-141; amended 10 Code Section 48-5-165; amended 274 Code Section 48-5-210; amended 495 , 1229 Code Section 48-5-211; enacted 1229 Code Section 48-5-290; amended 1322 Code Section 48-5-304; amended 747 Code Section 48-5-311; amended 419 Code Section 48-5-314; enacted 747 Code Section 48-5-440; amended 180 Code Section 48-5-473; amended 1053 Code Section 48-6-20; amended 769 Code Section 48-6-21; amended 769 Code Section 48-6-22; amended 769 Code Section 48-6-23; amended 769 Code Section 48-7-27; amended 749 , 1480 Code Section 48-7-82; amended 1480 Code Section 48-7-161; amended 825 Code Section 48-7-165; amended 10 Code Section 48-8-3; amended 10 , 1453 , 1459 , 1464 , 1467 , 1584 Code Section 48-8-111; amended 10 Code Section 48-9-3; amended 10 Code Section 48-10-7; amended 1053 Code Section 48-10-8; amended 1053 Code Section 48-11-2; amended 468 Code Section 49-2-14; enacted 1225 Code Section 49-4-17.1; repealed 410 Code Section 49-4-108; enacted 410 , 881 Code Section 49-4-142; amended 486 Code Section 49-4-172; amended 982 Code Section 49-5-7; amended 277 Code Section 49-5-12; amended 1038 Code Section 49-5-12.1; enacted 1038 Code Section 49-5-60; amended 822 Code Section 49-5-63; amended 10 Code Sections 49-5-90 through 49-5-92; enacted 662 Code Sections 49-5-90 through 49-5-94; enacted 669

Page XXXIII

Code Section 50-1-3; amended 174 Code Section 50-5-10; amended 855 Code Section 50-5-124; amended 10 Code Section 50-8-99.1; enacted 1049 Code Section 50-8-101; amended 1049 Code Sections 50-9-80 through 50-9-84; enacted 829 Code Section 50-10-2; amended 705 Code Section 50-10-3; amended 705 Code Section 50-10-4; amended 10 Code Sections 50-10-4 through 50-10-10; amended 705 Code Section 50-10-5; amended 656 Code Sections 50-10-11 through 50-10-21; repealed 705 Code Section 50-12-20; amended 174 Code Section 50-12-21; amended 174 Code Section 50-12-22; amended 174 Code Section 50-12-23; amended 174 Code Section 50-12-24; amended 174 Code Section 50-12-25; amended 174 Code Section 50-12-26; amended 174 Code Section 50-13-21; amended 855 Code Section 50-16-17; enacted 316 , 506 Code Section 50-16-34; amended 10 Code Section 50-16-44; amended 1187 Code Section 50-16-122; amended 1483 Code Section 50-16-123; amended 1483 Code Section 50-16-124; amended 1483 Code Section 50-16-161; amended 826 Code Sections 50-16-180 through 50-16-183; enacted 1187 Code Section 50-17-23; amended 339 Code Section 50-17-25; amended 339 Code Section 50-17-27; amended 339 Code Section 50-17-50; amended 855 Code Section 50-17-51; amended 10 Code Section 50-18-31; amended 855 Code Section 50-18-72; amended 1090 Code Section 50-18-120; amended 1154 Code Section 50-18-121; amended 1154 Code Section 50-18-122; repealed 1154 Code Section 50-18-123; repealed 1154 Code Section 50-18-124; repealed 1154 Code Section 50-18-125; repealed 1154 Code Section 50-18-126; repealed 1154 Code Section 50-19-7; amended 356 Code Section 50-19-23; amended 338 Code Title 50, Chapter 23; enacted 569 Code Section 51-4-2; amended 10 Code Section 51-5-11; amended 272 Code Section 51-11-9; enacted 515 Code Section 52-2-30; amended 164 Code Section 52-6-45; amended 482 Code Section 52-7-12; amended 612

Page XXXIV

Code Section 53-3-22; amended 982 Code Section 53-3-23; amended 982 Code Section 53-3-80; enacted 436 Code Section 53-5-2; amended 1272 Code Section 53-5-4; amended 1272 Code Section 53-5-6; amended 1272 Code Section 53-5-7; amended 1272 Code Section 53-5-8; amended 1272 Code Section 53-5-9; amended 1272 Code Section 53-5-10; amended 1272 Code Section 53-5-12; amended 1272 Code Section 53-5-21; amended 982 Code Section 53-6-24; amended 200 Code Section 53-7-97; amended 982 Code Section 53-7-187; amended 982 Code Section 53-8-2; amended 1553 Code Section 53-8-9; enacted 882 Code Section 53-8-42; amended 982 Code Section 53-9-26; amended 982 Code Section 53-13-16; amended 10 CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS Acworth Downtown Development Authority 4386 Adairsville Development Authority 4696 Adel; bonds 3875 Atlanta; ad valorem taxes to retire city revenue obligations 4828 Atlanta; assumption of Fulton County School District debt; annexation of territory by city 4814 Atlanta; bonded indebtedness for water and solid waste disposal systems 4818 Atlanta; collection of city taxes by county tax commissioner 4037 Atlanta; freeport exemption; urban enterprise zones 4426 Atlanta; $45 million bonded indebtedness for school facilities and equipment 4564 Atlanta; Fulton County; and DeKalb County; hospital authorities; contracts 4783 Atlanta; Fulton County, and DeKalb County; bonds; grandstands and stadiums 4786 Atlanta; historic zones 4826 Atlanta; issuance of bonds for municipal purposes without a referendum 4824 Atlanta; issuance of bonds for school purposes without a referendum 4822 Atlanta; maximum indebtedness 4816 Atlanta; revenue bonds for off-street parking facilities 4830 Atlanta; revenue bonds; water works and sanitation systems 4810 Atlanta; school system; annexation of territory by the city 4812 Atlanta; stadium 4047 Atlanta; urban enterprise zones; taxation 4424 Austell; discount for prompt payment of ad valorem taxes 4389 Austell; homestead exemption 4384 , 4414 Austell; homestead exemption for persons 65 or over 4391 Banks County; business licenses and taxes 5365 Berrien County Industrial Building Authority 3877 Brooks County Development Authority 4739

Page XXXV

Butts County Industrial Development Authority 3848 Calhoun County; board of education 3940 Camden County; board of education 4363 Cartersville Development Authority 4694 Cedartown Development Authority 5070 Chatham County; civil service systems 4222 Chatham County; construction and maintenance of streets; assessments 4214 Chatham County; General Hospital Authority of West Chatham County 4352 Chatham County; homestead exemptions for persons who are 65 or disabled 4219 Chatham County; homestead exemption from school taxes 4354 Chatham County; ordinances; occupational license taxes; recorder's court 4560 Chatham County; payment of property taxes 4217 Chattahoochee County; board of education 4311 Chattahoochee County; business license fees and taxes 4315 Chattahoochee County; county school superintendent; appointment 4313 Chattahoochee County; sheriff 4319 Chattahoochee County Industrial Development Authority 4317 Chattooga County Development Authority 4556 Cities of 150,000 or more; street improvement bonds 4808 Cities of more than 300,000; courts 4820 Cities of more than 400,000; demolition, of buildings on private premises 4566 City of Covington Parking Authority 3871 City of Dalton Building Authority 5547 City of Perry Industrial Building Authority 4194 Clayton County; board of education; school superintendent 5013 Clayton County; business licenses and regulation 4762 Clayton County; civil service system 5573 Clayton County; ordinances; penalties 5011 Clayton County; waterworks and sewerage system; bonds 5009 Cobb County; alcoholic beverage taxes; school districts 4052 Cobb County and municipalities therein; abolished municipalities 4412 Cobb County and municipalities therein; alcoholic beverages; allocation of taxes to schools 4594 Cobb County; board of education 4055 Cobb County; board of education; enactment of legislation without a referendum 4057 Cobb County; board of education; reapportionment of education districts 4416 Cobb County; board of education; school superintendent 4511 Cobb County; business licenses and taxes 5450 Cobb County; civil service system 4505 Cobb County; fire protection districts 4501 Cobb County; medical examiner 4507 Cobb County; ordinances; penalties 4410 Cobb County; sewerage system; bonds 4509 Cobb County; solid waste facilities; bonds 4408 Columbus, Georgia; ad valorem taxation of personal property in transit or stored 3803 Columbus, Georgia; appropriations for advertising and promotion 3788 Columbus, Georgia; charter review commission 3805 Columbus, Georgia; consolidation of city and county governments 3784 Columbus, Georgia; homestead exemptions 3798

Page XXXVI

Columbus, Georgia; Muscogee County Health Department 3774 Columbus, Georgia; Muscogee County; homestead exemptions 3796 Columbus, Georgia; Muscogee County Industrial Development Authority 3782 Columbus, Georgia; Muscogee County; merger of school systems 3772 Columbus, Georgia; Muscogee County School District; homestead exemptions 3794 Columbus, Georgia; revenue bonds 3790 Columbus, Georgia; school district; homestead exemptions 3792 Columbus, Georgia; street improvement bonds 3786 Columbus, Georgia; valuation of homestead property 3800 Columbus Airport Commission 3776 Columbus Building Authority 3778 Columbus-Muscogee County Port Development Commission 3780 Counties of 550,000 or more; county-wide public library system 4832 DeKalb County; board of education; operation of a junior college 4333 DeKalb County, Fulton County, and Atlanta; bonds; grandstands and stadiums 4786 DeKalb County; Fulton County; and Atlanta; hospital authorities; contracts 4783 DeKalb County; garbage and solid waste collection and disposal contracts 5047 DeKalb County; municipalities as special services tax districts 4615 Dodge County; board of education; elections 4536 Dodge County-Eastman Development Authority 4534 Downtown Dalton Development Authority 3881 Downtown Marietta Development Authority 4503 Downtown Savannah Authority 4201 Downtown Smyrna Development Authority 3957 Downtown Statesboro Development Authority 4655 Downtown Waycross Development Authority 3906 Early County Development Authority 4618 Eastern Judicial Circuit; judges pro hac vice 4357 East Point Business and Industrial Development Authority 4461 Effingham County Industrial Development Authority 3886 Emanuel County Development Authority 4741 Forsyth County; merit or civil service system 4573 Fulton County and political subdivisions therein; ad valorem taxation; procedures 4432 Fulton County, Atlanta, and DeKalb County; bonds; grandstands and stadiums 4786 Fulton County; Atlanta; freeport exemption; urban enterprise zones 4426 Fulton County; board of commissioners; advertising and promoting the county 4029 Fulton County; board of commissioners; board of education; branch offices 4043 Fulton County; business licenses and taxes 4045 Fulton County; civil service system 4420 Fulton County; civil service system; coverage 4452 Fulton County; county officers; chief clerks, assistants, or deputies 4774 Fulton County; DeKalb County; Atlanta; hospital authorities; contracts 4783 Fulton County; detention facilities 4428 Fulton County; expenditure of county funds to support state-owned institutions 4450 Fulton County; garbage disposal districts 4454 Fulton County; general obligation bonds for certain public improvements; issuance without a referendum 4444 Fulton County; governing authority; powers, responsibilities, and limitations 4442 Fulton County; grants to municipalities for recreational programs 4436

Page XXXVII

Fulton County; homestead exemption for residents who are disabled or 65 or older 4434 Fulton County; homestead exemptions; nonprofit cooperative ownership housing corporation stockholders 4448 Fulton County; landfills 4418 Fulton County; medical examiner 4031 Fulton County; operation of recreational programs in cities of 5,000 or less 4446 Fulton County; ordinances 4027 Fulton County; pension system; participation 4039 Fulton County; recreational programs in cities of not more than 5,000 4035 Fulton County; retirement system; increases in benefits 4041 Fulton County; services districts; taxation 4430 Fulton County; sewerage, water, and fire prevention systems; parks; taxes 4422 Fulton County; stadium 4047 Fulton County; street improvements 4033 Fulton County; tax commissioner; chief deputy 4440 Fulton County; tax commissioner; collection of taxes for the City of Atlanta 4037 Fulton County; tax commissioner; uncollectible checks for automobile license tags 4049 Fulton County; urban enterprise zones; taxation 4424 Fulton County Industrial District; educational taxation 4438 Gainesville and Hall County Development Authority 4328 General Hospital Authority of West Chatham County 4352 Griffin Development Authority 3915 Gwinnett County; board of education; school superintendent 4626 Gwinnett County; business license taxes; solid waste disposal; ambulance service; cable television 4624 Gwinnett County; fire protection districts; sewerage districts 4554 Gwinnett County; garbage disposal; landfills; sanitation districts 4547 Gwinnett County; merit system 4621 Gwinnett County; ordinances; speed limits; bridges; truck routes 5359 Gwinnett County; water, sanitation, sewerage, and fire protection districts 4629 Gwinnett County Industrial Building Authority 4549 Habersham County; board of education; borrowing 3827 Habersham County; homestead exemption from school taxes 3807 Hall County; board of education 4330 Hall County; business and occupation licenses and taxes 5344 Hall County; civil service system 4324 Hall County; powers of taxation; assessment dates; tax bills 4321 Haralson County; contracts for lease or acquisition of a county courthouse 4690 Henry County; business licenses and taxes; racetracks 4806 Houston County; county school system; local sales and use tax 4715 Houston County and county school district; limits on ad valorem taxes 4209 Jackson County; board of education; school superintendent 5061 Jackson County; jurisdiction of the Georgia Bureau of Investigation 4704 Jackson County Industrial Development Authority 4702 Jasper County Industrial Development Authority 4155 Jefferson County and local taxing jurisdictions therein; discount for early payment of ad valorem taxes 4404 Joint city-county boards of tax assessors in counties having a city of 300,000 or more 4456

Page XXXVIII

Kingsland Development Authority 4365 Macon; preferential city tax assessments for revitalized or rehabilitated residential property 5002 Macon-Bibb County Board of Health 4682 Macon-Bibb County; consolidation of tax assessments and collection 5533 Macon-Bibb County Industrial Authority 4685 Macon-Bibb County Urban Development Authority 4698 Macon-Bibb County; zoning and planning 5308 Marietta; board of lights and water works 4059 Marietta; bonded indebtedness for educational purposes 4406 Marietta; combined water, sewerage, and electric systems; bonds 5509 Meriwether County; board of education; school superintendent 3838 Meriwether County Development Authority 3840 Monroe County; grand jury; arbitration of disputes relating to county matters 4150 Monroe County Industrial Development Authority 4584 Muscogee County; ad valorem taxation of personal property in transit or stored 3803 Muscogee County; appropriations for advertising and promotion 3788 Muscogee County; charter review commission 3805 Muscogee County; Columbus Building Authority 3778 Muscogee County; Columbus, Georgia; merger of school systems 3772 Muscogee County; Columbus-Muscogee County Port Development Commission 3780 Muscogee County; consolidation of city and county governments 3784 Muscogee County; homestead exemptions 3796 Muscogee County; homestead exemptions 3798 Muscogee County; revenue bonds 3790 Muscogee County; school district; homestead exemptions 3792 Muscogee County; school district; homestead exemptions 3794 Muscogee County; street improvement bonds 3786 Muscogee County; valuation of homestead property 3800 Muscogee County Health Department 3774 Muscogee County Industrial Development Authority 3782 Newton County; business licenses; sports activities; taxes 3908 Newton County; ordinances; enforcement 4468 Newton County; sewerage, water, sanitation, garbage collection, landfill, and fire districts 4571 Newton County; tax assessments, levies, bills, notices, and payments 4568 Oconee County; board of education 4562 Oglethorpe County Development Authority 3852 Paulding County Industrial Building Authority 5690 Perry Industrial Building Authority 4194 Powder Springs Downtown Development Authority 4513 Quitman County Industrial Development Authority 3857 Randolph County Development Authority 3855 Richmond County; advertisment and promotion of the county 4480 Richmond County; incinerators; garbage and refuse facilities; bonds 4483 Rockdale County; board of education 4018 Rockdale County; school superintendent 4016 Rockmart Development Authority 5488 Savannah; historic zones 5077 Savannah; homestead exemption from school taxes 4354

Page XXXIX

Savannah; issuance of bonds without a referendum 4199 , 4837 Savannah Airport Commission 4203 Screven County; ad valorem tax exemption for qualifying manufacturing establishments 5697 Screven County Industrial Development Authority 5694 Smyrna; homestead exemption 5525 Smyrna; homestead exemption for disabled residents 5523 Stephens County Development Authority 4153 Stewart County; board of education; elections 3859 Stewart County; Chattahoochee River bridges 3863 Stewart County; electrical system 3861 Stewart County; natural gas system 3865 Stewart County Industrial Development Authority 3867 Tallapoosa Development Authority 4688 Telfair County; county officers; ineligibility to hold office 4527 Troup County; board of education; school superintendent; Act continuing local constitutional amendment repealed; referendum 3515 Turner County Development Authority 4708 Waco Development Authority 4692 Walton Industrial Building Authority 4730 Ware County; county manager 3679 Ware County; sheriff; county police force; powers 4373 Ware County; tax to promote new industry 3904 Ware County; Waycross and Ware County Development Authority 4379 Waycross; bonds for water works system 4375 Waycross; Downtown Waycross Development Authority 3906 Waycross; tax to promote new industry 4377 Waycross and Ware County Development Authority 4379 Webster County Industrial Development Authority 4619 West Jackson Fire District 4661 COURTS SUPREME COURT Appeals from probate courts in counties of more than 150,000 982 Attorneys; admission to practice; fingerprints; criminal records checks 279 Justices; retirement age 1329 COURT OF APPEALS Appeals from probate courts in counties of more than 150,000 982 Judges; retirement age 1329 SUPERIOR COURTS Appalachian Judicial Circuit; terms 230 Appeals from probate courts in counties of more than 150,000 abolished 982 Appeals from the Department of Human Resources and county boards of health 1280 Augusta Judicial Circuit; number of judges 417

Page XL

Brantley County; clerk placed on annual salary 4589 Bulloch County; clerk; employees' compensation 5556 Butts County; clerk; compensation 4165 Carroll County; clerk; compensation 5080 Chatham County; clerk; compensation 4797 Chatham County; venue; Georgia Ports Authority 164 Chattahoochee Judicial Circuit; assistant district attorneys; compensation 4793 Cherokee Judicial Circuit; assistant district attorney 4401 Clarke County; district attorney; personnel 4840 Clayton County; clerk; sheriff; compensation; deputy clerk 5566 Clayton Judicial Circuit; district attorney; supplement 4760 Clayton Judicial Circuit; judges; supplement 4756 Clerks; annual training; reimbursement of expenses 213 Clerks; fees and costs 1002 Clerks; first offenders; entries on criminal dockets and other records 442 Clerks; minimum annual salaries 833 Cobb County; clerk and deputy clerk; compensation 4581 Cobb Judicial Circuit; district attorney; salary supplement; investigators; assistant district attorneys 4726 Cobb Judicial Circuit; judges; salary supplements 3949 Dougherty Judicial Circuit; judges; supplements 3708 Eastern Judicial Circuit; judges pro hac vice; local constitutional amendment continued 4357 Hall County; Lake Lanier Islands Development Authority; venue 377 Henry County; clerk; compensation 4171 Judges; continuing judicial education expenses; secretaries' base salaries 794 Law clerks; payments to counties employing more than one law clerk 1488 Mountain Judicial Circuit; district attorney's investigator; compensation 5493 Mountain Judicial Circuit; terms 1526 Northeastern Judicial Circuit; additional judge 160 Piedmont Judicial Circuit; additional judge 163 Quitman County; clerk placed on an annual salary 4545 Stone Mountain Judicial Circuit; additional judge 423 Superior Court Judges Retirement System; retirement age; spouses' benefits 1326 Upson County; clerk placed on an annual salary 4612 Walker County; clerk of the superior court; personnel; compensation 4142 Western Judicial Circuit; district attorney; personnel 4840 JUVENILE COURTS Cobb County; judge's compensation 4772 Designated felony acts; discharge from custody; motions; time limits 192 Designated felony acts; services and treatment of children; disposition of children upon reaching 17 years of age 277 Employees of juvenile detention facilities; retirement 1550 Termination of parental rights 1017 PROBATE COURTS Brantley County; judge placed on annual salary 4589 Bulloch County; clerk's compensation; part-time employees 4744

Page XLI

Catoosa County; clerical help for the judge 4722 Chatham County; judge; clerk; compensation 4797 Clayton County; judge; compensation 4758 Cobb County; judge; clerk; compensation 4065 Counties of more than 150,000; practice and procedures; jury trials; appeals; new trials 982 Henry County; judge; compensation 4171 Judges; qualifications; vacancies; chief clerks 1581 Judges; vacancies in office of county commissioner; duties 328 Oconee County; judge of the probate court; treasurer's office abolished 3895 Pistol licenses; residency requirements; jurisdiction 481 STATE COURTS Chatham County; judge; clerk; compensation 4797 Chattooga County; judge; practice of law; office facilities; solicitor's qualifications 4540 Clarke County; judge; compensation 5075 Clayton County; deputy clerk; compensation of judge and solicitor; fines and forfeitures 5569 Cobb County; assistant solicitors; compensation of solicitor, chief assistant, and assistant solicitors 5065 Cobb County; clerk; chief deputy clerk; compensation 4458 Cobb County; costs 5049 Cobb County; judges; compensation 4700 DeKalb County; additional assistant solicitors 4466 DeKalb County; fees 4631 Fees in civil actions 604 Gwinnett County; judges; solicitor; compensation 5356 Miller County; judge and solicitor; salary 3921 Solicitors; residency requirements 171 Toombs County; judge and solicitor; compensation; clerical assistance 4586 Walker County; judge and solicitor; compensation and expenses 4144 MAGISTRATE COURTS Chatham County; chief magistrate; compensation 4797 Chatham County; judge emeritus; additional magistrates; compensation 5527 Constables; minimum age 198 Costs and jail fees; committal hearings Douglas County; chief magistrate; compensation 5063 Fees in civil actions 604 Henry County; law library fees 3890 Municipal court services; contracts 787 Prejudgment attachment; default judgments; appeals; executions; clerks 701 Putnam County; chief magistrate and clerk; compensation 3953 MUNICIPAL, RECORDERS', AND POLICE COURTS Athens; municipal court; creation 3883 Athens; municipal court; establishment 5761

Page XLII

Chatham County; judge; compensation 4797 Chatham County; recorder's court; local constitutional amendment continued 4560 Emerson; mayor's court established 4338 Lyons; recorder's court; appeals; certiorari 4795 Macon; municipal court; standby substitute judges; compensation of judges 5739 Magistrate courts; services; contracts 787 Marietta; municipal court; penalties 5812 Marietta; municipal court; probation office 5068 Marshallville; mayor's or recorder's court; fines 3879 Municipal courts; creation and jurisdiction 784 Newington; mayor's or recorder's court; penalties 5776 Roswell; recorder 3665 Thomaston; mayor's court; fines; arrests 5816 Traffic courts in cities of more than 300,000; senior judges 455 White; mayor's court; judge; certiorari 4342 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Banks County; business licenses and taxes; local constitutional amendment continued 5365 Banks County; staggered motor vehicle registration periods 5640 Banks County; superior court; additional judge 163 Barrow County Airport Authority; creation 5518 Barrow County; board of commissioners; records; bids; purchases; sessions 4542 Barrow County; staggered motor vehicle registration periods 5644 Barrow County; superior court; additional judge 163 Bartow County; assistant district attorney 4401 Bartow County; homestead exemption from school district taxation for certain residents 62 or over; referendum 5361 Berrien County Industrial Building Authority; local constitutional amendment continued 3877 Bibb County and Macon; zoning and planning; local constitutional amendment continued 5308 Bibb County; board of public education and orphanage; compensation 3809 Bibb County; Macon-Bibb County Board of Health; local constitutional amendment continued 4682 Bibb County; Macon-Bibb County Industrial Authority; local constitutional amendment continued 4685 Bibb County; Macon-Bibb County Transit Authority; board members; insurance; immunity 4601 Bibb County; Macon-Bibb County Urban Development Authority; local constitutional amendment continued 4698 Bibb County-Macon; consolidation of tax assessments and collection 5533 Bibb County; office of treasurer abolished 5294 Bibb County; redevelopment powers; referendum 4736 Bibb County; staggered motor vehicle registration periods; referendum 5620 Brantley County; clerk of the superior court; judge of the probate court; tax commissioner; annual salaries in lieu of fees 4589 Brantley County; conveyance of state owned real property to the county 567

Page XLIII

Brooks County Development Authority; local constitutional amendment continued 4739 Bulloch County; board of commissioners; chairman; clerk; deputy clerk 4732 Bulloch County; clerk of the superior court; employees' compensation 5556 Bulloch County; coroner; compensation; travel expenses 4748 Bulloch County; judge of the probate court; clerk's compensation; part-time employees 4744 Bulloch County; sheriff; deputies and employees; compensation; number 5007 Bulloch County; staggered motor vehicle registration periods; referendum 5627 Bulloch County; tax commissioner; assistants' compensation; part-time employees 4746 Burke County; staggered motor vehicle registration periods 5612 Burke County; superior court; number of judges 417 Butts County; board of commissioners; vice chairman; vacancies 5026 Butts County; business licenses; penalties 3846 Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority; creation; Butts County Water Authority abolished 5457 Butts County; clerk of the superior court; compensation 4165 Butts County Industrial Development Authority; local constitutional amendment continued 3848 Butts County; tax commissioner; compensation 5260 Calhoun County; board of education; local constitutional amendment continued 3940 Camden County; board of education; local constitutional amendment continued 4363 Camden County; business and occupational license taxes 4558 Camden County; staggered motor vehicle registration periods; referendum 5647 Candler County; Metter-Candler County Airport Authority created 4638 Carroll County; board of education; compensation and expenses 4720 Carroll County; board of education; elections 4734 Carroll County; civil service board; composition; terms; officers; appeals 4596 Carroll County; clerk of the superior court; compensation 5080 Carroll County Government Authority Study Commission; creation 5654 Catoosa County; board of utilities commissioners; compensation 5535 Catoosa County; commissioner; compensation; personnel 3540 Catoosa County; commissioner; hospitalization insurance for certain elected officers; budgets; bids 5538 Catoosa County; judge of the probate court; clerical help 4722 Catoosa County; tax commissioner; compensation; help 5135 Chatham Area Transit Authority created 5082 Chatham County; board of commissioners; transit services 5315 Chatham County; civil service systems; local constitutional amendment continued 4222 Chatham County; construction and maintenance of streets; assessments; local constitutional amendment continued 4214 Chatham County; county and judicial officers; compensation 4797 Chatham County; Eastern Judicial Circuit; judges pro hac vice; local constitutional amendment continued 4357 Chatham County; General Hospital Authority of West Chatham County; local constitutional amendment continued 4352 Chatham County; homestead exemption from school taxes; local constitutional amendment continued 4354

Page XLIV

Chatham County; homestead exemptions; local constitutional amendment continued 4219 Chatham County; magistrate court; judge emeritus; additional magistrates; compensation 5527 Chatham County; ordinances; occupational license taxes; recorder's court; local constitutional amendment continued 4560 Chatham County; payment of property taxes; local constitutional amendment continued 4217 Chatham County; superior court; venue; Georgia Ports Authority 164 Charlton County; county attorney; residence 5701 Charlton County; tax commissioner; compensation; fees 4790 Chattahoochee County; board of education; local constitutional amendment continued 4311 Chattahoochee County; business license fees and taxes; local constitutional amendment continued 4315 Chattahoochee County; county school superintendent; appointment; local constitutional amendment continued 4313 Chattahoochee County Industrial Development Authority; local constitutional amendment continued 4317 Chattahoochee County; sheriff; local constitutional amendment continued 4319 Chattahoochee County; sheriff; operating expenses 4575 Chattooga County; board of commissioners created; referendum 5138 Chattooga County Development Authority; local constitutional amendment continued 4556 Chattooga County Hospital Authority; vacancies 4635 Chattooga County; local sales and use tax for education; formula for allocation 3712 Chattooga County; state court; judge; practice of law; office facilities; solicitor's qualifications 4540 Cherokee County; board of commissioners; creation; referendum 3635 Cherokee County; board of education; appointment of chairman; terms; vacancies 4393 Cherokee County Water and Sewerage Authority; powers; street lights; electrical service billing 4776 Clarke County; coroner; compensation 4710 Clarke County; district attorney; personnel 4840 Clarke County; state court; judge; compensation 5075 Clayton County; board of commissioners; vice-chairman; compensation of members 5563 Clayton County; board of education; chairman; terms; vacancies 4752 Clayton County; board of education; school superintendent; local constitutional amendment continued 5013 Clayton County; board of education; vacancies 4754 Clayton County; business licenses and regulation; local constitutional amendment continued 4762 Clayton County; civil service system; local constitutional amendment continued 5573 Clayton County; coroner; compensation 5015 Clayton County; employee pensions; benefits 5663 Clayton County; homestead exemptions; referendum 5019 Clayton County; judge of the probate court; compensation 4758

Page XLV

Clayton County; ordinances; penalties; local constitutional amendment continued 5011 Clayton County; purchases 5668 Clayton County; sheriff; clerk of the superior court; compensation; deputy clerk 5566 Clayton County; state court; deputy clerk; compensation of judge and solicitor; fines and forfeitures 5569 Clayton County; tax commissioner; deputy tax commissioner; compensation 5017 Clayton County; waterworks and sewerage system; bonds; local constitutional amendment continued 5009 Clayton Judicial Circuit; district attorney; supplement 4760 Clayton Judicial Circuit; judges; supplement 4756 Cobb County; alcoholic beverages; taxes; school districts; local constitutional amendment continued 4052 Cobb County and municipalities therein; abolished municipalities; local constitutional amendment continued 4412 Cobb County and municipalities therein; alcoholic beverage taxes; allocation to schools; local constitutional amendment continued 4594 Cobb County; board of commissioners; compensation; chairman 4157 Cobb County; board of education; compensation 4024 Cobb County; board of education; enactment of legislation without a referendum; local constitutional amendment continued 4057 Cobb County; board of education; local constitutional amendment continued 4055 Cobb County; board of education; reapportionment of education districts; local constitutional amendment continued 4416 Cobb County; board of education; school superintendent; local constitutional amendment continued 4511 Cobb County; business licenses and taxes; local constitutional amendment continued 5450 Cobb County; chief deputy sheriff; chief investigator; compensation 5312 Cobb County; civil service system; coverage 5448 Cobb County; civil service system; local constitutional amendment continued 4505 Cobb County; clerk and deputy clerk of the superior court; compensation 4581 Cobb County; fire protection districts; local constitutional amendment continued 4501 Cobb County; homestead exemption; county and school district purposes; referendum 4370 Cobb County; judge and clerk of the probate court; compensation 4065 Cobb County; juvenile court; judge's compensation 4772 Cobb County-Marietta Water Authority; bonding limits; compensation; vacancies; competitive bidding 5296 Cobb County; medical examiner; local constitutional amendment continued 4507 Cobb County; ordinances; penalties; local constitutional amendment continued 4410 Cobb County; sewerage system; bonds; local constitutional amendment continued 4509 Cobb County; solid waste facilities; bonds; local constitutional amendment continued 4408 Cobb County; South Cobb County Courthouse Facilities Study Commission 4021 Cobb County; state court; assistant solicitors; compensation of solicitor, chief assistant, and assistant solicitors 5065 Cobb County; state court; clerk; chief deputy clerk; compensation 4458 Cobb County; state court; costs 5049

Page XLVI

Cobb County; state court; judges; compensation 4700 Cobb County; superior court judges; salary supplements 3949 Cobb County; tax commissioner; compensation of the chief clerk 4112 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; meetings 5549 Cobb Judicial Circuit; district attorney; investigators; assistant district attorneys 4726 Colquitt County; board of commissioners; composition; elections; districts; compensation; powers 3735 Colquitt County; board of education; compensation and expenses 3722 Colquitt County; board of education; composition; elections; districts; referendum 3724 Columbia County; staggered motor vehicle registration periods; referendum 5636 Columbia County; superior court; number of judges 417 Columbia County; Tri-County Water Authority 5318 Cook County; board of commissioners; composition; elections; districts 5029 Cook County; board of education; school superintendent; elections; compensation 5499 Dade County; board of education; quorum 4767 Dawson County; homestead exemptions; referendum 4061 Dawson County; superior court; additional judge 160 Decatur County; board of education; elections; school superintendent; appointment; referendum 4096 DeKalb County Airport Authority; membership 5678 DeKalb County and municipalities therein; firemen; Acts on duty hours repealed 4712 , 4714 DeKalb County; board of commissioners; budgets and expenditures 5704 DeKalb County; board of education; operation of a junior college; local constitutional amendment continued 4333 DeKalb County; board of zoning appeals; membership 5672 DeKalb County; community relations commission; membership 5685 DeKalb County, Fulton County, and Atlanta; bonds; grandstands and stadiums; local constitutional amendment continued 4786 DeKalb County; Fulton County; and Atlanta; hospital authorities; contracts; local constitutional amendment continued 4783 DeKalb County; garbage and solid waste collection and disposal contracts; local constitutional amendment continued 5047 DeKalb County; governing authority; powers and duties; applicability of laws; referendum 4107 DeKalb County Government Study Commission; creation 5650 DeKalb County Land Use Study Commission; re-creation 5530 DeKalb County; municipalities as special services tax districts; local constitutional amendment continued 4615 DeKalb County; pension board; definitions; contributions 5716 DeKalb County; planning commission; membership 5672 DeKalb County; staggered motor vehicle registration periods 5611 DeKalb County; state court; additional assistant solicitors 4466 DeKalb County; state court; fees 4631 DeKalb County; superior court; additional judge 423 Dodge County; board of education; elections; local constitutional amendment continued 4536

Page XLVII

Dodge County-Eastman Development Authority; local constitutional amendment continued 4534 Dougherty County; joint county-municipal board of registration and elections created 3831 Dougherty County; staggered motor vehicle registration periods 5646 Dougherty Judicial Circuit; judges; supplements 3708 Douglas County; coroner; compensation 4750 Douglas County; Douglasville-Douglas County Water and Sewer Authority; members; voting; compensation 5072 Douglas County; magistrate court; chief magistrate; compensation 5063 Douglas County; staggered motor vehicle registration periods; referendum 5618 Early County Development Authority; local constitutional amendment continued 4618 Effingham County Industrial Development Authority; ad valorem taxation; powers and duties; membership 3873 Effingham County Industrial Development Authority; local constitutional amendment continued 3886 Effingham County; staggered motor vehicle registration periods 5630 Elbert County; board of commissioners; elections; districts; compensation; duties 3598 Elbert County; board of education; re-creation; referendum 3578 Emanuel County; conveyance of state property 8 Emanuel County Development Authority; local constitutional amendment continued 4741 Evans County; board of education; compensation; expenses 4051 Fannin County; board of registrations and elections created 3533 Fannin County; superior court terms 230 Floyd County; board of elections and registration created 5289 Floyd County; homestead exemption; referendum 5511 Floyd County; school district; homestead exemption; referendum 5057 Forsyth County; board of commissioners; expense allowance 4395 Forsyth County; Etowah-Forsyth Water Authority; members; appointment 4680 Forsyth County; homestead exemption from school district taxes; referendum 4347 Forsyth County; merit or civil service system; local constitutional amendment continued 4573 Forsyth County Water and Sewerage Authority; abolition; transfer of rights, obligations, and employees to Forsyth County 3658 Fulton County and political subdivisions therein; ad valorem taxation; procedures; local constitutional amendment continued 4432 Fulton County; annexation of territory by City of Atlanta; school system; local constitutional amendment continued 4812 Fulton County; assumption of school district debt by city of Atlanta; local constitutional amendment continued 4814 Fulton County, Atlanta, and DeKalb County; bonds; grandstands and stadiums; local constitutional amendment continued 4786 Fulton County; Atlanta; freeport exemption; urban enterprise zones; local constitutional amendment continued 4426 Fulton County; Atlanta-Fulton County Taxation Study Commission; creation 5652 Fulton County; board of commissioners; advertising and promoting the county; local constitutional amendment continued 4029 Fulton County; board of commissioners; board of education; branch offices; local constitutional amendment continued 4043

Page XLVIII

Fulton County; business licenses and taxes; local constitutional amendment continued 4045 Fulton County; civil service system; coverage; local constitutional amendment continued 4452 Fulton County; civil service system; local constitutional amendment continued 4420 Fulton County; county and school district taxes; homestead exemption; referendum 4359 Fulton County; county officers; chief clerks, assistants, or deputies; local constitutional amendment continued 4774 Fulton County; county-wide library system; title to real property; special district; taxation 5370 Fulton County; DeKalb County; Atlanta; hospital authorities; contracts; local constitutional amendment continued 4783 Fulton County; detention facilities; local constitutional amendment continued 4428 Fulton County; expenditure of county funds to support state-owned institutions; local constitutional amendment continued 4450 Fulton County; garbage disposal districts; local constitutional amendment continued 4454 Fulton County; general obligation bonds; issuance without a referendum; certain public improvements; local constitutional amendment continued 4444 Fulton County; governing authority; powers, responsibilities, and limitations; local constitutional amendment continued 4442 Fulton County; grants to municipalities for recreational programs; local constitutional amendment continued 4436 Fulton County; homestead exemption for residents who are disabled or 65 or older; local constitutional amendment continued 4434 Fulton County; homestead exemptions; nonprofit cooperative ownership housing corporation stockholders; local constitutional amendment continued 4448 Fulton County Industrial District; educational taxation; local constitutional amendment continued 4438 Fulton County; landfills; local constitutional amendment continued 4418 Fulton County; medical examiner; local constitutional amendment continued 4031 Fulton County; operation of recreational programs in cities of 5,000 or less; local constitutional amendment continued 4446 Fulton County; ordinances; local constitutional amendment continued 4027 Fulton County; pension system; participation; local constitutional amendment continued 4039 Fulton County; recreational programs in cities of not more than 5,000; local constitutional amendment continued 4035 Fulton County; redevelopment powers; referendum 4148 Fulton County; retirement system; increases in benefits; local constitutional amendment continued 4041 Fulton County; services districts; taxation; local constitutional amendment continued 4430 Fulton County; sewerage, water, and fire prevention systems; parks; taxes; local constitutional amendment continued 4422 Fulton County; stadium; local constitutional amendment continued 4047 Fulton County; street improvements; local constitutional amendment continued 4033 Fulton County; tax commissioner; chief deputy; local constitutional amendment continued 4440

Page XLIX

Fulton County; tax commissioner; collection of taxes for the City of Atlanta; local constitutional amendment continued 4037 Fulton County; tax commissioner; uncollectible checks for automobile license tags; local constitutional amendment continued 4049 Fulton County; urban enterprise zones; taxation; local constitutional amendment continued 4424 , 4426 Gilmer County; superior court terms 230 Glynn County; staggered motor vehicle registration periods 5632 Gordon County; assistant district attorney 4401 Gordon County; coroner; compensation; deputy coroners 4718 Greene County; board of commissioners; elections; districts; vacancies 3684 Greene County; board of education; elections; districts; vacancies 3696 Greene County Development Authority; membership; terms of office 3681 Gwinnett County; board of education; compensation 5354 Gwinnett County; board of education; chairman; term 4552 Gwinnett County; board of education; school superintendent; local constitutional amendment continued 4626 Gwinnett County; business license taxes; solid waste disposal; ambulance service; cable television; local constitutional amendment continued 4624 Gwinnett County; fire protection districts; sewerage districts; local constitutional amendment continued 4554 Gwinnett County; garbage disposal; landfills; sanitation districts; local constitutional amendment continued 4547 Gwinnett County Industrial Building Authority; local constitutional amendment continued 4549 Gwinnett County; merit system board; executive secretary; personnel director; meetings 5303 Gwinnett County; merit system; local constitutional amendment continued 4621 Gwinnett County; ordinances; speed limits; bridges; truck routes; local constitutional amendment continued 5359 Gwinnett County; staggered motor vehicle registration periods; referendum 5625 Gwinnett County; state court; judges; solicitor; compensation 5356 Gwinnett County; water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 4629 Habersham County; board of commissioners; compensation 5554 Habersham County; board of education; borrowing; local constitutional amendment continued 3827 Habersham County; district attorney; investigator 5493 Habersham County; homestead exemption from school taxes; local constitutional amendment continued 3807 Habersham County; superior court; terms 1526 Hall County; board of education; local constitutional amendment continued 4330 Hall County; business and occupational licenses and taxes 4326 Hall County; business and occupation licenses and taxes; local constitutional amendment continued 5344 Hall County; civil service system; local constitutional amendment continued 4324 Hall County; Gainesville and Hall County Development Authority; local constitutional amendment continued 4328 Hall County; Lake Lanier Islands Development Authority; venue 377 Hall County; power of taxation; assessment dates; tax bills; local constitutional amendment continued 4321

Page L

Hall County; school district; homestead exemption; referendum 3811 Hall County; staggered motor vehicle registration; referendum 5616 Hall County; superior court; additional judge 160 Haralson County; contracts for lease or acquisition of a county courthouse; local constitutional amendment continued 4690 Haralson County; tax commissioner; commission for collection of school taxes 5154 Haralson County Water Authority; membership; terms; quorum; vacancies 4657 Harris County; board of education; education districts 4517 Hart County; coroner; compensation 5310 Heard County; Franklin-Heard County Water Authority; sewage projects; limitations on bonds and interest rates 5367 Henry County; business licenses and taxes; racetracks; local constitutional amendment continued 4806 Henry County; homestead exemptions from school district taxes; residents 62 or over or totally disabled; referendum 5053 Henry County; magistrate court; law library fees 3890 Henry County; sheriff; judge of the probate court; clerk of the superior court; tax commissioner; compensation 4171 Henry County; staggered motor vehicle registration periods; referendum 5607 Houston County and county school district; limits on ad valorem taxes; local constitutional amendment continued 4209 Houston County; board of commissioners; redevelopment powers; referendum 3901 Houston County; county school system; local sales and use tax; local constitutional amendment continued 4715 Jackson County; board of education; school superintendent; local constitutional amendment continued 5061 Jackson County Industrial Development Authority; local constitutional amendment continued 4702 Jackson County; jurisdiction of the Georgia Bureau of Investigation; local constitutional amendment continued 4704 Jackson County; staggered motor vehicle registration periods 5639 Jackson County; superior court; additional judge 163 Jackson County Water and Sewerage Authority; creation 5473 Jackson County; West Jackson Fire District; local constitutional amendment continued 4661 Jasper County; board of commissioners; compensation 4853 Jasper County; business licenses and taxes 4781 Jasper County Industrial Development Authority; local constitutional amendment continued 4155 Jeff Davis County; malt beverages and wine 5710 Jefferson County and local taxing jurisdictions therein; discount for early payment of ad valorem taxes; local constitutional amendment continued 4404 Jenkins County; staggered motor vehicle registration periods 5609 Lanier County; Lakeland-Lanier County Charter Commission Act; referendum 3609 Laurens County; board of education; elections; referendum 3821 Liberty County; board of commissioners; elections; districts; vacancies 3557 Liberty County; board of education; creation; elections; districts; referendum 3542 Liberty County; school superintendent; appointment; referendum 3554 Lincoln County; board of commissioners; composition; elections; terms; districts; county attorney; meetings 3653 Lincoln County; board of education; elections; districts; vacancies; referendum 3661

Page LI

Lincoln County; tax commissioner; compensation; expenses 4478 Lincoln County; Tri-County Water Authority 5318 Lowndes County; conveyance of state property to the board of commissioners 551 Lumpkin County; staggered motor vehicle registration periods 5605 Lumpkin County; superior court; additional judge 160 Marion County; board of commissioners; elections; districts; terms; referendum 5558 Marion County; board of education; elections; referendum 5023 McDuffie County; Tri-County Water Authority 5318 Meriwether County; board of education; school superintendent; local constitutional amendment continued 3838 Meriwether County Development Authority; local constitutional amendment continued 3840 Miller County; board of education; districts 3917 Miller County; state court; judge and solicitor; salary 3921 Mitchell County; school superintendent; appointment; referendum 3892 Monroe County; grand jury; arbitration of disputes relating to county matters; local constitutional amendment continued 4150 Monroe County Industrial Development Authority; local constitutional amendment continued 4584 Morgan County; business and occupational license taxes 4163 Muscogee County; ad valorem taxation of personal property in transit or stored; local constitutional amendment continued 3803 Muscogee County; advisory referendum on school board elections 3927 Muscogee County; appropriations for advertising and promotion; local constitutional amendment continued 3788 Muscogee County; assistant district attorneys 4793 Muscogee County; charter review commission; local constitutional amendment continued 3805 Muscogee County; Columbus Airport Commission; local constitutional amendment continued 3776 Muscogee County; Columbus Building Authority; local constitutional amendment continued 3778 Muscogee County; Columbus, Georgia; merger of school systems; local constitutional amendment continued 3772 Muscogee County; Columbus-Muscogee County Port Development Commission; local constitutional amendment continued 3780 Muscogee County; consolidation of city and county governments; local constitutional amendment continued 3784 Muscogee County Health Department; local constitutional amendment continued 3774 Muscogee County; homestead exemptions; local constitutional amendments continued 3796 , 3798 Muscogee County Industrial Development Authority; local constitutional amendment continued 3782 Muscogee County; revenue bonds; local constitutional amendment continued 3790 Muscogee County; school district; homestead exemptions; local constitutional amendment continued 3792 , 3794 Muscogee County; school district; museums; art galleries; art centers 3842 Muscogee County; school superintendent; emergency contracts 3844

Page LII

Muscogee County; staggered motor vehicle registration periods 5614 Muscogee County; street improvement bonds; local constitutional amendment continued 3786 Muscogee County; valuation of homestead property; local constitutional amendment continued 3800 Newton County; board of education; chairman 4211 Newton County; business licenses; sports activities; taxes; local constitutional amendment continued 3908 Newton County; ordinances; enforcement; local constitutional amendment continued 4468 Newton County; sewerage, water, sanitation, garbage collection, landfill, and fire districts; local constitutional amendment continued 4571 Newton County; tax assessments, levies, bills, notices, and payments; defaults; local constitutional amendment continued 4568 Oconee County; board of education; local constitutional amendment continued 4562 Oconee County Public Utility Authority 4123 Oconee County; treasurer's office abolished; duties of judge of the probate court 3895 Oglethorpe County; board of commissioners created 3586 Oglethorpe County; board of education; elections; referendum 3568 Oglethorpe County Development Authority; local constitutional amendment continued 3852 Paulding County Industrial Building Authority; local constitutional amendment continued 5690 Paulding County; school superintendent; appointment; referendum 4335 Peach County Water and Sewerage Authority; creation 4663 Pickens County; commissioner; compensation 4381 Pickens County; superior court terms 230 Pike County Recreation Authority; creation 4070 Polk County; staggered motor vehicle registration periods; referendum 5633 Polk County; tax commissioner; compensation 4788 Pulaski County; deputy sheriffs; salary; number 3850 Putnam County; board of education; compensation and per diem 4525 Putnam County; magistrate court; chief magistrate and clerk; compensation 3953 Quitman County; clerk of the superior court placed on an annual salary 4545 Quitman County Industrial Development Authority; local constitutional amendment continued 3857 Rabun County; board of commissioners; chairman 5004 Rabun County; district attorney; investigator 5493 Rabun County; superior court; terms 1526 Randolph County; board of commissioners; re-creation; elections 3624 Randolph County Development Authority; local constitutional amendment continued 3855 Richmond County; advertisment and promotion of the county; local constitutional amendment continued 4480 Richmond County; incinerators; garbage and refuse facilities; bonds; local constitutional amendment continued 4483 Richmond County; superintendent of the board of education; terms; removal 4167 Richmond County; superior court; number of judges 417 Rockdale County; board of education; local constitutional amendment continued 4018

Page LIII

Rockdale County; school superintendent; local constitutional amendment continued 4016 Schley County; transfer of structure from the Georgia Forestry Commission 532 Screven County; ad valorem tax exemption for qualifying manufacturing establishments; local constitutional amendment continued 5697 Screven County Industrial Development Authority; local constitutional amendment continued 5694 Screven County; staggered motor vehicle registration periods; referendum 5642 South Cobb County Courthouse Facilities Study Commission 4021 Spalding County; coroner; compensation 5545 Spalding County; homestead exemptions; referendum 4855 Spalding County; staggered motor vehicle registration periods; referendum 5623 Stephens County; board of commissioners; compensation 4743 Stephens County Development Authority; local constitutional amendment continued 4153 Stephens County; district attorney; investigator 5493 Stephens County; superior court; terms 1526 Stewart County; board of education; elections; local constitutional amendment continued 3859 Stewart County; Chattahoochee River bridges; local constitutional amendment continued 3863 Stewart County; electrical system; local constitutional amendment continued 3861 Stewart County Industrial Development Authority; local constitutional amendment continued 3867 Stewart County; natural gas system; local constitutional amendment continued 3865 Sumter County; public school system created; referendum 3501 Talbot County; deputy sheriffs 4120 Tattnall County; board of education; compensation 3888 Telfair County; county officers; ineligibility to hold office; local constitutional amendment continued 4527 Tift County; board of commissioners; composition; districts; elections 5274 Tift County; board of education; composition; districts; elections; qualifications 5262 Toombs County; board of commissioners; compensation 4159 Toombs County; state court; judge and solicitor; compensation; clerical assistance 4586 Towns County; district attorney; investigator 5493 Towns County; superior court; terms 1526 Troup County; board of education; district defined; referendum 3633 Troup County; board of education; school superintendent; Act continuing local constitutional amendment repealed; referendum 3515 Troup County; Mountville Water Authority 3531 Turner County Development Authority; local constitutional amendment continued 4708 Turner County; sheriff; compensation 4706 Twiggs County; school superintendent; appointment; referendum 5542 Walker County; clerk of the superior court; personnel; compensation 4142 Walker County; coroner; compensation 4146 Walker County; state court; judge and solicitor; compensation and expenses 4144 Walker County; tax commissioner; compensation of personnel 4139 Walton County; coroner; compensation 3819

Page LIV

Walton Industrial Building Authority; local constitutional amendment continued 4730 Ware County; board of commissioners; compensation 4213 Ware County; board of commissioners; composition; elections; districts; officers; compensation 5374 Ware County; coroner; compensation 3913 Ware County; county manager; local constitutional amendment continued 3679 Ware County; sheriff; county police force; powers; local constitutional amendment continued 4373 Ware County; tax to promote new industry; local constitutional amendment continued 3904 Ware County; Waycross and Ware County Development Authority; local constitutional amendment continued 4379 Washington County; homestead exemption for persons 65 or older; referendum 4485 Washington County; homestead exemption from county school taxes; referendum 4489 Wayne County; coroner; compensation 3942 Wayne County; tax commissioner; compensation; employees 4858 Webster County Industrial Development Authority; local constitutional amendment continued 4619 West Jackson Fire District; local constitutional amendment continued 4661 White County; superior court; additional judge 160 Whitfield County; board of commissioners; composition; elections; compensation; referendum 5597 Wilkes County; board of education; composition; elections; districts; referendum 4091 Worth County; board of education; compensation 3710 Worth County; board of education; membership; elections; referendum 3716 Union County; district attorney; investigator 5493 Union County; superior court; terms 1526 Upson County; clerk of the superior court placed on an annual salary 4612 Upson County; school district; homestead exemption; referendum 4497 COUNTIES AND COUNTY MATTERS BY POPULATION 100,000 or more; voter registration places 772 100,000, more than; judges of the probate courts; qualifications 1581 150,000, more than; probate courts; practice and procedures; jury trials; appeals; new trials 982 190,000-210,000; Act providing compensation of county officers repealed 229 300,000 or more, counties having a city of; joint city-county boards of tax assessors; local constitutional amendment continued 4456 550,000 or more; boards of commissioners; compensation 378 550,000 or more; county-wide public library system; local constitutional amendment continued 4832 550,000 or more; public works contracts; lowest responsible bidder 309 550,000 or more and municipalities therein; checks or money orders for payment of taxes 274

Page LV

COUNTY MATTERSHOME RULE AMENDMENTS Charlton County; county attorney; residence 5701 Clayton County; employee pensions; benefits 5663 Clayton County; purchases 5668 DeKalb County; board of commissioners; budgets and expenditures 5704 DeKalb County; board of zoning appeals; membership 5672 DeKalb County; community relations commission; membership 5685 DeKalb County; pension board; definitions; contributions 5716 DeKalb County; planning commission; membership 5672 DeKalb County Airport Authority; membership 5678 Jeff Davis County; malt beverages and wine 5710 Paulding County Industrial Building Authority; local constitutional amendment continued 5690 Screven County; ad valorem tax exemption for qualifying manufacturing establishments; local constitutional amendment continued 5697 Screven County Industrial Development Authority; local constitutional amendment continued 5694 MUNICIPAL CORPORATIONS NAMED CITIES Acworth Downtown Development Authority; local constitutional amendment continued 4386 Acworth; mayor and aldermen; elections; qualifications; terms; referendum 3752 Adairsville Development Authority; local constitutional amendment continued 4696 Adel; bonds; local constitutional amendment continued 3875 Albany; assessments for street improvements 5802 Albany; joint county-municipal board of registration and elections created 3831 Allentown; new charter 5227 Alma; date of appointment of city officers 5758 Alpharetta; corporate limits 3673 Alto; mayor and council; terms; elections 5383 Americus; municipal election date 5042 Americus; school system merger; referendum 3501 Athens; municipal court; creation 3883 Athens; municipal court; establishment 5761 Atlanta; ad valorem taxes to retire city revenue obligations; local constitutional amendment continued 4828 Atlanta; assumption of debt of Fulton County School District when territory is annexed; local constitutional amendment continued 4814 Atlanta; bonded indebtedness for water and solid waste disposal systems; local constitutional amendment continued 4818 Atlanta; collection of city taxes by tax commissioner of Fulton County; local constitutional amendment continued 4037 Atlanta; community improvement districts 4174 Atlanta; contracts; hospital authorities; Fulton and DeKalb Counties; local constitutional amendment continued 4783 Atlanta; $45 million bonded indebtedness for school facilities and equipment; local constitutional amendment continued 4564

Page LVI

Atlanta; freeport exemption; urban enterprise zones; local constitutional amendment continued 4426 Atlanta, Fulton County, and DeKalb County; bonds; grandstands and stadiums; local constitutional amendment continued 4786 Atlanta-Fulton County Taxation Study Commission; creation 5652 Atlanta; historic zones; local constitutional amendment continued 4826 Atlanta; issuance of bonds for municipal purposes without a referendum; local constitutional amendment continued 4824 Atlanta; issuance of bonds for school purposes without a referendum; local constitutional amendment continued 4822 Atlanta; maximum indebtedness; local constitutional amendment continued 4816 Atlanta; Metropolitan Atlanta Rapid Transit Authority; insurance; retirement; collective bargaining; arbitration 3756 Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating revenue 4115 Atlanta; redevelopment powers; referendum 4834 Atlanta; revenue bonds for off-street parking facilities; local constitutional amendment continued 4830 Atlanta; revenue bonds; water works and sanitation systems; local constitutional amendment continued 4810 Atlanta; school system; annexation of territory into city; local constitutional amendment continued 4812 Atlanta; stadium; local constitutional amendment continued 4047 Atlanta; urban enterprise zones; purposes; size; exemptions 5346 Atlanta; urban enterprise zones; taxation; local constitutional amendment continued 4424 Augusta; city council; terms; composition; elections 5656 Austell; discount for prompt payment of ad valorem taxes; local constitutional amendment continued 4389 Austell; homestead exemptions; local constitutional amendment continued 4384 , 4414 Austell; homestead exemption for persons 65 or over; local constitutional amendment continued 4391 Austell; new charter 4902 Baldwin; new charter 5578 Bogart; election of officers; personnel plan repealed 5789 Buford; corporate limits 5386 Cairo; conveyance of state property 520 Cairo; mayor and council; qualifications; elections; districts; ex officio mayor pro tempore 5336 Camilla; councilmen; voting districts; elections 4493 Canton; corporate limits 3607 Carrollton; corporate limits; deannexation 4470 Cartersville Development Authority; local constitutional amendment continued 4694 Cave Spring; conveyance of state property to city 262 Cedartown Development Authority; local constitutional amendment continued 5070 Centerville; redevelopment powers; referendum 5157 Chamblee; election districts 5796 Chamblee; mayor and councilmen; majority vote to fix compensation 5753 Chatsworth; mayor and aldermen; date for taking office 3869 City of Islands; incorporation; charter; referendum 4872 Clayton; homestead exemptions; referendum 4778

Page LVII

Cobb County and municipalities therein; abolished municipalities; local constitutional amendment continued 4412 Cobb County and municipalities therein; alcoholic beverage taxes; allocation to schools; local constitutional amendment continued 4594 College Park; corporate limits 5575 Collins; mayor; terms of office; referendum 4472 Columbus, Georgia; ad valorem taxation of personal property in transit or stored; local constitutional amendment continued 3803 Columbus, Georgia; appropriations for advertising and promotion; local constitutional amendment continued 3788 Columbus, Georgia; charter review commission; local constitutional amendment continued 3805 Columbus, Georgia; code of ethics; penalties 4206 Columbus, Georgia; Columbus Airport Commission; local constitutional amendment continued 3776 Columbus, Georgia; Columbus Building Authority; local constitutional amendment continued 3778 Columbus, Georgia; Columbus-Muscogee County Port Development Commission; local constitutional amendment continued 3780 Columbus, Georgia; consolidation of city and county governments; local constitutional amendment continued 3784 Columbus, Georgia; homestead exemptions; local constitutional amendment continued 3798 Columbus, Georgia; mayor and councilors; vacancies 4515 Columbus, Georgia; Muscogee County Health Department; local constitutional amendment continued 3774 Columbus, Georgia; Muscogee County; homestead exemptions; local constitutional amendment continued 3796 Columbus, Georgia; Muscogee County Industrial Development Authority; local constitutional amendment continued 3782 Columbus, Georgia; Muscogee County; merger of school systems; local constitutional amendment continued 3772 Columbus, Georgia; Muscogee County School District; homestead exemptions; local constitutional amendment continued 3794 Columbus, Georgia; revenue bonds; local constitutional amendment continued 3790 Columbus, Georgia; school district; homestead exemptions; local constitutional amendment continued 3792 Columbus, Georgia; school district; museums; art galleries; art centers 3842 Columbus, Georgia; school superintendent; emergency contracts 3844 Columbus, Georgia; street improvement bonds; local constitutional amendment continued 3786 Columbus, Georgia; valuation of homestead property; local constitutional amendment continued 3800 Comer; mayor; term of office 4724 Commerce; corporate limits; city manager; school tax; compensation of school board 5452 Covington; City of Covington Parking Authority; local constitutional amendment continued 3871 Dalton; City of Dalton Building Authority; local constitutional amendment continued 5547 Dalton; Downtown Dalton Development Authority; local constitutional amendment continued 3881

Page LVIII

Decatur; homestead exemption for residents 65 or over; referendum 4475 DeKalb County and municipalities therein; firemen; Act on duty hours repealed 4712 , 4714 Douglasville-Douglas County Water and Sewer Authority; members; voting rights; terms; quorum; compensation 5072 Duluth; mayor and council; compensation; officers; clerk 4769 East Ellijay; new charter 5416 Eastman; corporate limits 4538 Eastman; Dodge County-Eastman Development Authority; local constitutional amendment continued 4534 East Point Business and Industrial Development Authority; membership; powers; local constitutional amendment continued 4461 East Point; retirement system; inclusion of employees; contributions 5824 Elberton; mayor and councilmen; election dates 4309 Eleanor; abolished; charter repealed 4610 Ellaville; mayor and council; composition; elections; districts 4011 Emerson; mayor's court established 4338 Flovilla; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 Forsyth; corporate boundaries 4367 Franklin-Heard County Water Authority; sewage projects; limitations on bonds and interest rates 5367 Gainesville and Hall County Development Authority; local constitutional amendment continued 4328 Gainesville; independent school district; homestead exemption; referendum 3815 Garden City; corporate limits 4578 Griffin Development Authority; local constitutional amendment continued 3915 Hapeville; corporate limits 4345 Helen; city council changed to city commission 4397 Hiawassee; corporate limits 3955 Hiram; councilmen; elections; terms of mayor and councilmen 4398 Islands, City of; incorporation; charter; referendum 4872 Ivey; new charter 5160 Jackson; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 Jackson; mayor and council members; districts; special election; terms; qualifications; vacancies 3675 Jeffersonville; mayor and council; terms 3910 Jenkinsburg; Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 Jesup; referendum for franchise for distribution of electric current 5780 Kingsland Development Authority; local constitutional amendment continued 4365 LaGrange; Downtown LaGrange Development Authority; district limits 4086 Lakeland-Lanier County Charter Commission Act; referendum 3609 Lawrenceville; new charter 4961 Lyons; recorder's court; appeals; certiorari 4795 Macon-Bibb County Board of Health; local constitutional amendment continued 4682 Macon-Bibb County; consolidation of tax assessments and collection; local constitutional amendment continued 5533

Page LIX

Macon-Bibb County Industrial Authority; local constitutional amendment continued 4685 Macon-Bibb County Transit Authority; board members; insurance; immunity 4601 Macon-Bibb County Urban Development Authority; local constitutional amendment continued 4698 Macon-Bibb County; zoning and planning; local constitutional amendment continued 5308 Macon; fire and police employees' retirement; normal and delayed retirement dates 5727 Macon; fire and police employees' retirement system; contributions 5764 Macon; mayor's veto 5744 Macon; municipal court; standby substitute judges; compensation of judges 5739 Macon; pensions and retirement system; contributions 5771 Macon; pensions and retirement system; exclusions from participation 5731 Macon; preferential city tax assessments for revitalized or rehabilitated residential property; local constitutional amendment continued 5002 Macon; redevelopment powers; referendum 5038 Marietta; board of lights and water works; local constitutional amendment continued 4059 Marietta; bonded indebtedness for educational purposes; local constitutional amendment continued 4406 Marietta; civil service board and clerk; compensation 5805 Marietta; civil service; fire and police departments 5832 Marietta; Cobb County-Marietta Water Authority; bonding limits; compensation; vacancies; bids 5296 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; meetings 5549 Marietta; combined water, sewerage, and electric systems; bonds; local constitutional amendment continued 5509 Marietta; corporate limits; deannexation 3959 , 4948 Marietta; council; qualifications; municipal court; probation office 5068 Marietta; Downtown Marietta Development Authority; district 5515 Marietta; Downtown Marietta Development Authority; local constitutional amendment continued 4503 Marietta; homestead exemption; referendum 5043 Marietta; mayor and council; salary and expense allowance 5783 Marietta; municipal court; penalties 5812 Marietta; penalties for violation of charter 5809 Marshallville; mayor's or recorder's court; fines 3879 Metter-Candler County Airport Authority created 4638 Milledgeville; corporate limits 3945 Moultrie; corporate limits; qualifications of councilmen; voting in zoning matters 4604 Mountville Water Authority; revenue bonds 4764 Mountville Water Authority; service area; revenue bonds 3531 Newington; mayor's or recorder's court; penalties 5776 Nunez; new charter 5195 Pelham; board of education; elections; referendum 3648 Pelham; mayor and council; elections; districts; terms 3644 Perry; City of Perry Industrial Building Authority; local constitutional amendment continued 4194 Perry; redevelopment powers; referendum 4196

Page LX

Pooler; corporate limits; referendum 5592 Pooler; name changed to City of Pooler 5736 Powder Springs Downtown Development Authority; local constitutional amendment continued 4513 Register; town boundaries; election of mayor and council 4607 Richland; corporate limits 5490 Rockmart Development Authority; local constitutional amendment continued 5488 Rome; school district; homestead exemption; referendum 4530 Rossville; office of tax assessor and tax coordinator abolished 4687 Roswell; mayor and councilmen; elections; vacancies; election dates; recorder 3665 Savannah; corporate limits; taxes 4522 Savannah; Downtown Savannah Authority; local constitutional amendment continued 4201 Savannah; historic zones; local constitutional amendment continued 5077 Savannah; homestead exemption from school taxes; local constitutional amendment continued 4354 Savannah; issuance of bonds without a referendum; local constitutional amendment continued 4199 , 4837 Savannah; Savannah Airport Commission; local constitutional amendment continued 4203 Savannah Transit Authority; Chatham Area Transit Authority 5082 Smyrna; Downtown Smyrna Development Authority; local constitutional amendment continued 3957 Smyrna; homestead exemption; local constitutional amendment continued 5525 Smyrna; homestead exemption for disabled residents; local constitutional amendment continued 5523 Smyrna; mayor and council; compensation 3951 Soperton; mayor and council; terms; elections; districts 3930 Statesboro; Downtown Statesboro Development Authority; local constitutional amendment continued 4655 St. Marys; corporate limits 4128 Summertown; new charter 5103 Summerville; corporate limits 4953 Sylvania; mayor and council; eligibility for office of city manager 5786 Tallapoosa Development Authority; local constitutional amendment continued 4688 Thomaston; ad valorem tax collection; contracts 5748 Thomaston; mayor's court; fines; arrests 5816 Tifton; municipal election dates 3829 Trion; school district; local sales and use tax for education 3712 Tybee Island; mayor and council; powers; parking and street and beach use fee on motor vehicles 4067 Valdosta; corporate limits 4224 Vidalia; school district; powers of board of education; referendum 4862 Waco Development Authority; local constitutional amendment continued 4692 Warner Robins; redevelopment powers; referendum 3923 Warner Robins; voter registration 5821 Waycross and Ware County Development Authority; local constitutional amendment continued 4379 Waycross; board of education; membership of city manager 3897 , 3899 Waycross; bonds for water works system; local constitutional amendment continued 4375

Page LXI

Waycross; commission; elections; qualifications; vacancies; oath 4843 Waycross; Downtown Waycross Development Authority; local constitutional amendment continued 3906 Waycross; tax to promote new industry; local constitutional amendment continued 4377 White; mayor's court; judge; certiorari 4342 Woodstock; corporate limits 4004 MUNICIPALITIES BY POPULATION 150,000 or more; street improvement bonds; local constitutional amendment continued 4808 300,000 or more, counties having a city of; joint city-county boards of tax assessors; local constitutional amendment continued 4456 300,000, more than; courts; local constitutional amendment continued 4820 300,000, more than; traffic courts; senior judges 455 400,000, more than, demolition of buildings on private premises; local constitutional amendment continued 4566 400,000, not less than; contracts; downtown development areas; urban redevelopment areas 841 400,000 or more; Urban Residential Finance Authorities for Large Municipalities 947 MUNICIPALITIESHOME RULE AMENDMENTS Albany; assessments for street improvements 5802 Alma; date of appointment of city officers 5758 Athens; municipal court; establishment 5761 Bogart; election of officers; personnel plan repealed 5789 Chamblee; election districts 5796 Chamblee; mayor and councilmen; majority vote to fix compensation 5753 East Point; retirement system; inclusion of employees; contributions 5824 Jesup; referendum for franchise for distribution of electric current 5780 Macon; fire and police employees' retirement; normal and delayed retirement dates 5727 Macon; fire and police employees' retirement system; contributions 5764 Macon; mayor's veto 5744 Macon; municipal court; standby substitute judges; compensation of judges 5739 Macon; pensions and retirement system; contributions 5771 Macon; pensions and retirement system; exclusions from participation 5731 Marietta; civil service board and clerk; compensation 5805 Marietta; civil service; fire and police departments 5832 Marietta; mayor and council; salary and expense allowance 5783 Marietta; municipal court; penalties 5812 Marietta; penalties for violation of charter 5809 Newington; mayor's or recorder's court; penalties 5776 Pooler; name changed to City of Pooler 5736 Sylvania; mayor and council; eligibility for office of city manager 5786 Thomaston; ad valorem tax collection; contracts 5748 Thomaston; mayor's court; fines; arrests 5816 Warner Robins; voter registration 5821

Page LXII

RESOLUTIONS AUTHORIZING COMPENSATION Boone, Mr. Willie Lee 522 Breen, Mr. Norman 531 Nail, Wyman, Jr. and Rhonda 519 Nettles, Mr. M. C. 525 Sawyer, Ms. Barbara Ann Rozier 523 Smith, Mr. R. Glenn 537 Webb, Mr. Paul, d.b.a. Kwik Kopy #206 524 Woodall, Mr. Franklin D. 530 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS ATT Communications, Inc.; easement in Bibb County 544 ATT Communications, Inc.; easement in Douglas County 538 Bibb County; easement for a lightguide cable under state property in Bibb County 544 Brantley County; conveyance of state owned real property to the county 567 Brooks County Board of Commissioners; conveyance to 549 Cairo, City of; conveyance 520 Cave Spring; conveyance of state property to city 262 Douglas County; easement for a lightguide cable under state property in Douglas County 538 Emanuel County Board of Commissioners; amendment 8 Fields, Charles Allen; acceptance of bid for purchase of state property in Franklin County 553 Fort Howard Paper Company; easement over state property in Effingham County 39 Hamilton County, Tennessee; conveyance of the state's interest in a 99 year lease of property 540 Lowndes County Board of Commissioners; conveyance of state property 551 Pulaski Development Company, Inc.; conveyance of state property 547 Schley County Board of Commissioners; transfer of structure from the Georgia Forestry Commission 532 Southern Railway Company; modification of lease; self-insurance 543 Western and Atlantic Railroad; amendment of lease to Seaboard System Railroad, Inc. 231 MISCELLANEOUS RESOLUTIONS Atlanta-Fulton County Taxation Study Commission; created 5652 Beasley, John C., bridge designated 186 Carroll County Government Authority Study Commission; creation 5654 Chambers, R. E., Memorial Bridge designated 190 DeKalb County Government Study Commission; created 5650 English designated as the official language of the state of Georgia 529 Governor's Commission on Black on Black Crime 188 Hayes, Roland, Parkway designated 516 Kidd, Culver, Medical and Surgical Building designated 1201 Lost Mountain Scenic Highway designated 535 Lowery, Sr., R. Sidney, Memorial Bridge designated 518

Page LXIII

McGill, Sam P., Exhibition Building designated 1197 Metropolitan Atlanta Rapid Transit Overview Committee; date for repeal of resolution 457 Newman, Colonel Mancel, Bridge designated 533 Newton, Louie DeVotie; portrait placed in state capitol 1199 Phil Peters Building designated 534 Reaves, Henry L., Arena designated 1198 Restitution orders; use urged in cases of child abuse or sexual abuse 1203 Smith, Dr. W. K., Highway designated 185 Task Force on Funding of Indigent Health Care Programs; creation requested 526 Training of criminal justice and social services professionals in child abuse, sexual abuse, and sexual exploitation cases urged 1204 Wood, Joe T., War Veterans Nursing Home designated 1201

Page LXV

INDEX A ACKNOWLEDGEMENTS OF SERVICE Probate of wills; attestation required 436 ACTS Local Acts requiring a referendum or special election 1608 ACWORTH, CITY OF Acworth Downtown Development Authority; local constitutional amendment continued 4386 Mayor and aldermen; elections; qualifications; terms; referendum 3752 ACWORTH DOWNTOWN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4386 ADAIRSVILLE, CITY OF Adairsville Development Authority; local constitutional amendment continued 4696 ADAIRSVILLE DEVELOPMENT AUTHORITY Local constitutional amendment continued 4696 ADEL, CITY OF Bonds; local constitutional amendment continued 3875 ADOPTION Children in foreign countries; releases or consent by guardians 687 Grandparents with visitation rights; notices; objections 1516 AD VALOREM TAX Agricultural property; preferential assessment; alternative tax penalty 820 Appeals of assessments; notices of appeal 419 Driver educational motor vehicle redefined 180 Exemption of certain tangible personal property with a fair market value not exceeding $500.00; referendum 878 Homestead exemption for disabled veterans and their families 1445 Penalties for failure to pay 1322 Tax digest approva; property on appeal; confidentiality of taxpayer materials 747

Page LXVI

AGGRAVATED SODOMY Bail; appeal bonds 166 AGRICULTURE Ad valorem tax; preferential assessment of agricultural property; alternative penalties 820 Family farms; Georgia Residential Finance Authority; powers 899 Food; adulteration or misbranding 197 Georgia Boll Weevil Eradication Act of 1985; borrowing by the certified cotton growers' organization; liens; executions 1086 Georgia Development Authority; first-time farmer tax-free note program 656 Hay bales; motor vehicle size limits 471 Livestock defined; police powers of Commissioner of Agriculture; deputization of employees 425 School buses; 4-H activities 149 Vidalia Onion Act of 1986 3 AIDS Dead bodies; notices of infectious or communicable diseases required 1513 AID TO FAMILIES WITH DEPENDENT CHILDREN Income; Summer Youth Employment Training Program; Adult and Youth Program 881 Positive Employment and Community Help (PEACH) Program established 410 AIR TRANSPORTATION ACT Pilots employed by the Department of Transportation; mandatory retirement age 338 ALBANY, CITY OF Assessments for street improvements 5802 Joint county-municipal board of registration and elections; creation 3831 ALBANY STATE COLLEGE Motor vehicle license plates 852 ALCOHOLIC BEVERAGES Alcoholics; outpatient treatment 1098 Boating, skiing, etc. under the influence of alcohol or drugs 612 Code revision 10 Distilled spirits; manufacture, sale, or distribution in municipalities; authorization or prohibition 1083 Hotels; sales by in-room service; licenses 778

Page LXVII

Possession or consumption by underaged persons in the home 789 Posting of signs warning that consumption of alcohol during pregnancy is dangerous 618 Vehicles, boats, etc. used in unlawful transportation or storing of distilled spirits; seizure and condemnation in any county 1605 ALLENTOWN, CITY OF New charter 5227 ALMA, CITY OF Date of appointment of city officers 5758 ALPHARETTA, CITY OF Corporate limits 3673 ALTO, TOWN OF Mayor and council; terms; elections 5383 AMATEUR RADIO OPERATORS Motor vehicle license plates 1333 AMERICUS, CITY OF Municipal election date 5042 School system merger; referendum 3501 AMUSEMENT RIDE SAFETY ACT Definitions; applicability 330 ANATOMICAL GIFT ACT Procedures; minors; irrevocability at death; purchase or sale of human bodies or parts thereof 645 ANIMALS Code revision 10 Georgia Animal Protection Act; regulation of animal shelters, kennels, stables, and pet dealers 628 Livestock defined; police powers of Commissioner of Agriculture; deputization of employees 425 Poultry houses; sales and use tax exemption of fuel used to heat houses 1453 APPALACHIAN JUDICIAL CIRCUIT Terms of court 230

Page LXVIII

APPEAL AND ERROR Aggravated sodomy; bail; appeal bonds 166 Appeals from decisions of local boards of education; written notices 216 Appeals from probate courts in counties of more than 150,000 982 Attorney's fees and expenses of litigation; appeals of awards 1591 Department of Human Resources and county boards of health; appeals; procedures 1280 APPROPRIATIONS General Appropriations Act for S.F.Y. 1986-87 1337 Supplemental for S.F.Y. 1985-86 1 , 44 ARCHITECTS State Board of Architects; membership; cease and desist orders; civil penalties; judicial review 434 ARRESTS Offenses occurring between persons of the opposite sex dwelling together 657 Use of force 490 ART Georgia Council for the Arts; name change 174 Limited edition reproductions; art dealers; warranties; deceptive practices 635 ASBESTOS Agency for Removal of Hazardous Materials created 829 Georgia Asbestos Safety Act enacted 1157 ASBESTOS AND HAZARDOUS MATERIALS State property; insurance 150 ATT COMMUNICATIONS, INC. Easement in Bibb County 544 Easement in Douglas County 538 ATHENS, CITY OF Municipal court; creation 3883 Municipal court; establishment 5761 ATLANTA, CITY OF Ad valorem taxes to retire city revenue obligations; local constitutional amendment continued 4828

Page LXIX

Assumption of Fulton County School District debt when territory is annexed 4814 Atlanta-Fulton County Taxation Study Commission; creation 5652 Bonded indebtedness for water and solid waste disposal systems; local constitutional amendment continued 4818 Bonds; grandstands and stadiums; local constitutional amendment continued 4786 Community improvement districts 4174 Contracts with Fulton or DeKalb Counties or hospital authorities; local constitutional amendment continued 4783 Freeport exemption; urban enterprise zones; local constitutional amendment continued 4426 Historic zones; local constitutional amendment continued 4826 Issuance of bonds for municipal purposes without a referendum; local constitutional amendment continued 4824 Issuance of bonds for school purposes without a referendum; local constitutional amendment continued 4822 Maximum indebtedness; local constitutional amendment continued 4816 Metropolitan Atlanta Rapid Transit Authority; see Metropolitan Atlanta Rapid Transit Authority Redevelopment powers; referendum 4834 Revenue bonds for off-street parking facilities; local constitutional amendment continued 4830 Revenue bonds; water works and sanitation systems; local constitutional amendment continued 4810 School facilities and equipment; $45 million bonded indebtedness; local constitutional amendment continued 4564 School system; annexation of territory by the city; local constitutional amendment continued 4812 Stadium; local constitutional amendment continued 4047 Taxes; collection by tax commissioner of Fulton County; local constitutional amendment continued 4037 Urban enterprise zones; purposes; size; exemptions 5346 Urban enterprise zones; taxation; local constitutional amendment continued 4424 ATLANTA REGIONAL COMMISSION Regional public projects; debt; taxation; operating expenses 1049 ATTACHMENT Notarial acts, certifications, and seals 1446 Prejudgment attachment may not be granted by magistrate courts 701 ATTORNEYS Admission to practice; fingerprints; criminal records checks 279 Attorney's fees in cases having a complete absence of any justiciable issue; appeals 1591 Bail bond business prohibited 303

Page LXX

AUDITOR, STATE Compensation 877 AUDITS Federal Single Audit Act of 1984; local government audits 758 Hospital authorities; filing of audits 489 AUGUSTA, CITY OF Council; terms; composition; elections 5656 AUGUSTA JUDICIAL CIRCUIT Number of judges 417 AUSTELL, CITY OF Discount for prompt payment of ad valorem taxes; local constitutional amendment continued 4389 Homestead exemptions; local constitutional amendments continued 4384 , 4414 Homestead exemption for persons 65 or over; local constitutional amendment continued 4391 New charter 4902 B BAD CHECKS Fees 207 , 209 BAIL Aggravated sodomy 166 BALDWIN, CITY OF New charter 5578 BANKING AND FINANCE Bad check fees 207 , 209 Financial institutions; definitions; departments personnel; receiving money for deposit or transmission; bank powers; directors; minors; credit unions 458 Interest rate on judgments 195 Intestate decedents; persons in possession of $2,500.00 or less; savings account deposits 887 Reports of currency transactions; definitions; amounts; enforcement 214 Transfer of trust powers by banks to affiliated trust companies; trust services by banks or trust companies which do not exercise trust powers 1244

Page LXXI

BANKS COUNTY Business licenses and taxes; local constitutional amendment continued 5365 Staggered motor vehicle registration periods 5640 Superior court; additional judge 163 BARBERS Cosmetology examinations 843 State Board of Barbers; work permits; cosmetologists; licenses; termination 766 BARROW COUNTY Barrow County Airport Authority; creation 5518 Board of commissioners; records; bids; purchases; sessions 4542 Staggered motor vehicle registration periods 5644 Superior court; additional judge 163 BARROW COUNTY AIRPORT AUTHORITY Creation 5518 BARTOW COUNTY Assistant district attorney 4401 Homestead exemption from school district taxation for certain residents 62 or over; referendum 5361 BATHHOUSES Regulation; inspection; injunctions; penalties 1208 BEASLEY, JOHN C., BRIDGE DESIGNATED 186 BEEF Labeling; antibiotics or growth hormones; Georgia lean beef 1089 BEHAVIOR Bonds for good behavior; procedures; contempt 1151 BELOW COST SALES ACT Attorney fees and costs; punitive damages 326 BERRIEN COUNTY Berrien County Industrial Building Authority; local constitutional amendment continued 3877

Page LXXII

BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 3877 BIBB COUNTY Board of public education and orphanage; compensation 3809 Easement for a lightguide cable under state property in Bibb County 544 Macon; consolidation of tax assessments and collection; local constitutional amendment continued 5533 Macon-Bibb County Board of Health; local constitutional amendment continued 4682 Macon-Bibb County Industrial Authority; local constitutional amendment continued 4685 Macon-Bibb County Transit Authority; board members; insurance; immunity 4601 Macon-Bibb County Urban Development Authority; local constitutional amendment continued 4698 Redevelopment powers; referendum 4736 Staggered motor vehicle registration periods; referendum 5620 Treasurer; office abolished 5294 Zoning and planning; local constitutional amendment continued 5308 BINGO Persons assisting in conduct of games; pay; number of organizations 511 BLASTING OR EXCAVATING Underground facilities or utilities 1069 BOARDING HOUSES Notices of termination of occupancy 1212 BOATS Marine and campground memberships; forms; cancellation 405 BOGART, TOWN OF Election of officers; personnel plan repealed 5789 BOLL WEEVIL ERADICATION ACT Borrowing by the certified cotton growers' organization; liens; executions 1086 BONDS Criminal procedure; release of surety; forfeiture; deposits; remission of forfeiture 1588 Georgia Allocation Plan; repeal upon occurrence of certain events 344

Page LXXIII

BONDS FOR GOOD BEHAVIOR Procedures; return of warrants; contempt 1151 BOONE, MR. WILLIE LEE Compensation 522 BOXING Boxing while under the influence of alcohol or a drug; State Boxing Commission 674 BRANTLEY COUNTY Clerk of the superior court; judge of the probate court; tax commissioner; annual salaries; fees; personnel 4589 Conveyance of state owned real property to the county 567 BREAST CANCER Publication and distribution of booklet 304 BREEN, MR. NORMAN Compensation 531 BROOKS COUNTY Board of commissioners; conveyance of state property 549 Brooks County Development Authority; local constitutional amendment continued 4739 BROOKS COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4739 BUFORD, CITY OF Corporate limits 5386 BUTTS COUNTY Board of commissioners; vice chairman; vacancies 5026 Business licenses; penalties 3846 Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 Butts County Industrial Development Authority; local constitutional amendment continued 3848

Page LXXIV

Butts County Water Authority abolished 5457 Clerk of the superior court; compensation 4165 Tax commissioner; compensation 5260 BUTTS COUNTY, CITY OF FLOVILLA, CITY OF JACKSON, AND CITY OF JENKINSBURG WATER AND SEWER AUTHORITY Creation; Butts County Water Authority abolished 5457 BUTTS COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3848 BUTTS COUNTY WATER AUTHORITY Abolished 5457 BULLOCH COUNTY Board of commissioners; chairman; clerk; deputy clerk 4732 Clerk of the superior court; employees' compensation 5556 Coroner; compensation; travel expenses 4748 Judge of the probate court; clerk's compensation; part-time employees 4744 Sheriff; deputies and employees; compensation and number 5007 Staggered motor vehicle registration periods; referendum 5627 Tax commissioner; assistants' compensation; part-time employees 4746 BURKE COUNTY Staggered motor vehicle registration periods 5612 Superior court; number of judges 417 BUILDINGS AND HOUSING Asbestos removal and encapsulating 1157 Cities of more than 400,000; demolition of buildings on private premises; local constitutional amendment continued 4566 Georgia Residential Finance Authority; powers; membership; residential energy-conserving systems; family farms 899 Georgia Residential Finance Authority; state ceiling on single-family residential housing bonds; Georgia Allocation Plan 344 Glass installations; hazardous locations 1231 Homeowner warranty agreements 1237 Housing authorities; eligible housing units 797 Modular or sectional housing; permits for transportation 655 Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 Septic tanks; permits; building permits 227 Urban Residential Finance Authorities Act for Large Municipalities (400,000 or more); powers; loans; bonds 947

Page LXXV

C CAIRO, CITY OF Conveyance of state property 520 Mayor and council; qualifications; elections; districts; ex officio mayor pro tempore 5336 CALHOUN COUNTY Board of education; local constitutional amendment continued 3940 CAMDEN COUNTY Board of education; local constitutional amendment continued 4363 Business and occupational license taxes 4558 Staggered motor vehicle registration periods; referendum 5647 CAMILLA, CITY OF Councilmen; voting districts; elections 4493 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Repeal 957 CAMPGROUNDS Campground and marine memberships; cancellation; forms 405 CANDLER COUNTY Metter-Candler County Airport Authority created 4638 CANTON, CITY OF Corporate limits 3607 CARNIVAL RIDE SAFETY ACT 330 CARROLL COUNTY Board of education; compensation and expenses 4720 Board of education; elections 4734 Carroll County Government Authority Study Commission; creation 5654 Civil service board; composition; terms; officers; appeals 4596 Clerk of the superior court; compensation 5080 CARROLLTON, CITY OF Corporate limits; deannexation 4470

Page LXXVI

CARTERSVILLE, CITY OF Cartersville Development Authority; local constitutional amendment continued 4694 CARTERSVILLE DEVELOPMENT AUTHORITY Local constitutional amendment continued 4694 CASH Reports of currency transactions by financial institutions 214 CATOOSA COUNTY Board of utilities commissioners; compensation 5535 Commissioner; compensation; personnel 3540 Commissioner; hospitalization insurance for certain elected officers; budgets; bids 5538 Judge of the probate court; clerical help 4722 Tax commissioner; compensation; help 5135 CAVE SPRING, CITY OF Conveyance of state property to city 262 CEDARTOWN, CITY OF Cedartown Development Authority; local constitutional amendment continued 5070 CEDARTOWN DEVELOPMENT AUTHORITY Local constitutional amendment continued 5070 CEMETERIES Regulation; employees; new nonperpetual cemeteries prohibited; escrow accounts 1468 CENTERVILLE, CITY OF Redevelopment powers; referendum 5157 CHAMBERS, R. E., MEMORIAL BRIDGE 190 CHAMBLEE, CITY OF Election districts 5796 Mayor and councilmen; majority vote to fix compensation 5753 CHARITABLE ORGANIZATIONS Names; reports; registration fees 1465

Page LXXVII

CHARLES ALLEN FIELDS Acceptance of bid for purchase of state property in Franklin County 553 CHARLTON COUNTY County attorney; residence 5701 Tax commissioner; compensation; fees 4790 CHATHAM AREA TRANSIT AUTHORITY Creation; Savannah Transit Authority Act repealed 5082 CHATHAM COUNTY Board of commissioners; transit services 5315 Chatham Area Transit Authority; creation 5082 Civil service systems; local constitutional amendment continued 4222 Construction and maintenance of streets; assessments; local constitutional amendment continued 4214 County and judicial officers; compensation 4797 General Hospital Authority of West Chatham County; local constitutional amendment continued 4352 Homestead exemptions for persons who are 65 or disabled; local constitutional amendment continued 4219 Homestead exemptions from school taxes; local constitutional amendment continued 4354 Magistrate court; judge emeritus; additional magistrates; compensation 5527 Ordinances; occupational license taxes; recorder's court; local constitutional amendment continued 4560 Payment of property taxes; local constitutional amendment continued 4217 Superior court; judges pro hac vice; local constitutional amendment continued 4357 Superior court; venue; Georgia Ports Authority 164 CHATSWORTH, CITY OF Mayor and aldermen; date for taking office 3869 CHATTAHOOCHEE COUNTY Board of education; local constitutional amendment continued 4311 Business license fees and taxes; local constitutional amendment continued 4315 Chattahoochee County Industrial Development Authority; local constitutional amendment continued 4317 County school superintendent; appointment; local constitutional amendment continued 4313 Sheriff; local constitutional amendment continued 4319 Sheriff; operating expenses 4575

Page LXXVIII

CHATTAHOOCHEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 4317 CHATTAHOOCHEE JUDICIAL CIRCUIT Assistant district attorneys 4793 CHATTOOGA COUNTY Board of commissioners created; referendum 5138 Chattooga County Development Authority; local constitutional amendment continued 4556 Chattooga County Hospital Authority; vacancies 4635 Local sales and use tax for education; formula for allocation 3712 State court; judge; practice of law; office facilities; solicitor's qualifications 4540 CHATTOOGA COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4556 CHATTOOGA COUNTY HOSPITAL AUTHORITY Vacancies 4635 CHECKS Fees for bad checks, drafts, or orders 207 , 209 CHEROKEE COUNTY Board of commissioners; creation; referendum 3635 Board of education; appointment of chairman; terms; vacancies 4393 Cherokee County Water and Sewerage Authority; street lights; electrical service billing 4776 CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY Powers; street lights; electrical service billing 4776 CHEROKEE JUDICIAL CIRCUIT Assistant district attorney 4401 CHILD ABUSE Jury leave for teachers 498 CHILD-CARING INSTITUTIONS Emergency relocation of residents; prohibition of admissions; monitors 662

Page LXXIX

CHILD CUSTODY Agreements between parents regarding custody issues 1585 Grandparents; visitation rights 1516 Notification of changes in the residence of the child 1036 Visitation rights of noncustodial parent 1000 CHILDREN Hearsay evidence; statements by children under 14 describing sexual contact or physical abuse 668 Missing Children Information Center 659 CHILDREN AND YOUTH Child welfare agencies; licenses; reports; prohibited conduct; penalties 1038 Deprived children; petitions when a child is not released at a detention hearing 1097 CHILD SUPPORT Revision of permanent alimony for the support of a child 1259 CHIROPRACTORS Educational requirements; schools or colleges in foreign countries 831 Scope of practice; standard of care; torts 1534 CIGARS Excise tax rate 468 CITIES Annexation by municipalities having independent school systems 284 Cities of 150,000 or more; street improvement bonds; local constitutional amendment continued 4808 Cities of 300,000 or more; joint city-county boards of tax assessors; local constitutional amendment continued 4456 Cities of more than 300,000; courts; local constitutional amendment continued 4820 Cities of more than 300,000; traffic courts; senior judges 455 Cities of more than 400,000; demolition of buildings on private premises; local constitutional amendment continued 4566 Cities of not less than 400,000; contracts; downtown development areas; urban redevelopment areas 841 Distilled spirits; manufacture, sale, or distribution 1083 Emergency medical services 1321 Joint purchase of insurance by municipalities and counties; joint self-insurance programs 1496 Municipal courts; creation and jurisdiction 784 Municipal court services; magistrate courts; contracts 787 Municipal officers; vacancies; resignations; procedures 996

Page LXXX

Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 Retirement and pension systems; military service 1233 Retirement systems; investment of assets 1240 School superintendents; qualifications 800 Sovereign immunity; public policy; waiver; insurance 1312 CITY OF COVINGTON PARKING AUTHORITY Local constitutional amendment continued 3871 CITY OF DALTON BUILDING AUTHORITY Local constitutional amendment continued 5547 CITY OF ISLANDS Incorporation; charter; referendum 4872 CITY OF PERRY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 4194 CIVIL PRACTICE Charges to the jury; reduction to writing; sending out with the jury 320 Court costs; attorney's fees and expenses of litigation in cases having a complete absence of any justiciable issue; appeals 1591 Damages and attorney's fees; wholesale sales; contracts between principals and their sales representatives 884 Discovery; production of documents; nonparties; practitioners of healing arts, hospitals, and health care facilities 1277 Dismissal and recommencement of civil actions; time; permission and order of court 816 Foreign judgments; enforcement 380 Habeas corpus and nonjury proceedings in counties in which county correctional institutions or jails are located 318 Interest rate on judgments 195 Public property; causes of action; proceedings; judicial relief 316 Relief from judgments; procedures; complaints in equity for relief from judgments abolished; time limits; fraud 294 Securities; exemptions from civil liability; burden of proof 1559 Subpoenas; medical records; coroners 1594 Superior courts; clerks; fees and costs; prefiling deposits 1002 Uniform Enforcement of Foreign Judgments Law enacted 380 Venue; actions against railroads and electric companies 37 Venue; actions against the Georgia Ports Authority 164 CIVIL SERVICE County employees; employees of elected county officers 764

Page LXXXI

CLAIMS ADVISORY BOARD Membership of the commissioner of corrections; quorum 155 CLARKE COUNTY Coroner; compensation 4710 District attorney; personnel 4840 State court; judge; compensation 5075 CLAYTON, CITY OF Homestead exemptions; referendum 4778 CLAYTON COUNTY Board of commissioners; compensation; vice-chairman 5563 Board of education; chairman; terms; vacancies 4752 Board of education; school superintendent; local constitutional amendment continued 5013 Board of education; vacancies 4754 Business licenses and regulation; local constitutional amendment continued 4762 Civil service system; local constitutional amendment continued 5573 Coroner; compensation 5015 District attorney; county salary supplement 4760 Employee pensions; benefits 5663 Homestead exemptions; referendum 5019 Judge of the probate court; compensation 4758 Judges of the superior court; supplements 4756 Ordinances; penalties; local constitutional amendment continued 5011 Purchases 5668 Sheriff; clerk of the superior court; compensation; deputy clerk 5566 State court; deputy clerk; compensation of judge and solicitor; fines and forfeitures 5569 Tax commissioner; deputy tax commissioner; compensation 5017 Waterworks and sewerage system; bonds; local constitutional amendment continued 5009 CLAYTON JUDICIAL CIRCUIT District attorney; county salary supplement 4760 Judges; salary supplement 4756 CLERKS OF THE SUPERIOR COURTS Annual training; reimbursement of expenses 213 Executions from the magistrate courts; recording 701 Minimum annual salaries 833 Satisfaction and cancellation of deeds to secure debt and other instruments; duties; fees; forms; liability 754

Page LXXXII

COASTAL MARSHLANDS Uniform rules of the road; enforcement on private property 834 COBB COUNTY Abolished municipalities; assets and obligations; local constitutional amendment continued 4412 Alcoholic beverages; taxes; allocation to schools; local constitutional amendment continued 4594 Alcoholic beverages; taxes; school districts; local constitutional amendment continued 4052 Board of commissioners; compensation; chairman 4157 Board of education; compensation 4024 Board of education; enactment of legislation without a referendum; local constitutional amendment continued 4057 Board of education; local constitutional amendment continued 4055 Board of education; reapportionment of education districts; local constitutional amendment continued 4416 Board of education; school superintendent; local constitutional amendment continued 4511 Business licenses and taxes; local constitutional amendment continued 5450 Chief deputy sheriff; chief investigator; compensation 5312 Civil service system; coverage 5448 Civil service system; local constitutional amendment continued 4505 Clerk and deputy clerk of the superior court; compensation 4581 Cobb County-Marietta Water Authority; bonding limits; compensation; vacancies; bids 5296 Cobb Judicial Circuit; judges; salary supplements 3949 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; meetings 5549 District attorney; salary supplement; investigators; assistant district attorneys 4726 Fire protection districts; local constitutional amendment continued 4501 Homestead exemption; county and school district purposes; referendum 4370 Judge and clerk of the probate court; compensation 4065 Juvenile court; judge's compensation 4772 Medical examiner; local constitutional amendment continued 4507 Ordinances; penalties; local constitutional amendment continued 4410 Sewerage system; bonds; local constitutional amendment continued 4509 Solid waste facilities; bonds; local constitutional amendment continued 4408 South Cobb County Courthouse Facilities Study Commission 4021 State court; assistant solicitors; compensation of solicitor, chief assistant, and assistant solicitors 5065 State Court; clerk; chief deputy clerk; compensation 4458 State court; costs 5049 State court; judges; compensation 4700 Tax commissioner; compensation of the chief clerk 4112 COBB COUNTY-MARIETTA WATER AUTHORITY Bonding limits; compensation; vacancies; bids 5296

Page LXXXIII

COBB JUDICIAL CIRCUIT District attorney; salary supplement; investigators; assistant district attorneys 4726 Judges; salary supplements 3949 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY Members; terms; vacancies; meetings 5549 COCAINE Mixtures; penalties 397 COLLEGE PARK, CITY OF Corporate limits 5575 COLLINS, CITY OF Mayor; terms of office; referendum 4472 COLONEL MANCEL NEWMAN BRIDGE 533 COLQUITT COUNTY Board of commissioners; composition; elections; districts; compensation; powers 3735 Board of education; compensation and expenses 3722 Board of education; composition; elections; districts; referendum 3724 COLUMBIA COUNTY Staggered motor vehicle registration periods; referendum 5636 Superior court; number of judges 417 Tri-County Water Authority created 5318 COLUMBUS, GEORGIA Ad valorem taxation of personal property in transit or stored; local constitutional amendment continued 3803 Appropriations for advertising and promotion; local constitutional amendment continued 3788 Charter review commission; local constitutional amendment continued 3805 Code of ethics; penalties 4206 Columbus Airport Commission; local constitutional amendment continued 3776 Columbus Building Authority; local constitutional amendment continued 3778 Columbus, Georgia and Muscogee County; merger of school systems; local constitutional amendment continued 3772 Columbus-Muscogee County Port Development Commission; local constitutional amendment continued 3780 Consolidation of city and county governments; local constitutional amendment continued 3784

Page LXXXIV

Homestead exemptions; local constitutional amendment continued 3796 , 3798 Mayor and councilors; vacancies 4515 Muscogee County Health Department; local constitutional amendment continued 3774 Muscogee County Industrial Development Authority; local constitutional amendment continued 3782 Muscogee County; school district; homestead exemptions; local constitutional amendment continued 3794 Revenue bonds; local constitutional amendment continued 3790 School district; homestead exemptions; local constitutional amendment continued 3792 School district; museums; art galleries; art centers 3842 School superintendent; emergency contracts 3844 Street improvement bonds; local constitutional amendment continued 3786 Valuation of homestead property; local constitutional amendment continued 3800 COLUMBUS BUILDING AUTHORITY Local constitutional amendment continued 3778 COLUMBUS-MUSCOGEE COUNTY PORT DEVELOPMENT COMMISSION Local constitutional amendment continued 3780 COMER, CITY OF Mayor; term of office 4724 COMMERCE AND TRADE Amusement Ride Safety Act; definitions; applicability 330 Art dealers; limited edition reproductions; warranties; deceptive practices 635 Bad checks; fees 207 , 209 Below Cost Sales Act; attorney fees and costs; punitive damages 326 Carnival Ride Safety Act enacted 330 Code revision 10 Development districts; ad valorem tax incentives 1625 Engaging in a profession or business without a license; sanctions; cease and desist orders 1155 Fair Business Practices Act; campground memberships; marine memberships 405 Fair Business Practices Act; office supply transactions 1046 Fair Business Practices Act; promotional giveaways or contests 1313 Food fish dealers; licenses 172 Fuel; attorney fees and costs; punitive damages 326 Retail Installment and Home Solicitation Sales Act; fees for bad checks, drafts, or orders 207 Securities; dealers and salesmen; sanctions; exemptions from registration of securities; confidential records; interstate investigations; civil liability; burden of proof 1559 Wholesale sales; contracts between principals and their sales representatives; payments; damages; attorney's fees 884

Page LXXXV

COMMERCE, CITY OF Corporate limits; city manager; school tax; compensation of school board 5452 COMMERCIAL CODE Secured transactions; financing and continuation statements; maturity dates; expiration 357 Superior courts; clerks; fees and costs 1002 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Breast cancer booklet 304 COMPTROLLER GENERAL Title changed in certain Code sections 855 CONDOMINIUMS Documents; requirements for copies furnished to the prospective buyer 942 CONSERVATION AND NATURAL RESOURCES Abandoned wells or holes 922 Asbestos removal and encapsulating; licensing of contractors; inspections 1157 Coastal marshlands and estuarine areas; enforcement of uniform rules of the road on private property 834 Code revision 10 Dumping wastes into public storm or sanitary sewers without permission; penalties; contraband 780 Forestry; reforestation incentives program 402 Georgia Asbestos Safety Act enacted 1157 Georgia Environmental Facilities Authority created 569 Georgia Forestry Commission; transfer of structure to Schley County Board of Commissioners 532 Georgia Safe Dams Act of 1978; exemption of certain dams extended 196 Hazardous waste management; definitions; claims; limitation of liability 761 Herty Foundation; powers 362 Historic preservation; grants; surveys; powers and duties of the Department of Natural Resources 399 Lake Lanier Islands Development Authority; venue of actions 377 Metropolitan Rivers Protection Act; rules and regulations; procedures; appeals 321 Motor vehicle emission inspections 1061 Resisting, obstructing, or opposing a conservation ranger 484 Sapelo Island Heritage Authority; Hog Hammock community 453 State parks, historic sites, and recreational areas; hunting or trapping 437 Water and sewerage facilities; state loans; general obligation debt 1612 Water quality; permit terms; general permits; federal funds; penalties; local ordinances 350 Wood load tickets 402

Page LXXXVI

CONSUMERS' UTILITY COUNSEI Date for abolition of office 283 CONTESTS Promotional giveaways and contests 1313 CONTRACTS Cities of not less than 400,000; downtown development areas; urban redevelopment areas 841 Department of Transportation; award of contracts when only one bid is received 153 Interest rate on judgments 195 Real estate sales or listing contracts 364 Wholesale sales; contracts between principals and their sales representatives 884 CONTROLLED SUBSTANCES Reports of law enforcement agencies 451 COOK COUNTY Board of commissioners; composition; elections; districts 5029 Board of education; school superintendent; elections; compensation 5499 CORONERS Boating accident victims; blood tests 612 Subpoenas; confidential information; costs; release of medical records to coroners of other states 1594 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Code revision 10 Corporate documents; retention periods; revocation of corporate name reservations; voting; notice of sale or disposition of assets; filing fees; rules of the Secretary of State 1454 Corporate takeovers; law repealed 433 COSMETOLOGISTS Barbering examinations 766 Examinations; practice; barbers 843 COTTON Georgia Boll Weevil Eradication Act of 1985; borrowing by the certified cotton growers' organization; liens; executions 1086

Page LXXXVII

COUNCIL FOR THE ARTS Name change 174 COUNTIES Abandoned wells or holes 922 Business and occupational license taxes and fees in unincorporated areas 1586 Civil service systems 764 Clerks of the superior courts; minimum annual salaries 833 Clerks of superior courts; reimbursement for training 213 Counties having a city of 300,000 or more; joint city-county board of tax assessors; local constitutional amendment continued 4456 Counties of 190,000-210,000; Act providing compensation of county officers repealed 229 Counties of 550,000 or more; boards of commissioners; compensation 378 County boards of health; membership 1242 County boards of health; septic tanks; building permits 227 County commissioners; vacancies; judges of the probate courts 328 County officers; vacancies; resignations 996 County surveyors; private practice without a license prohibited; exceptions 888 County-wide public library systems in counties of 550,000 or more; local constitutional amendment continued 4832 Emergency medical services 1321 Governmental reorganization 1080 Grand juries; duties; inspections 306 Joint purchase of insurance by municipalities and counties; joint self-insurance programs 1496 Judges of the probate courts; qualifications; vacancies; chief clerks 1581 Law clerks; payments to counties 1488 Motor vehicle license plates; county name decals 1333 Public works contracts; counties of 550,000 or more 309 Retirement and pension systems; military service 1233 Retirement systems; investment of assets 1240 School superintendents; qualifications 800 Sheriffs; minimum annual salaries 837 Single commissioners; minimum annual salaries 347 State inmates housed in county institutions; emergency medical costs 493 Tax assessors; size of county boards 1322 Tax collectors and tax commissioners; annual training requirements; removal from office 502 Tax receivers, tax collectors, and tax commissioners; qualifications 495 Tax receivers, tax collectors, and tax commissioners; vacancies 1229 Zoning; disclosure by public officials 1269 COURT OF APPEALS Appeals from probate courts in counties of 150,000 or more 982

Page LXXXVIII

COURTS Appalachian Judicial Circuit; terms of court 230 Assistant district attorneys; compensation; LL.M. degrees 203 Child abuse, sexual abuse, and sexual exploitation; training of criminal justice professionals; reports 1204 Cities of more than 300,000; courts; local constitutional amendment continued 4820 Clerks of the superior courts; minimum annual salaries 833 Clerks; probation of first offenders; records; entries; forms 442 Court of Appeals; appeals from probate courts in counties of more than 150,000 982 Grand juries; duties; inspections 306 Institute for continuing Judicial Education; training; reports 1204 Judges; suspension from office; compensation; reinstatement; replacement judges 1619 Judicial Council of Georgia; prior written notice of intended adoption of rules and regulations required 956 Juvenile courts; designated felony acts; discharge from custody of the Division of Youth Services; motions; time limits 192 Juvenile courts; termination of parental rights 1017 Juvenile proceedings; deprived children; petitions when the child is not released at a detention hearing 1097 Juvenile proceedings; designated felony acts; services, treatment, and programs; disposition of children under 17 sentenced in the superior courts upon becoming 17 years of age 277 Magistrate courts; constables; minimum age 198 Magistrate courts; costs and jail fees; committal hearings 282 Magistrate courts; fees in civil actions 604 Magistrate courts; municipal court services; contracts 787 Magistrate courts; prejudgment attachment; default judgments; appeals; executions; clerks; qualifications, powers, and duties 701 Mountain Judicial Circuit; terms 1526 Municipal courts; creation and jurisdiction 784 Northeastern Judicial Circuit; additional judge 160 Notaries public; seals; certifications; recording of documents, deeds, etc. 1446 Probate courts in counties of more than 150,000; practice and procedures; jury trials; appeals to the Court of Appeals and Supreme Court; new trials 982 Probate courts; judges; qualifications; vacancies; chief clerks 1581 Probate courts; judges; vacancies in office of county commissioner 328 Officers of the court, law enforcement officers, and attorneys prohibited from bail bond business 303 Secretaries of superior court judges and district attorneys; retirement; creditable service 1250 Sheriffs; minimum annual salaries 837 Sheriffs; suspension for failure to complete minimum annual in-service training 606 State courts; fees in civil actions 604 State courts; solicitors; residency requirements 171 Superior Court Judges Retirement System; retirement age; spouses' benefits 1326

Page LXXXIX

Superior courts; appeals from probate courts in counties of more than 150,000 abolished 982 Superior courts; appeals from the Department of Human Resources and county boards of health 1280 Superior courts; clerks; annual training; reimbursement of expenses 213 Superior courts; clerks; fees and costs 1002 Superior courts; clerks; recording of executions from magistrate courts 701 Superior courts; habeas corpus and nonjury proceedings in counties in which county correctional institutions or jails are located 318 Superior courts; judges; continuing judicial education expenses; secretaries base salaries 794 Superior courts; law clerks; payments to counties 1488 Supreme Court; admission of attorneys to practice; fingerprints; criminal record checks 279 Supreme Court; appeals from probate courts in counties of more than 150,000 982 Traffic courts in cities of more than 300,000; senior judges 455 COVINGTON, CITY OF City of Covington Parking Authority; local constitutional amendment continued 3871 CREDIT UNIONS Minors; accounts 458 CRIMES AND OFFENSES Aggravated sodomy; bail; appeal bond 166 Bad checks; fees and charges 207 , 209 Bingo games; pay for persons assisting in conduct of games; number of organizations a person may assist 511 Child abuse; sexual contract; hearsay evidence 668 Child abuse; use of restitution orders urged 1203 Cocaine; mixtures; penalties 397 Code revision 10 Controlled substances; conditions for dispensing 1031 Controlled substances; definitions; schedules I, IV, and V; dangerous drug list 1555 Controlled substances; reports of law enforcement agencies 451 Controlled substances; reports; sales at wholesale; registration of wholesalers 929 Criminal reproduction and sale of recorded material; visual images; videotape; masters 652 Custody; interstate interference; penalties 1325 Dangerous drugs; permits to distribute; suspension or revocation; disposition of drugs 421 Defense of a habitation; tort immunity 515 Family violence; arrests 657 Gambling and lotteries; promotional giveaways and contests 1313 Human bodies; purchase or sale of human bodies or parts thereof 645

Page XC

Impersonating a peace officer 1059 Interstate interference with custody; penalties 1325 Pistol licenses; fees 305 Pistol licenses; residency requirements 481 Resisting, obstructing, or opposing a law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger 484 Retired peace officers; carrying pistols in publicly owned or operated buildings 673 Sexual abuse; use of restitution orders urged 203 Theft of a firearm; penalties 1228 Trial judges; concealed weapons 1205 Weapons; stun guns and tasers; possession during the commission or attempted commission of certain crimes 1205 CRIMINAL PROCEDURE Arrests; certain offenses occurring between persons of the opposite sex dwelling together openly in a meretricious relationship 657 Arrests; use of force; felony suspects; preventing excapes 490 Bail; aggravated sodomy; appeal bonds 166 Bonds for good behavior; procedures; contempt 1151 Bonds; release of surety; forfeiture; deposits; remission of forfeiture 1558 Costs and jail fees; assessment by magistrates at committal hearings; unfounded and malicious complaints 282 First offenders; entry of adjudication of guilt; review of criminal records by judges 218 First offenders; probation; records; entries; forms 442 Hearsay evidence; statements by children under 14 describing sexual contact or physical abuse 668 Indictment, suspension, and vacancies in the offices of public officials 600 Nonjury proceedings and habeas corpus proceedings in counties having county correctional institutions or jails 318 Probation of first offenders; entry of adjudication of guilt; review of criminal records by judge 218 Probation of first offenders; records; entries; forms 442 Restitution orders; use urged in cases of child abuse and sexual abuse 203 Sentences; no change permitted after the term of court or 60 days 842 Stolen motor vehicles; return to owners 158 Traffic and motor vehicle offenses; deposit of driver's license in lieu of bail or incarceration; reinstatement; restoration fees 1607 Traffic convictions; time limits for filing challenges 444 CUSTODY Interstate interference with custody; penalties 1325 D DADE COUNTY Board of education; quorum 4767

Page XCI

DALTON, CITY OF City of Dalton Building Authority; local constitutional amendment continued 5547 Downtown Dalton Development Authority; local constitutional amendment continued 3881 DAMS Exemption of certain dams from the Georgia Safe Dams Act of 1978 196 DANCE HALLS Inspections 449 DAWSON COUNTY Homestead exemptions; referendum 4061 Superior court; additional judge 160 DAY CARE CENTERS Criminal records checks; fees 822 Licenses; prohibited conduct; penalties 1038 State employees; capitol hill pilot program 1489 DAY-CARE FACILITIES Monitors 662 DEAD BODIES Boating accidents; blood tests 612 Purchase or sale 645 DEADLY FORCE Arrests; preventing escapes 490 DEBTOR AND CREDITOR Attachment; notarial acts, certifications, and seals; recording of documents 1446 Garnishment; notarial acts, certifications, and seals; recording of documents 1446 Income tax refunds; setoff debt collection; claimant agencies; priority 825 DECATUR, CITY OF Homestead exemption for residents 65 or over; referendum 4475 DECATUR COUNTY Board of education; elections; school superintendent; appointment; referendum 4096

Page XCII

DECEPTIVE TRADE PRACTICES Art dealers; limited edition reproductions; warranties 635 DEEDS Notarial acts, certifications, and seals; recording of documents 1446 DEEDS TO SECURE DEBT Satisfaction and cancellation; recording; costs; forms 754 DEKALB COUNTY Board of commissioners; budgets and expenditures 5704 Board of education; operation of a junior college; local constitutional amendment continued 4333 Bonds; grandstands and stadiums; local constitutional amendment continued 4786 Community relations commission; membership 5685 Contracts with Atlanta, Fulton County, or hospital authorities; local constitutional amendment continued 4783 County and municipal firemen; Acts on duty hours repealed 4712 , 4714 DeKalb County Airport Authority; membership 5678 DeKalb County Board of Zoning Appeals; membership 5672 DeKalb County Government Study Commission; creation 5650 DeKalb County Land Use Study Commission; re-creation 5530 DeKalb County Pension Board; definitions; contributions 5716 DeKalb County Planning Commission; membership 5672 Garbage and solid waste collection and disposal contracts; local constitutional amendment continued 5047 Governing authority; powers and duties; applicability of laws; referendum 4107 Municipalities as special services tax districts; local constitutional amendment continued 4615 Staggered motor vehicle registration periods 5611 State court; additional assistant solicitors 4466 State court; fees 4631 Superior court; additional judge 423 DEKALB COUNTY AIRPORT AUTHORITY Membership 5678 DENTAL HYGIENISTS Powers 828 DEVELOPMENT DISTRICTS Ad valorem tax incentives to promote commercial and industrial development 1625

Page XCIII

DISABLED VETERANS Homestead exemption 1445 DISMISSAL OF CIVIL ACTIONS Time; permission and order of court 816 DISTRICT ATTORNEYS Assistant district attorneys; LL.M. degrees; compensation 203 DODGE COUNTY Board of education; elections; local constitutional amendment continued 4536 Dodge County-Eastman Development Authority; local constitutional amendment continued 4534 DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4534 DOMESTIC RELATIONS Adoption; children in foreign countries; releases or consent by guardians 687 Adoption; notices to grandparents with visitation rights; objections 1516 Bonds for good behavior; procedures; contempt 1151 Child custody; agreements between parents regarding custody issues 1585 Child custody; grandparents; visitation rights 1516 Child custody; notification of court of changes in the residence of the child 1036 Child custody; visitation rights of noncustodial parent 1000 Child support recovery; dissemination of drivers' license records to the Department of Human Resources 156 Code revision 10 Estates; letters of administration; surviving spouses 200 Family violence 657 Interstate interference with custody; penalties 1325 Premarital blood tests; appeals 982 Restitution orders; use urged in cases of child abuse or sexual abuse 1203 Revision of permanent alimony for the support of a child; change in income or financial status of either former spouse 1259 State Children's Trust Fund; child abuse and neglect; proposed amendment to the Constitution 1631 Termination of parental rights 1017 DOUGHERTY COUNTY Joint county-municipal board of registration and elections; creation 3831 Judges of the superior court; supplements 3708 Staggered motor vehicle registration periods 5646

Page XCIV

DOUGHERTY JUDICIAL CIRCUIT Judges; supplements 3708 DOUGLAS COUNTY Coroner; compensation 4750 Douglasville-Douglas County Water and Sewer Authority; members; voting; compensation 5072 Easement for a lightguide cable under state property in Douglas County 538 Magistrate court; chief magistrate; compensation 5063 Staggered motor vehicle registration periods; referendum 5618 DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; members; voting; compensation 5072 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY Members; voting; terms; quorum; compensation 5072 DOWNTOWN DALTON DEVELOPMENT AUTHORITY Local constitutional amendment continued 3881 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY Downtown LaGrange District; limits 4086 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Downtown district 5515 Local constitutional amendment continued 4503 DOWNTOWN SAVANNAH AUTHORITY Local constitutional amendment continued 4201 DOWNTOWN SMYRNA DEVELOPMENT AUTHORITY Local constitutional amendment continued 3957 DOWNTOWN STATESBORO DEVELOPMENT AUTHORITY Local constitutional amendment continued 4655 DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY Local constitutional amendment continued 3906

Page XCV

DRIVER TRAINING SCHOOLS Renewal of licenses 823 DRUGS Boating, skiing, etc. under the influence of alcohol or drugs 612 Controlled substances; reports of law enforcement agencies 451 Dangerous drugs; permits to distribute; suspension or revocation; disposition of drugs 421 Dispensing; conditions 1031 Wholesalers; registration; reports; prohibited purchases; penalties 929 DR. W. K. SMITH HIGHWAY 185 DULUTH, CITY OF Mayor and council; compensation; officers; clerk 4769 E EARLY COUNTY Early County Development Authority; local constitutional amendment continued 4618 EARLY COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4618 EAST ELLIJAY, CITY OF New charter 5416 EASTERN JUDICIAL CIRCUIT Judges pro hac vice; local constitutional amendment continued 4357 EASTMAN, CITY OF Corporate limits 4538 Dodge County-Eastman Development Authority; local constitutional amendment continued 4534 EAST POINT, CITY OF East Point Business and Industrial Development Authority; membership; powers; local constitutional amendment continued 4461 Retirement system; inclusion of employees; contributions 5824 EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY Membership; powers; local constitutional amendment continued 4461

Page XCVI

EDUCATION Albany State College; motor vehicle license plates 852 Appeals from decisions of local boards of education; written notices of decisions and right to appeal 216 Board of Regents; public real property inventory 1483 Boards of education; appeals in disciplinary cases 817 Code revision 10 College students; voter registration; residence 1028 County and independent school superintendents; qualifications 800 County boards of education and school superintendents; vacancies; resignations; procedures 996 Criminal records checks of employees 669 Driver educational motor vehicle redefined for ad valorem tax purposes 180 Driver training schools; renewal of licenses 823 Educational programs in penal institutions 1596 Food service personnel; sick leave 924 Fort Valley State College; motor vehicle license plates 288 Georgia Higher Education Assistance Corporation; income tax refunds; setoff debt collection 825 Georgia Institute of Technology; motor vehicle license plates 211 Georgia Southern College; motor vehicle license plates 852 Georgia State University; motor vehicle license plates 850 Georgia Student Finance Authority; income tax refunds; setoff debt collection 825 Georgia Student Finance Authority; service cancelable educational loans; members of the Georgia National Guard 499 Health insurance for retired former employees of public schools or public school systems, spouses, and dependent children 1623 Health insurance for teachers; contributions by local employers; coverage; Georgia Military College 291 Insurance; joint purchase by boards of education; joint self-insurance programs; interlocal risk management agencies 1172 Jury leave for teachers 498 Leases of schoolhouses and school property no longer needed for school purposes 38 Legislative Educational Research Council abolished 827 Macon Junior College; motor vehicle license plates 223 Mercer University; motor vehicle license plates 223 Morehouse College; motor vehicle license plates 223 Morris Brown College; motor vehicle license plates 850 Municipalities having independent school systems; annexation of territory 284 Property; leases 38 Public school disciplinary tribunals; appeals; time limits for decisions 817 Public school disciplinary tribunals; children in kindergarten through primary grade 3 1079 Public school employees; health insurance; coverage; surviving spouses and dependent children 1601 Retired Teachers' Day designated 619 Savannah State College; motor vehicle license plates 290 School bus drivers; minimum salary 880

Page XCVII

School bus drivers to report vehicles passing a stopped school bus; enforcement 819 School bus exhaust system requirements 501 School buses; 4-H activities 149 School security personnel; law enforcement powers 1549 Sick and annual leave for teachers and other personnel; breaks in service; certification 1263 Sick leave for teachers; cross references in law changed 782 State Medical Education Board; income tax refunds; setoff debt collection 825 Student loans and financial assistance; debt collection; income tax refunds 825 Student loans and financial assistance; Selective Service System registration required of applicants 759 Teachers Retirement System of Georgia see Retirement and Pensions Teachers and professional employees; termination, suspension, nonrenewal, demotion, or reprimand; procedures; notices 300 University System of Georgia; acquisition of public property; eminent domain 1187 University of Georgia; motor vehicle license plates 312 Valdosta State College; motor vehicle license plates 223 Wesleyan College; motor vehicle license plates 201 West Georgia College; motor vehicle license plates 852 Young Harris College; motor vehicle license plates 275 EFFINGHAM COUNTY Effingham County Industrial Development Authority; ad valorem taxation; powers and duties; membership 3873 Effingham County Industrial Development Authority; local constitutional amendment continued 3886 Staggered motor vehicle registration periods 5630 EFFINGHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Ad valorem taxation; powers and duties; membership 3873 Local constitutional amendment continued 3886 ELBERT COUNTY Board of commissioners; elections; districts; compensation; duties 3598 Board of education; re-creation; referendum 3578 ELBERTON, CITY OF Mayor and councilmen; election dates 4309 ELEANOR, TOWN OF Abolished; charter repealed 4610 ELECTIONS Absentee ballots; assisting an elector; lists of voters who have died or appear to be disqualified 932

Page XCVIII

Absentee electors; election superintendents; registrars; contests; calls; advertisements 772 Ballot questions 772 Campaign and Financial Disclosure Act repealed 957 Code revision 32 Commissioner of Insurance 855 Constitutional Officers Election Board; recounts 382 Deputy registrars; registration cards; receipts; main offices of boards of registrars 932 Ethics in Government Act enacted 957 House of Representatives; Districts No. 28 and 34 reapportioned 466 Incumbency of candidates to be indicated on ballots 1538 Municipal; eligibility of municipal registrars, deputy registrars, and members of boards of elections for public office; political activity; registration; exit polls 382 Notices and advertisements; eligibility of registrars, deputy registrars, and members of boards of elections for public office 382 Polling places; standards for selection 348 Presidential preference primary; date 220 Qualification and nomination of candidates; conventions; petitions 890 Registration deadlines; exit polls; campaign activities; recounts; calls for special elections 382 Vacancies in public office; procedures 996 Voter registration places in counties of 100,000 or more 772 Voter registration; residence; factors to be considered by registrars; college students 1028 ELECTRIC COMPANIES Venue of actions 37 ELLAVILLE, CITY OF Mayor and council; composition; elections; districts 4011 EMANUEL COUNTY Board of commissioners; conveyance of state property; amendment 8 Emanuel County Development Authority; local constitutional amendment continued 4741 EMANUEL COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4741 EMERGENCY MEDICAL SERVICES First responders; licenses; municipalities and counties 1321 EMERGENCY MEDICAL TECHNICIANS Indemnification; death or permanent disability 1622 , 1627

Page XCIX

EMERSON, CITY OF Mayor's court established; judge; jurisdiction 4338 EMINENT DOMAIN State Commission on the Condemnation of Public Property; acquisition of public property 1187 EMISSION INSPECTIONS Motor vehicles; dates; initial inspections 1061 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Certain certified personnel of the State Board of Education or State Department of Education; membership 1543 Comptroller General; references changed to Commissioner of Insurance 999 County probation system employees 1266 Justices of the Supreme Court; Judges of the Court of Appeals 1329 Juvenile detention facility employees 1550 Military service; certain provisions relative to employment after July 1, 1982, not repealed by implication 1233 Secretaries of superior court judges and district attorneys; creditable service 1250 EMPLOYMENT SECURITY LAW Nonprofit organizations; department may secure security bonds; reimbursable security deposits 925 Settlement and compromise of deliquent payment disputes; rules and regulations; reports; records 415 Waiver of interest payments by the Commissioner of Labor; reports; audits 299 ENGLISH Designation as the official language of the State of Georgia 529 ENVIRONMENTAL FACILITIES AUTHORITY, GEORGIA Created 569 EQUITY Complaints in equity for relief from judgments abolished; time limits; procedures; fraud 294 ETHICS IN GOVERNMENT ACT Enactment 957

Page C

ETOWAH-FORSYTH WATER AUTHORITY Members; appointment 4680 EVANS COUNTY Board of education; compensation; expenses 4051 EVIDENCE Hearsay; statements by children under 14 describing sexual contact or physical abuse 668 Libel; retractions and requests therefor; relevant and competent evidence 272 Lost papers; appeals 982 Privileged communications to a clergyman; medical information 1277 Privileged communications; veterinary care 1090 Securities; burden of proof; confidential information 1559 F FAIR ACCESS TO INSURANCE REQUIREMENTS PLAN Extension of operation of law 508 FAIR BUSINESS PRACTICES ACT OF 1975 Campground and marine memberships; forms; cancellations 405 Office supply transactions 1046 Promotional giveaways or contests 1313 FAMILY VIOLENCE Persons of the opposite sex dwelling together openly in a meretricious relationship 657 FANNIN COUNTY Board of registrations and elections created 3533 Terms of superior court 230 FEDERAL GRANT PROGRAMS Governor; agreements with other states 178 FIDUCIARIES Investments by corporate fiduciaries in certain investment trusts 882 FIELDS, CHARLES ALLEN Acceptance of bid for purchase of state property in Franklin County 553

Page CI

FIREARMS Licenses to carry pistols; residency requirements 481 Stun guns and tasers; possession during commission of crimes; trial judges; concealed weapons 1205 Theft; penalties 1228 FIRE PROTECTION AND SAFETY Abstracts of driving records of applicants for employment by local fire departments 514 Blasting or excavating near underground facilities or utilities 1069 Code revision 10 Criminal histories of applicants for employment by local fire departments 513 Firemen employed by the state; injuries in the line of duty; compensation 1491 Fireworks 798 Indemnification; death or permanent disability of firemen 1627 Indemnification; firemen; definition 1478 Motor vehicle license plates for certified firefighters 427 FIREWORKS Model rockets; safety regulations, license fees, and inspections relative to fireworks; Safety Fire Commissioner; powers 798 FIRST OFFENDERS Adjudications of guilt; review of criminal records by judges 218 Probation; records; entries; forms 442 FLOVILLA, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 FLOYD COUNTY Board of elections and registration created 5289 Homestead exemption; referendum 5511 School district; homestead exemption; referendum 5057 FOOD, DRUGS, AND COSMETICS Adulteration or misbranding of food 197 Beef; Labeling; antibiotics or growth hormones; Georgia lean beef 1089 Cocaine mixtures; penalties 397 Code revision 10 Controlled substances; reports of law enforcement agencies 451 Dangerous drugs; permits to distribute; suspension or revocation; disposition of drugs 421 Drug dependent individuals and drug abusers; outpatient treatment; procedures 1098

Page CII

Drugs; controlled substances; conditions for dispensing 1031 Drugs; cummulative effect of the Georgia Drug and Cosmetic Act; controlled substances; dangerous drugs 1555 Drugs; wholesalers; registration; reports on controlled substances; penalties; practitioners prohibited from making certain purchases 929 Food fish dealers; licenses 172 Insulin and insulin syringes; sales and use tax exemption 1459 Oxygen; sales and use tax exemption 1467 Pharmacists; continuing pharmaceutical education requirements; pharmacy intern licenses 1603 Vidalia Onion Act of 1986 3 FOOD FISH DEALERS Licenses 172 FOREIGN JUDGMENTS Enforcement 380 FORESTRY Reforestation incentives program; wood load tickets 402 FORSYTH, CITY OF Corporate boundaries 4367 FORSYTH COUNTY Board of commissioners; expense allowance 4395 Etowah-Forsyth Water Authority; members; appointment 4680 Forsyth County Water and Sewerage Authority; abolition; transfer of rights, obligations, and employees to Forsyth County 3658 Homestead exemption from school district taxes; referendum 4347 Merit or civil service system; local constitutional amendment continued 4573 FORSYTH COUNTY WATER AND SEWERAGE AUTHORITY Abolition; transfer of rights, obligations, and employees to Forsyth County 3658 FORT HOWARD PAPER COMPANY Easement over state property in Effingham County 39 FORT VALLEY STATE COLLEGE Motor vehicle license plates 288 4-H CLUBS School buses; use for activities 149

Page CIII

FRANKLIN, CITY OF Franklin-Heard County Water Authority; sewage projects; limitations on bonds and interest rates 5367 FRANKLIN-HEARD COUNTY WATER AUTHORITY Sewage projects; limitations on bonds and interest rates 5367 FUEL Below Cost Sales Act; attorney fees and costs; punitive damages 326 FULTON COUNTY Annexation by the City of Atlanta; school system; local constitutional amendment continued 4812 Atlanta; freeport exemption; urban enterprise zones; taxes; local constitutional amendment continued 4426 Atlanta-Fulton County Taxation Study Commission; creation 5652 Board of commissioners; advertising and promoting the county; local constitutional amendment continued 4029 Board of commissioners; board of education; branch offices; local constitutional amendment continued 4043 Bonds; grandstands and stadiums; local constitutional amendment continued 4786 Business licenses and taxes; local constitutional amendment continued 4045 Civil service system; local constitutional amendment continued 4420 Civil service system; coverage; local constitutional amendment continued 4452 Contracts with Atlanta, DeKalb County, or hospital authorities; local constitutional amendment continued 4783 County and school district taxes; homestead exemption; referendum 4359 County officers; chief clerks, assistants, or deputies; local constitutional amendment continued 4774 County-wide library system; title to real property; special district; taxation 5370 Detention facilities; local constitutional amendment continued 4428 Expenditure of county funds to support state-owned institutions; local constitutional amendment continued 4450 Fulton County Industrial District; educational taxation; local constitutional amendment continued 4438 Garbage disposal districts; local constitutional amendment continued 4454 General obligation bonds for certain public improvements; issuance without a referendum; local constitutional amendment continued 4444 Governing authority; powers, responsibilities, and limitations; local constitutional amendment continued 4442 Grants to municipalities for recreational programs; local constitutional amendment continued 4436 Homestead exemption for residents who are disabled or 65 or older 4434 Homestead exemptions; nonprofit cooperative ownership housing corporation stockholders; local constitutional amendment continued 4448

Page CIV

Landfills; local constitutional amendment continued 4418 Medical examiner; local constitutional amendment continued 4031 Operation of recreational programs in cities of 5,000 or less; local constitutional amendment continued 4446 Ordinances; local constitutional amendment continued 4027 Pension system; participation; local constitutional amendment continued 4039 Recreational programs in cities of not more than 5,000; local constitutional amendment continued 4035 Redevelopment powers; referendum 4148 Retirement system; increases in benefits; local constitutional amendment continued 4041 School district debt; assumption by City of Atlanta when territory is annexed; local constitutional amendment continued 4814 Services districts; taxation; local constitutional amendment continued 4430 Sewerage, water, and fire prevention systems; parks; taxes; local constitutional amendment continued 4422 Stadium; local constitutional amendment continued 4047 Street improvements; local constitutional amendment continued 4033 Tax commissioner; chief deputy; selection; local constitutional amendment continued 4440 Tax commissioner; collection of taxes for the City of Atlanta; local constitutional amendment continued 4037 Tax commissioner; uncollectible checks for automobile license tags; local constitutional amendment continued 4049 Urban enterprise zones; taxation; local constitutional amendment continued 4424 FULTON COUNTY AND POLITICAL SUBDIVISIONS THEREIN Ad valorem taxation; procedures; local constitutional amendment continued 4432 FUNERAL DIRECTORS Dead bodies; notices of infectious or communicable diseases 1513 G GAINESVILLE, CITY OF Gainesville and Hall County Development Authority; local constitutional amendment continued 4328 Independent school district; homestead exemption; referendum 3815 GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4328 GAME AND FISH Dip nets; cast nets; threadfin shad; blueback herring; gizzard shad 169 Fish dealers; licenses; channel catfish; out-of-state fish shipments 1460 Food fish dealers; resident and nonresident licenses; penalties 172

Page CV

Hunting or trapping at state parks, historic sites, and recreational areas 437 Hunting redefined 1460 Impersonating a conservation ranger 1059 Interference with lawful taking of wildlife prohibited; failure to obey a law enforcement officer 1460 Raccoon fur seller's license fee 194 Red drum; spotted sea trout; creel and size limits 504 Resisting, obstructing, or opposing a conservation ranger 484 Taxidermists; mounting and sale of furbearers, deer, and squirrel 485 GARDEN CITY Corporate limits 4578 GARNISHMENT Notarial acts, certifications, and seals 1446 GENERAL ASSEMBLY Acts; local Acts requiring a referendum or special election; maps 1608 Air travel; reimbursement of members 314 Assistant administration floor leaders of the House of Representatives; compensation 311 Claims Advisory Board; membership of the commissioner of corrections; quorum 155 Code revision 10 Georgia Occupational Regulation Review Law; review of proposed legislation 803 House Districts No. 28 and 34; reapportionment 466 Judicial Council of Georgia; notice of proposed rules and regulations 956 Legislative Educational Research Council abolished 827 Metropolitan Atlanta Rapid Transit Overview Committee; date for repeal of resolution 457 Mileage reimbursement rate 356 Motor vehicle license plates 1333 Municipal or county road or street authorities; referendum required 1628 GENERAL HOSPITAL AUTHORITY OF WEST CHATHAM COUNTY Local constitutional amendment continued 4352 GENERAL PROVISIONS English designated as the official language of the State of Georgia 529 Statutes; referendum required to create or amend county or municipal road or street authorities 1628 GEORGIA AGRICULTURAL EXPOSITION CENTER Henry L. Reaves Arena designated 1198 Sam P. McGill Exhibition Building designated 1197

Page CVI

GEORGIA ALLOCATION PLAN Repeal upon occurance of certain events 344 GEORGIA ANIMAL PROTECTION ACT Enacted; regulation of animal shelters, kennels, stables, and pet dealers 628 GEORGIA BOLL WEEVIL ERADICATION ACT OF 1985 Borrowing by the certified cotton growers' organization; liens; executions 1086 GEORGIA BUILDING AUTHORITY Agency for Removal of Hazardous Materials created 829 Day care centers for state employees; capitol hill pilot program 1489 Real property inventory 1483 GEORGIA BUILDING AUTHORITY (HOSPITAL) Real property inventory 1483 GEORGIA BUILDING AUTHORITY (MARKETS) Real property inventory 1483 GEORGIA BUILDING AUTHORITY (PENAL) Real property inventory 1483 GEORGIA BUREAU OF INVESTIGATION Impersonating an agent 1059 Jackson County; jurisdiction; local constitutional amendment continued 4704 Missing Children Information Center created; local law enforcement agencies; duties 659 Phil Peters Building designated 534 GEORGIA COUNCIL FOR THE ARTS Name change 174 GEORGIA CRIME INFORMATION CENTER Attorneys; admission to practice; criminal records checks 279 Department of Human Resources; criminal records checks of applicants for employment 1225 Drivers' licenses; records 156 Fire departments; criminal histories of applicants for employment 513 Records checks for persons exercising supervisory or disciplinary power over children 669

Page CVII

GEORGIA DEVELOPMENT AUTHORITY First-time farmer tax-free note program; eligibility for loans 656 Membership; powers; programs; tax exemptions; value 705 GEORGIA EDUCATION AUTHORITY (UNIVERSITY) Real property inventory 1483 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Creation 569 GEORGIA FOOD ACT Beef labeling 1089 GEORGIA FORESTRY COMMISSION Transfer of structure to Schley County Board of Commissioners 532 GEORGIA HAZARDOUS WASTE MANAGEMENT ACT Definitions; claims; limitation of liability 761 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Income tax refunds; setoff debt collection 825 Selective Service System registration 759 GEORGIA INSTITUTE OF TECHNOLOGY Motor vehicles license plates 211 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Employee contributions; service retirement allowance 1255 GEORGIA MILITARY COLLEGE Health insurance for teachers 291 GEORGIA NATIONAL GUARD Educational loans 499 GEORGIA OCCUPATIONAL REGULATION REVIEW LAW Review of proposed legislation licensing or certifying a profession or business 803

Page CVIII

GEORGIA PORTS AUTHORITY Real property inventory 1483 Venue of actions 164 GEORGIA RESIDENTIAL FINANCE AUTHORITY Powers; membership; residential energy-conserving systems; family farms 899 State ceiling on single-family residential housing bonds; Georgia Allocation Plan 344 GEORGIA SAFE DAMS ACT OF 1978 Exemption of certain dams extended 196 GEORGIA SOUTHERN COLLEGE Motor vehicle license plates 852 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION Appropriations; use if debt is not incurred; negotiated sales; investments 339 GEORGIA STATE PATROL Impersonating a member 1059 State Patrol Disciplinary Board; membership 193 GEORGIA STATE UNIVERSITY Motor vehicle license plates 850 GEORGIA STUDENT FINANCE AUTHORITY Income tax refunds; setoff debt collection 825 Selective Service System registration 759 GEORGIA TIME-SHARE ACT Promotional giveaways and contests 1313 GEORGIA WATER QUALITY CONTROL ACT Permit terms; general permits; federal funds; penalties; local ordinances 350 GIFTS Anatomical gifts; procedures; minors; irrevocability at death; purchase or sale 645

Page CIX

GILMER COUNTY Terms of Superior Court 230 GLASS Building installations; hazardous locations 1231 GLYNN COUNTY Staggered motor vehicle registration periods 5632 GORDON COUNTY Assistant district attorney 4401 Coroner; compensation; deputy coroners 4718 GOVERNOR Elections; recounts 382 Federal grant programs; agreements with other states 178 Task Force on Funding of Indigent Health Care Programs; creation by Governor requested 526 GOVERNOR'S COMMISSION ON BLACK ON BLACK CRIME 188 GRAND JURIES Duties; inspections 306 GRANDPARENTS Child custody; adoption; visitation rights 1516 GREENE COUNTY Board of commissioners; elections; districts; vacancies 3684 Board of education; elections; districts; vacancies 3696 Greene County Development Authority; membership; terms of office 3681 GREENE COUNTY DEVELOPMENT AUTHORITY Membership; terms of office 3681 GRIFFIN, CITY OF Griffin Development Authority; local constitutional amendment continued 3915 GRIFFIN DEVELOPMENT AUTHORITY Local constitutional amendment continued 3915

Page CX

GUARDIAN AND WARD Appeals 982 Estate planning tax-motivated dispositions of a ward's property authorized 684 GWINNETT COUNTY Board of education; chairman; terms 4552 Board of education; compensation 5354 Board of education; school superintendent; local constitutional amendment continued 4626 Business license taxes; solid waste disposal; ambulance service; cable television; local constitutional amendment continued 4624 Fire protection districts; sewerage districts; local constitutional amendment continued 4554 Garbage disposal; landfills; sanitation districts; local constitutional amendment continued 4547 Gwinnett County Industrial Building Authority; local constitutional amendment continued 4549 Merit system board; executive secretary; personnel director; meetings 5303 Merit system; local constitutional amendment continued 4621 Ordinances; speed limits; bridges; truck routes; local constitutional amendment continued 5359 Staggered motor vehicle registration periods; referendum 5625 State court; judges; solicitor; compensation 5356 Water, sanitation, sewerage, and fire protection districts; local constitutional amendment continued 4629 GWINNETT COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 4549 H HABEAS CORPUS Proceedings in counties in which county correctional institutions or jails are located 318 HABERSHAM COUNTY Board of commissioners; compensation 5554 Board of education; borrowing; local constitutional amendment continued 3827 District attorney; investigator; compensation 5493 Homestead exemption from school taxes; local constitutional amendment continued 3807 Superior court; terms 1526 HALL COUNTY Board of education; local constitutional amendment continued 4330

Page CXI

Business and occupational licenses and taxes; local constitutional amendment continued 5344 Business and occupational license taxes 4326 Civil service system; local constitutional amendment continued 4324 Gainesville and Hall County Development Authority; local constitutional amendment continued 4328 Lake Lanier Islands Development Authority; venue of actions 377 Power of taxation; assessment dates; tax bills; local constitutional amendment continued 4321 School district; homestead exemption; referendum 3811 Staggered motor vehicle registration periods; referendum 5616 Superior court; additional judge 160 HAMILTON COUNTY, TENNESSEE Conveyance of the state's interest in a 99 year lease 540 HANDGUNS See Pistols HANDICAPPED PERSONS Code revision 10 HAPEVILLE, CITY OF Corporate limits 4345 HARALSON COUNTY Contracts for lease or acquisition of a county courthouse; local constitutional amendment continued 4690 Haralson County Water Authority; membership; terms; quorum; vacancies 4657 Tax commissioner; commission for collection of school taxes 5154 HARALSON COUNTY WATER AUTHORITY Membership; terms; quorum; vacancies 4657 HARRIS COUNTY Board of education; education districts 4517 HART COUNTY Coroner; compensation 5310 HAY BALES Motor vehicle size limits 471

Page CXII

HAYES, ROLAND, PARKWAY 516 HAZARDOUS WASTE MANAGEMENT Definitions; claims; limitation of liability 761 HEALTH AIDS; dead bodies; notices of infectious or communicable diseases required 1513 Alcoholism or drug addiction; hospitals; insurance coverage 695 Anatomical gifts; organ transplants; procedures; purchase or sale of human bodies or parts thereof 645 Bathhouses; certain operations prohibited; inspection warrants; injunctions; penalties 1208 Breast cancer booklet 304 Boxing while under the influence of alcohol or a drug; State Boxing Commission; sunset 674 Chiropractic; educational requirements 831 Code revision 10 County boards of health; membership 1242 Dead bodies; notices of infectious or communicable diseases required; procedures 1513 Department of Human Resources and county boards of health; appeals; procedures; notices; time limits 1280 Emergency medical services; first responders; licenses; insurance; municipalities and counties 1321 Emergency medical technicians; indemnification; death or permanent disability 1622 , 1627 Health maintenance organizations; regulation 676 Health Planning Agency; state health plan; rules; certificates of need 148 Health Planning Review Board; practices and procedures; appeals 744 Hearing aids; sales and use tax exemption 1584 Hospital and nursing home liens 222 Hospital authorities; audits; filing 489 Hospital Equipment Financing Authority; administration; staff; bonds; powers 1519 Hospitals owned by hospital authorities or political subdivisions; use of proceeds from sale; indigent care 744 Indemnification of firemen and persons rendering emergency services at fires 1478 Insulin and insulin syringes; sales and use tax exemption 1459 Living wills; effectiveness; forms 445 Medicaid; modification of state plan; nursing homes 486 Medical records; subpoenas; release to coroners of other states 1594 Mental health, mental retardation, and substance abuse; administration of programs 1213 Nursing home administrators 846 Oxygen; sales and use tax exemption 1467 Personal care homes; county boards of health; immunity from liability for criminal records checks of personnel 509 Personal care homes; criminal records checks; records search fees 822

Page CXIII

Physical therapists; licenses; examinations 812 Pregnancy; posting signs on consumption of alcohol 618 Privileged communications; medical information 1277 Psychologists; State Board of Examiners of Psychologists; licenses; examinations 473 Respiratory Care Practices Act; enactment 264 Road houses, dance halls, etc.; inspections 449 Septic tanks; permits; county boards of health; regulations; building permits 227 State inmates; emergency medical costs 493 Sterlization of mentally incompetent persons; appeals from probate courts 982 Task Force on Funding of Indigent Health Care Programs; creation requested 526 HEALTH MAINTENANCE ORGANIZATIONS Regulation; rates 676 HEARD COUNTY Franklin-Heard County Water Authority; sewage projects; limitations on bonds and interest rates 5367 HEARING AIDS Sales and use tax exemption 1584 HELEN, CITY OF City council changed to city commission 4397 HENRY COUNTY Business licenses and taxes; racetracks; local constitutional amendment continued 4806 Homestead exemptions from school district taxes; residents 62 or over or totally disabled; referendum 5053 Magistrate court; law library fees 3890 Sheriff; judge of the probate court; clerk of the superior court; tax commissioner; compensation 4171 Staggered motor vehicle registration periods; referendum 5607 HENRY L. REAVES ARENA 1198 HERTY FOUNDATION Powers 362 HIAWASSEE, CITY OF Corporate limits 3955

Page CXIV

HIGHWAYS, BRIDGES, AND FERRIES Air Transportation Act; mandatory retirement age for pilots employed by the Department of Transportation 338 Code revision 10 County or municipal road or street authorities; referendum 1628 Department of Transportation; award of contracts when only one bid is received 153 Designation of highways or bridges; see Tabular Index Miscellaneous Resolutions Lost Mountain Scenic Highway 535 Modular or sectional housing; permits for transportation 655 Motor vehicle size and weight limits; vehicles transporting hay bales 471 Roland Hayes Parkway 516 State Commission on the Condemnation of Public Property; eminent domain 1187 State Tollway Authority; federal contributions 1241 Transportation plans; facility, site, or project corridor hearings and design hearings 796 HIRAM, CITY OF Councilmen; elections; terms of mayor and councilmen 4398 HISTORIC PRESERVATION Powers and duties of the Department of Natural Resources; grants; surveys 399 HOG HAMMOCK COMMUNITY Best use of property; real property transactions 453 HOMEOWNER WARRANTY AGREEMENTS Insurers 1237 HOSPITAL AUTHORITIES Audits; filing 489 HOSPITAL EQUIPMENT FINANCING AUTHORITY Administration; staff; powers; bonds 1519 HOSPITALS Alcoholism or drug addiction; insurance payments 695 Liens 222 Living wills; effectiveness; forms 445 Medical records; subpoenas; release to coroners in other states 1594 Sale; use of proceeds; indigent care 744

Page CXV

HOTELS Alcoholic beverage sales by in-room service; licenses 778 Notices of termination of occupancy 1212 HOUSE OF REPRESENTATIVES Districts No. 28 and 34 reapportioned 466 HOUSING AUTHORITIES Eligible housing unit; definition 797 HOUSTON COUNTY Board of commissioners; redevelopment powers; referendum 3901 County school system; local sales and use tax; local constitutional amendment continued 4715 Limits on ad valorem taxes; local constitutional amendment continued 4209 I IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES Distinctive cards for persons under 21 395 INCOME TAX Dependent care assistance 749 Retirement income exclusion; notices of changes in federal net income; penalties 1480 Setoff debt collection; claimant agencies; priority; student loans 825 INFECTIOUS OR COMMUNICABLE DISEASES Dead bodies; notices required 1513 INNKEEPERS Notices of termination of occupancy 1212 INSULIN Sales and use tax exemption 1459 INSURANCE Accident and sickness insurance; alcoholism or drug addiction; hospitals 695 Boards of education; joint purchase; joint self-insurance programs 1172 Code revision 10 Comptroller General; title changed to Commissioner of Insurance in certain Code sections 855

Page CXVI

Fair Access to Insurance Requirements Plan; time of operation of law extended 508 Farmers' mutual fire insurance companies; maximum limits of risk 510 Group accident and sickness policies; notice of termination of coverage 688 Group health contracts; continuing coverage after cancellation; conversion rights; certificates; notices of termination of coverage 688 Health insurance for retired former employees of public schools, spouses, and dependent children 1623 Health maintenance organizations; regulation as insurers 676 Insurance premium finance companies; delivery of cancellation notices to insurers 496 Intangible personal property tax; property held in a foreign country incident to an insurance business 769 Local governments; joint purchase of insurance by municipalities and counties; joint self-insurance programs; interlocal risk management agencies 1496 Motor vehicle insurance; surcharges; personal motor vehicles of law enforcement officers; multi-vehicle accidents 1184 Motor vehicle liability insurance; uninsured and underinsured motorist coverage 394 Municipalities; sovereign immunity; public policy; waiver; insurance 1312 Notices of termination, increase in premium rates, or changes in coverage; time periods; automatic extensions of policies 695 Private detectives and security agencies 751 Property and casualty insurance; agreements as to apportionment of risks; approval; refunds as a result of violations 698 Property and casualty insurers; itemized annual reports 896 Property insurance; definition; surplus line insurers; corporate surety insurers; homeowner warranty agreements 1237 Unfair trade practices; cancellation of an entire line or class of business 695 INTANGIBLE PERSONAL PROPERTY TAX Property held in a foreign country incident to an insurance business 769 INTEREST AND USURY Interest rate on judgments 195 INTERSTATE INTERFERENCE WITH CUSTODY Penalties 1325 ISLANDS, CITY OF Incorporation; charter; referendum 4872 IVEY, CITY OF New charter 5160

Page CXVII

J JACKSON, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 Mayor and council members; districts; special election; terms; qualifications; vacancies 3675 JACKSON COUNTY Board of education; school superintendent; local constitutional amendment continued 5061 Georgia Bureau of Investigation; jurisdiction; local constitutional amendment continued 4704 Jackson County Industrial Development Authority; local constitutional amendment continued 4702 Jackson County Water and Sewerage Authority; creation 5473 Staggered motor vehicle registration periods 5639 Superior court; additional judge 163 West Jackson Fire District; local constitutional amendment continued 4661 JACKSON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 4702 JACKSON COUNTY WATER AND SEWERAGE AUTHORITY Creation 5473 JASPER COUNTY Board of commissioners; compensation 4853 Business licenses and taxes 4781 Jasper County Industrial Development Authority; local constitutional amendment continued 4155 JASPER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 4155 JEFF DAVIS COUNTY Malt beverages and wine 5710 JEFFERSON COUNTY Discount for early payment of ad valorem taxes; local constitutional amendment continued 4404 JEFFERSONVILLE, CITY OF Mayor and council; terms of office 3910

Page CXVIII

JEKYLL ISLANDSTATE PARK AUTHORITY Real property inventory 1483 JENKINSBURG, CITY OF Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority created 5457 JENKINS COUNTY Staggered motor vehicle registration periods 5609 JESUP, CITY OF Referendum for franchise for distribution of electric current 5780 JOB TRAINING PARTNERSHIP ACT Aid to Families with Dependent Children; income 881 JOHN C. BEASLEY BRIDGE DESIGNATED 186 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Retirement and disability benefits 1249 Time for making payments to the fund 1494 JUDGMENTS Interest rate on judgments 195 Relief from judgments; procedures; complaints in equity abolished 294 JUDICIAL COUNCIL OF GEORGIA Prior written notice of intended adoption of rules and regulations required 956 JURIES Charges to the jury in civil actions; writing; sending out with the jury 320 Grand juries; duties; inspections 306 Jury leave for teachers 498 JUVENILE COURTS Deprived children; petitions when a child is not released at a detention hearing 1097 Disposition of children; designated felony acts; services and treatment 277

Page CXIX

JUVENILES Designated felony acts; discharge from custody of the Division of Youth Services; motions; time limits 192 Termination of parental rights 1017 K KENNELS Regulation and licensing 628 KIDD, CULVER, MEDICAL AND SURGICAL BUILDING Designated 1201 KINGSLAND, CITY OF Kingsland Development Authority; local constitutional amendment continued 4365 KINGSLAND DEVELOPMENT AUTHORITY Local constitutional amendment continued 4365 L LABOR AND INDUSTRIAL RELATIONS Amusement Ride Safety Act; definitions; applicability 330 Carnival Ride Safety Act enacted 330 Code revision 10 Criminal records checks of persons exercising supervisory or disciplinary power over children 669 Employment Security Law; nonprofit organizations; department may secure security bonds; reimbursable security deposits 925 Employment Security Law; settlement and compromise of delinquent payment disputes; rules and regulations; reports; records 415 Employment Security Law; waiver of interest payments by the Commissioner of Labor; reports; audits 299 Fireworks 798 Job Training Partnership Act; Aid to Families with Dependent Children; income 881 Positive Employment and Community Help (PEACH) Program established 410 Wholesale sales; contracts between principals and their sales representatives 884 LAGRANGE, CITY OF Downtown LaGrange Development Authority; district limits 4086 LAKELAND, CITY OF Lakeland-Lanier County Charter Commission Act; referendum 3609

Page CXX

LAKELAND-LANIER COUNTY CHARTER COMMISSION ACT 3609 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Venue of actions; Superior Court of Hall County 377 LANDLORD AND TENNANT Innkeepers; notices of termination of occupancy 1212 LANDSCAPE ARCHITECTS Licenses; applications; certificates; penalties; board 430 LANGUAGE English designated as the official language of the State of Georgia 529 LANIER COUNTY Lakeland-Lanier County Charter Commission Act; referendum 3609 LAURENS COUNTY Board of education; elections; referendum 3821 LAW ENFORCEMENT OFFICERS AND AGENCIES Arrests; use of force 490 Bail bond business; prohibition from engaging in business 303 Child abuse, sexual abuse, and sexual exploitation; training of criminal justice professionals; reports 1204 Controlled substances; reports to local governments 451 Corrections employees; deputizing; police officer's powers 1170 Department of Agriculture employees 425 Department of Public Safety and criminal justice agencies; abstracts of driving records of applicants for employment by local fire departments 514 Department of Public Safety; Georgia Crime Information Center; drivers' license records; Department of Human Resources; child support 156 Department of Public Safety; Uniform Division recruits and cadets; authority; clothing allowance for members assigned to personal security or special duty 452 Georgia Bureau of Investigation; impersonating an agent 1059 Georgia Bureau of Investigation; jurisdiction in Jackson County; local constitutional amendment continued 4704 Georgia Bureau of Investigation; Missing Children Information Center created; local law enforcement agencies; duties 659 Georgia Bureau of Investigation; Phil Peters Building designated 534 Georgia Crime Information Center; attorneys; criminal records checks 279 Georgia Crime Information Center; criminal histories of applicants for employment by local fire departments 513

Page CXXI

Georgia Crime Information Center; criminal records checks for persons exercising supervisory or disciplinary power over children 669 Georgia Crime Information Center; Department of Human Resources; criminal records checks of applicants for employment 1225 Indemnification; death or permanent disability 1627 Law enforcement officers employed by the state; injuries in the line of duty; compensation 1491 Law enforcement vehicles; marking; lights; disposal; personal use 802 Motor vehicle insurance surcharges for personal vehicles of law enforcement officers 1184 Railroads; special officers; qualifications 308 Resisting, obstructing, or opposing a law enforcement officer 484 Retired peace officers; carrying pistols in publicly owned or operated buildings 673 School bus drivers; reports of vehicles passing a stopped school bus; enforcement 819 School security personnel 1549 State Patrol; impersonating a member 1059 State Patrol Disciplinary Board; membership 193 Stolen motor vehicles; return to owners 158 LAWRENCEVILLE, CITY OF New charter 4961 LEGISLATIVE EDUCATIONAL RESEARCH COUNCIL Abolished 827 LIBEL Evidence; requests for and publication of retractions 272 LIBERTY COUNTY Board of commissioners; elections; districts; vacancies 3557 Board of education; creation; elections; districts; referendum 3542 School superintendent; appointment; referendum 3554 LIBRARIES County-wide public library systems in counties of 550,000 or more; local constitutional amendment continued 4832 LIENS Hospitals and nursing homes 222 LIMITED EDITION REPRODUCTIONS OF ART Deceptive practices; warranties 635

Page CXXII

LINCOLN COUNTY Board of commissioners; composition; elections; terms; districts; county attorney; meetings 3653 Board of education; elections; districts; vacancies; referendum 3661 Tax commissioner; compensation; expenses 4478 Tri-County Water Authority created 5318 LIVING WILLS Effectiveness; forms 445 LOCAL GOVERNMENT Animal shelters; regulation and licensing 628 Audits; acceptance of audits which meet the requirements of the federal Single Audit Act of 1984 758 Blasting or excavating 1069 Building permits; septic tanks; county boards of health; regulations 227 Clerks of the superior courts; minimum annual salaries 833 Code revision 10 Counties; abandoned wells or holes 922 Counties; business and occupational license taxes and fees in unincorporated areas 1586 Counties; civil service systems 764 Counties; law clerks for superior courts; payments to counties 1488 Counties; single commissioners; minimum annual salaries 347 County and independent school superintendents; qualifications 800 County boards of health; membership 1242 County boards of tax assessors; size of boards 1322 County commissioners; vacancies; judges of the probate courts 328 County surveyors; private practice without a license prohibited; exceptions 888 County tax receivers, tax collectors, and tax commissioners; qualifications 495 County tax receivers; tax collectors; and tax commissioners; vacancies 1229 Development districts; ad valorem tax incentives 1625 Emergency medical services 1321 Fire departments; abstracts of driving records of applicants for employment 514 Fire departments; criminal histories of applicants for employment 513 Georgia Allocation Plan; repeal upon certain events 344 Georgia Environmental Facilities Authority 569 Governmental reorganization; repeal of municipal charters; local laws 1080 Grand juries; duties; inspections 306 Hospitals owned by political subdivisions or hospital authorities; sales; use of proceeds; indigent care 744 Joint city-county boards of tax assessors in counties having a city of 300,000 or more; local constitutional amendment continued 4456 Joint purchase of insurance; joint self-insurance programs; interlocal risk management agencies 1496 Judges of the probate courts; qualifications; vacancies; chief clerks 1581 Law enforcement agencies; missing children 659

Page CXXIII

Law enforcement agencies; reports; controlled substances 451 Local government investment pools; bodies created for a public purpose 205 Local officials; disclosure of interests in property to be rezoned 1269 Local retirement systems; investment of assets 1240 Magistrate courts providing municipal court services; contracts 787 Municipal courts; creation and jurisdiction 784 Municipalities; annexation; 60 percent method; municipalities having independent school systems; procedures 284 Municipalities; cities of not less than 400,000; contracts; downtown development areas; urban redevelopment areas 841 Municipalities; sovereign immunity; public policy; waiver; insurance 1312 Ordinances; water quality 350 Public property; causes of action; proceedings; judicial relief 316 Public works contracts; counties of 550,000 or more 309 Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 Retirement and pension systems; military service 1233 Road or street authorities; referendum required to create or amend laws 1628 Sheriffs; minimum annual salaries 837 State inmates housed in county institutions; emergency medical costs 493 Suspension and vacancies in offices of public officials; indictment; compensation 600 Traffic courts in cities of more than 300,000; senior judges 455 Urban Residential Finance Authorities Act for Large Municipalities (400,000 or more); powers 947 Vacancies in public office; resignations; procedures; elections 996 Water and sewerage facilities; state loans 1612 Zoning; disclosure of interests in property by public officials; disclosure of 1269 LOST MOUNTAIN SCENIC HIGHWAY 535 LOTTERIES Promotional giveaways and contests 1313 LOWERY, SR., R. SIDNEY, MEMORIAL BRIDGE 518 LOWNDES COUNTY Conveyance of state property to the board of commissioners 551 LUMPKIN COUNTY Staggered motor vehicle registration periods 5605 Superior court; additional judge 160 LYONS, CITY OF Recorder's court; appeals; certiorari 4795

Page CXXIV

M MACON, CITY OF Bibb County; consolidation of tax assessments and collection; local constitutional amendment continued 5533 Fire and police employees' retirement system; contributions 5764 Fire and police employees' retirement system; normal and delayed retirement dates 5727 Macon-Bibb County Board of Health; local constitutional amendment continued 4682 Macon-Bibb County Industrial Authority; local constitutional amendment continued 4685 Macon-Bibb County Transit Authority; board members; insurance; immunity 4601 Macon-Bibb County Urban Development Authority; local constitutional amendment continued 4698 Mayor's veto 5744 Municipal court; standby substitute judges; compensation of judges 5739 Pensions and retirement system; contributions 5771 Pensions and retirement system; exclusions from participation 5731 Preferential city tax assessments for revitalized or rehabilitated residential property; local constitutional amendment continued 5002 Redevelopment powers; referendum 5038 Zoning and planning; local constitutional amendment continued 5308 MACON-BIBB COUNTY INDUSTRIAL AUTHORITY Local constitutional amendment continued 4685 MACON-BIBB COUNTY TRANSIT AUTHORITY Board members; medical or hospitalization insurance; immunity 4601 MACON-BIBB COUNTY URBAN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4698 MACON JUNIOR COLLEGE Motor vehicle license plates 223 MAGISTRATE COURTS Constables; minimum age 198 Costs and jail fees; assessment at committal hearings; unfounded and malicious complaints 282 Municipal court services; contracts 787 Prejudgment attachment; default judgments; appeals; executions clerks; qualifications, powers, and duties 701 MAPS Secretary of State; printing and distribution 1608

Page CXXV

MARIETTA, CITY OF Board of lights and water works; local constitutional amendment continued 4059 Bonded indebtedness for educational purposes; local constitutional amendment continued 4406 Civil service board and clerk; compensation 5805 Civil service; fire and police departments 5832 Cobb County-Marietta Water Authority; bonding limits; compensation; vacancies; bids 5296 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; meetings 5549 Combined water, sewerage, and electric systems; bonds; local constitutional amendment continued 5509 Corporate limits; deannexation 3959 , 4948 Council; qualifications; municipal court; probation office 5068 Downtown Marietta Development Authority; district 5515 Downtown Marietta Development Authority; local constitutional amendment continued 4503 Homestead exemption; referendum 5043 Mayor and council; salary and expense allowance 5783 Municipal court; penalties 5812 Penalties for violations of charter 5809 MARINE MEMBERSHIPS Forms; cancellation 405 MARION COUNTY Board of commissioners; elections; districts; terms; referendum 5558 Board of education; elections; referendum 5023 MARSHALLVILLE, TOWN OF Mayor's or recorder's court; fines 3879 McDUFFIE COUNTY Tri-County Water Authority created 5318 McGILL, SAM P., EXHIBITION BUILDING 1197 MEDICAL ASSISTANCE Modification of state plan; nursing homes; rates 486 MENTAL HEALTH Administration of mental health, mental retardation, substance abuse, and other disability services; councils; plans 1213 Appeals from probate courts 982

Page CXXVI

Department of Human Resources; Division of Mental Health, Mental Retardation, and Substance Abuse created; councils 1213 Mentally retarded persons requiring temporary and immediate care; custody; examinations; discharge; procedures; program plans 1092 Outpatient treatment for mentally ill persons, alcoholics, drug dependent individuals, and drug abusers; procedures 1098 Privileged communications; clergy; medical information 1277 Psychologists; State Board of Examiners of Psychologists; licenses; examinations 473 MERCER UNIVERSITY Motor vehicle license plates 223 MERIWETHER COUNTY Board of education; school superintendent; local constitutional amendment continued 3838 Meriwether County Development Authority; local constitutional amendment continued 3840 MERIWETHER COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3840 METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS Regional public projects; debt; taxation; operating expenses 1049 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Date for repeal of resolution 457 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Group insurance and retirement plans; collective bargaining; arbitration 3756 Transit operating revenue; income from leases 4115 METROPOLITAN RIVERS PROTECTION ACT Rules and regulations; practices and procedures; appeals 321 METTER, CITY OF Metter-Candler County Airport Authority created 4638 METTER-CANDLER COUNTY AIRPORT AUTHORITY Creation 4638 MICROFORMS Standards; liability 1154

Page CXXVII

MILEAGE AND TRAVEL EXPENSES State officials and employees 356 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Disabled veterans; homestead exemption 1445 Former prisoners of war; motor vehicle license plates for spouses 626 Georgia National Guard; educational loans 499 Military service credit under state or local retirement systems 1233 Selective Service System; registration required for student loans and educational assistance 759 MILLEDGEVILLE, CITY OF Corporate limits 3945 MILLER COUNTY Board of education; districts 3917 State court; judge and solicitor; salary 3921 MINORS Anatomical gifts; procedures 645 Credit union deposits 458 Interstate interference with custody 1325 MISSING CHILDREN INFORMATION CENTER Creation; duties of local law enforcement agencies 659 MITCHELL COUNTY School superintendent; appointment; referendum 3892 MODEL ROCKETS 798 MODULAR OR SECTIONAL HOUSING UNITS Permits for transportation 655 MONROE COUNTY Grand jury; arbitration of disputes relating to county matters; local constitutional amendment continued 4150 Monroe County Industrial Development Authority; local constitutional amendment continued 4584 MONROE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 4584

Page CXXVIII

MOREHOUSE COLLEGE Motor vehicle license plates 223 MORGAN COUNTY Business and occupational license taxes 4163 MORRIS BROWN COLLEGE Motor vehicle license plates 850 MOTOR CARRIERS Regulation; contracts; permits; records 1283 MOTOR COMMON CARRIERS AND MOTOR CONTRACT CARRIERS Public Service Commission approval for issuance of stocks, bonds, or debt; exemption 1518 MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM Administration; instructor training course; effective dates 181 MOTOR VEHICLES AND TRAFFIC Appeals from certain probate courts 982 Code revision 10 Certificates of title; applications; signatures of dealers; oaths; time periods 438 Certificates of title; transfer under a will; procedures 281 Deposit of driver's license in lieu of bail or incarceration; reinstatement; retoration fees 1607 Driver educational motor vehicle redefined for ad valorem tax purposes 180 Driver training schools; renewal of licenses 823 Drivers' licenses and driver training schools; cross-references in laws 839 Drivers' licenses; records; dissemination to the Georgia Crime Information Center and the Department of Human Resources; child support payment recovery 156 Drivers' licenses; suspension for failure to respond to citations; reinstatement; payment of fines and restoration fee 184 Dumping wastes into public storm or sanitary sewers without permission; contraband 780 Emission inspections; dates; initial inspections 1061 Identification cards for persons without drivers' licenses; applicants under 21 to be issued distinctive cards 395 Law enforcement vehicles; marking; lights; disposal; personal use 802 License plates; certified firefighters 427 License plates; county name decals; fees for duplicate registration certificates; amateur radio operators; General Assembly plates 1333 License plates; Georgia Southern College, West Georgia College, and Albany State College 852

Page CXXIX

License plates; Georgia State University and Morris Brown College 850 License plates; former prisoners of war; spouses 626 License plates; Fort Valley State College 288 License plates; Georgia Institute of Technology 211 License plates; Morehouse College; Mercer University; Macon Junior College; Valdosta State College 223 License plates; Savannah State College 290 License plates; staggered registration and licensing of vehicles 1053 License plates; University of Georgia bicentennial 312 License plates; Wesleyan College 201 License plates; Young Harris College 275 Lights on wreckers and vehicles towed by wreckers 1185 Motorcycle operator safety training program 181 Motor vehicle liability insurance; uninsured and underinsured motorist coverage 394 Motor vehicle size and weight limits; vehicles transporting hay bales 471 Passing a stopped school bus; reports by bus driver; enforcement 819 School bus exhaust system requirements 501 Stolen motor vehicles; return to owners 158 Superior courts; clerks; fees and costs; forwarding records of conviction 1002 Traffic offenses; challenges to final convictions; time limits for filing 444 Trucks; alteration of suspension systems; limitations; penalties 1210 Trucks and truck tractors; display of owner's or lessee's name and address 946 Uniform rules of the road; enforcement on private property which fronts on coastal marshlands or estuarine areas; notices 834 Used motor vehicle dismantlers, rebuilders, and salvage dealers; definitions; out-of-state buyer's cards 465 Wreckers and vehicles towed by wreckers; lights 1185 MOULTRIE, CITY OF Corporate limits; qualifications of councilmen; voting in zoning matters 4604 MOUNTAIN JUDICIAL CIRCUIT District attorney's investigator; compensation 5493 Terms of court 1526 MOUNTVILLE, TOWN OF Mountville Water Authority; revenue bonds 4764 MOUNTVILLE WATER AUTHORITY Revenue bonds 4764 Service area; revenue bonds 3531 MUNICIPAL CORPORATIONS Annexation by municipalities having independent school systems 284 Cities of 150,000 or more; street improvement bonds; local constitutional amendment continued 4808

Page CXXX

Cities of 300,000 or more; joint city-county boards of tax assessors; local constitutional amendment continued 4456 Cities of more than 300,000; courts; local constitutional amendment continued 4820 Cities of more than 300,000; traffic courts; senior judges 455 Cities of more than 400,000; demolition of buildings on private premises; local constitutional amendment continued 4566 Cities of not less than 400,000; contracts; downtown development areas; urban redevelopment areas 841 Distilled spirits; manufacture, sale, or distribution 1083 Emergency medical services 1321 Governmental reorganization 1080 Joint purchase of insurance by municipalities and counties; joint self-insurance programs 1496 Municipal courts; creation and jurisdiction 784 Municipal court services; magistrate courts; contracts 787 Municipal officers; vacancies; resignations; procedures 996 Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 Retirement and pension systems; military service 1233 Retirement systems; investment of assets 1240 School superintendents; qualifications 800 Sovereign immunity; public policy; waiver; insurance 1312 Zoning; disclosure by public officials 1269 MUSCOGEE COUNTY Ad valorem taxation of personal property in transit or stored; local constitutional amendment continued 3803 Advisory referendum on school board elections 3927 Appropriations for advertising and promotion; local constitutional amendment continued 3788 Assistant district attorneys 4793 Charter review commission; local constitutional amendment continued 3805 Columbus Airport Commission; local constitutional amendment continued 3776 Columbus Building Authority; local constitutional amendment continued 3778 Columbus-Muscogee County Port Development Commission; local constitutional amendment continued 3780 Consolidation of city and county governments; local constitutional amendment continued 3784 Health department; local constitutional amendment continued 3774 Homestead exemptions; local constitutional amendment continued 3796 , 3798 Muscogee County and Columbus, Georgia; merger of school systems; local constitutional amendment continued 3772 Muscogee County Industrial Development Authority; local constitutional amendment continued 3782 Revenue bonds; local constitutional amendment continued 3790 School district; homestead exemptions; local constitutional amendment continued 3792 , 3794 School district; museums; art galleries; art centers 3842 School superintendent; emergency contracts 3844 Staggered motor vehicle registration periods 5614

Page CXXXI

Street improvement bonds; local constitutional amendment continued 3786 Valuation of homestead property; local constitutional amendment continued 3800 MUSCOGEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3782 N NAIL, WYMAN, JR. AND RHONDA Compensation 519 NATIONAL GUARD Educational loans 499 NETTLES, MR. M. C. Compensation 525 NEWINGTON, TOWN OF Mayor's or recorder's court; penalties 5776 NEWMAN, COLONEL MANCELBRIDGE DESIGNATED 533 NEWTON COUNTY Board of education; chairman 4211 Business licenses; sports activities; taxes; local constitutional amendment continued 3908 Ordinances; enforcement; local constitutional amendment continued 4468 Sewerage, water, sanitation, garbage collection, landfill, and fire districts; local constitutional amendment continued 4571 Tax assessments, levies, bills, notices, and payments; local constitutional amendment continued 4568 NEWTON, LOUIE DEVOTIE Portrait placed in state capitol 1199 NORTHEASTERN JUDICIAL CIRCUIT Additional judge 160 NOTARIES PUBLIC Probate of wills; acknowledgements of service 436 NUISANCES Code revision 10

Page CXXXII

Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 NUNEZ, CITY OF New charter 5195 NURSING HOME ADMINISTRATORS State Board of Nursing Home Administrators; removal of members; powers; licenses; termination date 846 NURSING HOMES Liens 222 Medicaid patients; rates 486 Medical records; subpoenas; release to coroners in other states 1594 O OATHS Public officers; additional oath 168 OCONEE COUNTY Board of education; local constitutional amendment continued 4562 Oconee County Public Utility Authority 4123 Treasurer's office abolished; judge of the probate court; duties 3895 OCONEE COUNTY PUBLIC UTILITY AUTHORITY Name changed; members; compensation; liability 4123 OFFICE OF PLANNING AND BUDGET Hospital authority audits 489 OFFICE SUPPLY TRANSACTIONS Unfair or deceptive acts 1046 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision and reenactment 10 Title 21, elections; Code revision 32 Title 47, retirement and pensions; Code revision 30 OGLETHORPE COUNTY Board of commissioners created 3586 Board of education; elections; referendum 3568

Page CXXXIII

Oglethorpe County Development Authority; local constitutional amendment continued 3852 OGLETHORPE COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3852 ONIONS Vidalia Onion Act of 1986 3 ORGANS Anatomical gifts; procedures; minors; irrevocability at death; purchase or sale 645 OXYGEN Sales and use tax exemption 1467 P PARENT AND CHILD Termination of parental rights 1017 PAULDING COUNTY Paulding County Industrial Building Authority; local constitutional amendment continued 5690 School superintendent; appointment; referendum 4335 PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 5690 PEACE OFFICERS Impersonation 1059 See Law Enforcement Officers and Agencies PEACE OFFICERS' ANNUITY AND BENEFIT FUND Retirement and disability benefits 609 PEACE OFFICER STANDARDS AND TRAINING COUNCIL Training; reports 1204 PEACH COUNTY Peach County Water and Sewerage Authority; creation 4663

Page CXXXIV

PEACH COUNTY WATER AND SEWERAGE AUTHORITY Creation 4663 PELHAM, CITY OF Board of education; elections; terms; composition; referendum 3648 Mayor and council; elections; districts; terms 3644 PENAL INSTITUTIONS Arrests; preventing escapes; use of force 490 Board of Corrections; expenses of members 179 Commissioner of corrections; membership on the Claims Advisory Board 155 Emergency medical costs; state inmates housed in county institutions 493 Employees; deputizing; wardens, superintendents, and commissioner of corrections; powers 1170 Employees of the Department of Corrections or State Board of Pardons and Paroles; injuries in the line of duty; compensation 1491 First offenders; adjudication of guilt; review of criminal records by judges 218 First offenders; probation; entries by clerk on criminal dockets; form 442 Habeas corpus and nonjury proceedings in counties in which county correctional institutions or jails are located 318 Medical expenses; educational programs; pardons and paroles 1596 Pardons and paroles; participation in educational programs 1596 Prison guards; indemnification; death or permanent disability 1627 Probation of first offenders; entries by clerk on criminal dockets and other records; form 442 Resisting, obstructing, or opposing a prison guard, correctional officer, probation supervisor, or parole supervisor 484 Tolling of sentences when the running of a probated sentence is suspended; revocation of probation without notice 492 PERRY, CITY OF City of Perry Industrial Building Authority; local constitutional amendment continued 4194 Redevelopment powers; referendum 4196 PERSONAL CARE HOMES Criminal records checks; fees 822 Criminal records checks of employees; immunity from liability of county boards of health 509 PET DEALERS Regulation and licensing 628 PETERS, PHIL, BUILDING 534

Page CXXXV

PETROLEUM PRODUCTS Below Cost Sales Act; attorney fees and costs; punitive damages 326 PHARMACISTS Continuing pharmaceutical education requirements; pharmacy intern licenses 1603 Prohibited purchases; penalties 929 PHYSICAL THERAPISTS Licenses; examinations 812 PICKENS COUNTY Commissioner; compensation 4381 Terms of superior court 230 PIEDMONT JUDICIAL CIRCUIT Additional judge 163 PIKE COUNTY Pike County Recreation Authority; creation 4070 PIKE COUNTY RECREATION AUTHORITY Creation 4070 PILOTS State; employees of Department of Transportation; mandatory retirement age 338 PISTOLS Licenses to carry; fees 305 PILOTS Ships' pilots 482 Licenses to carry; residency requirements 481 Retired peace officers; carrying pistols in publicly owned or operated buildings 673 Theft of a firearm; penalties 1228 PODIATRISTS Dispensing controlled substances 1031

Page CXXXVI

POLK COUNTY Staggered motor vehicle registration periods; referendum 5633 Tax commissioner; compensation 4788 POOLER, CITY OF Corporate limits; referendum 5592 POOLER, TOWN OF Name changed to City of Pooler 5736 POSITIVE EMPLOYMENT AND COMMUNITY HELP (PEACH) PROGRAM Establishment; aid to families with dependent children 410 POWDER SPRINGS, CITY OF Powder Springs Downtown Development Authority; local constitutional amendment continued 4513 POWDER SPRINGS DOWNTOWN DEVELOPMENT AUTHORITY Local constitutional amendment continued 4513 PREGNANCY Posting of warnings on consumption of alcohol during pregnancy 618 PREJUDGMENT ATTACHMENT Magistrate courts may not grant 701 PRESIDENTIAL PREFERENCE PRIMARY Date 220 PRISONERS OF WAR Motor vehicle license plates for spouses 626 PRIVATE DETECTIVES AND SECURITY AGENCIES Licenses; enforcement; liability insurance 751 PROBATE COURTS Counties of more than 150,000; practice and procedures; jury trials; appeals to the Court of Appeals and Supreme Court; new trials 982 Judges; qualifications; vacancies; chief clerks 1581 Judges; vacancies in office of county commissioner 328 Probate of wills; acknowledgements of service; attestation required 436

Page CXXXVII

PROBATION Revocation without notice; tolling of sentences 492 PROFESSIONS AND BUSINESSES Architects; State Board of Architects; membership; cease and desist orders; civil penalties; judicial review 434 Asbestos removal and encapsulating; licensing of contractors 1157 Attorneys; admission to practice; fingerprints; criminal records checks 279 Barbers; cosmetology examinations 843 Barbers; work permits; cosmetologists; licenses; termination 766 Campground and marine memberships 405 Chiropractors; educational requirements; schools or colleges in foreign countries 831 Chiropractors; scope of practice; standard of care; torts 1534 Code revision 10 Cosmetologists; examinations; barbers 843 Dental hygienists; powers 828 Dentists; dispensing drugs and controlled substances; conditions 1031 Driver training schools and drivers' licenses; cross-references in laws 839 Driver training schools; renewal of licenses 823 Engaging in a profession or business without a license; sanctions; cease and desist orders; penalties; venue 1155 Funeral directors; dead bodies; notices of infectious or communicable diseases 1513 Georgia Occupational Regulation Review Law; enactment; review of proposed legislation licensing or certifying a profession or business 803 Innkeepers; notices of termination of occupancy 1212 Landscape architects; licenses; applications; certificates; penalties; board 430 Land surveying; county surveyors prohibited from private practice without a license; exceptions 888 Medicine; breast cancer booklet 304 Medicine; dead bodies; notices of infectious or communicable diseases to accompany bodies 1513 Nursing home administrators 846 Office supply transactions 1046 Pharmacists; continuing pharmaceutical education requirements; pharmacy intern licenses 1603 Pharmacists; purchases of drugs from certain wholesalers prohibited; penalties 929 Physical therapists; State Board of Physical Therapy; members; powers; licenses; examinations 812 Physicians; dispensing controlled substances and drugs; conditions 1031 Podiatrists; dispensing drugs and controlled substances; conditions 1031 Private detectives and security agencies; licenses; liability insurance; enforcement 751 Professional fund raisers and solicitors; charitable organizations; registration fees; reports; names 1465 Psychologists; State Board of Examiners of Psychologists; licenses 473 Real estate brokers and salespersons 364

Page CXXXVIII

Respiratory Care Practices Act; enactment 264 Road houses, dance halls, etc.; inspections 449 Taxidermists; mounting and sale of furbearers, deer, and squirrel 485 Used motor vehicle dismantlers, rebuilders, and salvage dealers; definitions; out-of-state buyer's cards 465 Wreckers; lights on wreckers and towed vehicles 1185 Veterinarians; dispensing drugs and controlled substances; conditions 1031 PROPERTY Abandoned wells or holes; abatement of hazards; costs; county work crews 922 Agricultural property; preferential ad valorem tax assessment; penalties 820 Anatomical gifts; procedures; individuals under 18; irrevocability at death; purchase or sale of human bodies or parts thereof 645 Asbestos removal and encapsulating; licensing of contractors; inspections 1157 Blasting or excavating 1069 Cemeteries; regulation; employees; new nonperpetual care cemeteries prohibited; escrow accounts 1468 Code revision 10 Condominiums; documents; requirements for copies 942 Deeds to secure debt and instruments evidencing debt; satisfaction and cancellation; recording; costs; forms; liability and duties of clerks of superior courts 754 Defense of a habitation; tort immunity 515 Georgia Time-Share Act; promotional giveaways and contests 1313 Historic preservation; powers and duties of the Department of Natural Resources 399 Homeowner warranty agreements; insurers 1237 Innkeepers; notices of termination of occupancy 1212 Liens of hospitals and nursing homes; time between injury and care immaterial 222 Money of an intestate decedent; savings account deposits required 887 Notarial acts, certifications, and seals; recording of documents; deeds; dispossessory warrants and affidavits 1446 Obstructions of private ways; appeals 982 Public property; causes of action; proceedings; judicial relief 316 Real estate brokers and salespersons; contracts; licenses; trust and escrow accounts 364 Recording affidavits; fees of clerks of the superior courts 1002 Repair, closing, or demolition of buildings and structures by municipalities; procedure 1508 School property; leases 38 Septic tanks; building permits 227 State Commission on the Condemnation of Public Property; eminent domain 1187 State-owned personal property; inventory 826 State real property inventory 1483 Surveyors; private practice by county surveyors 888 Year's support; rights of redemption of property set aside 1272 Zoning; disclosure of interests of local officials in property; disclosure of gifts and contributions 1269

Page CXXXIX

PROSECUTING ATTORNEYS' COUNCIL Training; reports 1204 PSYCHOLOGISTS State Board of Examiners of Psychologists; licenses; examinations; name change 473 PUBLIC OFFICERS AND EMPLOYEES Asbestos and hazardous material abatement or removal from state property; insurance and self-insurance 150 Assistant administration floor leaders of the House of Representatives; compensation 311 Assistant district attorneys; compensation; LL.M. degrees 203 Bail bond business; officers of the court, law enforcement officers, and attorneys prohibited 303 Board of Corrections; expenses of members 179 Clerks of the superior courts; minimum annual salaries 833 Code revision 10 Comptroller General; references in retirement laws changed to Commissioner of Insurance 999 Comptroller General; title changed to Commissioner of Insurance in certain Code sections 855 Constables of magistrate courts; minimum age 198 Constitutional Officers Election Board; recounts 382 Consumers' utility counsel; date for abolition of office 283 Coroners; release of medical records to coroners of other states; subpoenas; confidential information; costs 1594 County and independent school superintendents; qualifications 800 County civil service systems 764 County commissioners; minimum annual salaries for single-member commissioners 347 County commissioners; vacancies; judges of the probate courts 328 County tax collectors and tax commissioners; annual training requirements; removal from office 502 County tax receivers, tax collectors, and tax commissioners; qualifications 495 County tax receivers, tax collectors, and tax commissioners; vacancies 1229 Day care centers for state employees; capitol hill pilot program 1489 Emergency medical technicians; indemnification; death or permanent disability 1622 , 1627 Employees of the Department of Corrections or State Board of Pardons and Paroles; law enforcement officers and firemen employed by the state; injuries in the line of duty; compensation 1491 Ethics in Government Act enacted; State Ethics Commission created 957 Firemen; indemnification 1478 General Assembly; air travel; reimbursement of members 314 Governor; federal grant programs; agreements with other states 178 Judges; suspension from office; compensation; reinstatement; replacement judges 1619 Judges of the probate courts; qualifications; vacancies; chief clerks 1581

Page CXL

Local officials; disclosure of interests in property to be rezoned; disclosure of gifts and contributions 1269 Mileage and travel expenses of state officials and employees 356 Notaries public; requirements for notarial acts and certifications; applications for commissions; seals; recording of documents; attachment and garnishment; dispossessory warrants and affidavits; deeds 1446 Oaths 168 Public officials; suspension or vacancy; indictment by the United States; compensation 600 Public school employees; health insurance 1601 School food service personnel; sick leave 924 Secretary of State; maps; local Acts requiring a referendum or special election 1608 Sheriffs; minimum annual salaries 837 State auditor; compensation 877 State courts; solicitors; residency requirements 171 State Merit System of Personnel Administration; interdepartmental transfers; working test; definitions 469 Suspension of state public officials upon indictment; compensation; reinstatement; vacancies 1614 Vacancies; procedure for filling; elections; resignations of members of Congress and state, county, and municipal officers 996 PUBLIC PROPERTY Bad debts; write offs by state agencies 506 PUBLIC RECORDS Microform standards 1154 Veterinary care 1090 PUBLIC SCHOOL DISCIPLINARY TRIBUNALS Children in kindergarten through primary grade 3 1079 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM School food service personnel; sick leave 924 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Blasting or excavating near underground facilities or utilities 1069 Consumers' utility counsel; date for abolition of office 283 Motor carriers; regulation; contracts; permits; records 1283 Motor common carriers and motor contract carriers; approval of the Public Service Commission to issue stock, bonds, or debt; exemption 1518 Railroads and electric companies; venue of actions 37 Railroads; special officers; qualifications 308 Trucks and truck tractors; display of name and domicile of owner or lessee 946

Page CXLI

PULASKI COUNTY Deputy sheriffs; salary; number of deputies 3850 PULASKI DEVELOPMENT COMPANY, INC. Conveyance of state property 547 PUTNAM COUNTY Board of education; compensation and per diem 4525 Magistrate court; chief magistrate and clerk; compensation 3953 Q QUALITY BASIC EDUCATION ACT School bus drivers; minimum salary 880 QUITMAN COUNTY Clerk of the superior court placed on an annual salary 4545 Quitman County Industrial Development Authority; local constitutional amendment continued 3857 QUITMAN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3857 R RABUN COUNTY Board of commissioners; chairman 5004 District attorney; investigator; compensation 5493 Superior court; terms 1526 RACCOON FUR SELLER'S LICENSE FEE 194 RAILROADS Special officers; qualifications 308 Venue of actions 37 RANDOLPH COUNTY Board of commissioners; re-creation; elections 3624 Randolph County Development Authority; local constitutional amendment continued 3855 RANDOLPH COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 3855

Page CXLII

REAL ESTATE BROKERS AND SALESPERSONS Licenses; hearings; notices; trust and escrow accounts; contracts 364 REAVES, HENRY L., ARENA 1198 RECORDED MATERIAL Criminal reproduction and sale; videotape; visual images; masters 652 RECORDS Microform standards 1154 Veterinary care 1090 REGISTER, TOWN OF Town boundaries; election of mayor and council 4607 RESPIRATORY CARE PRACTICES ACT Enactment 264 RESTITUTION ORDERS Use urged in cases of child abuse or sexual abuse 1203 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Fees for bad checks, drafts, or orders 207 RETIRED TEACHERS' DAY 619 RETIREMENT AND PENSIONS Code revision 30 Comptroller General; references in retirement laws changed to Commissioner of Insurance 999 Employees' Retirement System of Georgia; certain certified professional personnel of the State Board of Education or State Department of Education; membership 1543 Employees' Retirement System of Georgia; county probation system employees 1266 Employees' Retirement System of Georgia; juvenile detention facility employees 1550 Employees' Retirement System of Georgia; military service; certain laws not repealed by implication 1233 Employees' Retirement System of Georgia; secretaries of superior court judges and district attorneys; creditable service 1250 Employees' Retirement System of Georgia; Justices of the Supreme Court; Judges of the Court of Appeals 1329

Page CXLIII

Georgia Legislative Retirement System; employee contributions; service retirement allowance 1255 Judges of the Probate Courts Retirement Fund of Georgia; retirement and disability benefits 1249 Judges of the Probate Courts Retirement Fund of Georgia; time for making payments to the fund 1494 Local retirement systems; investment of assets 1240 Military service as creditable service under any state or local retirement system 1233 Peace Officers' Annuity and Benefit Fund; retirement and disability benefits 609 Pilots employed by the Department of Transportation; mandatory retirement age 338 Sheriffs' Retirement Fund of Georgia; death benefits 607 Sheriffs' Retirement Fund of Georgia; fees in state courts and magistrate courts; retirement benefits; partial year's service 604 Superior Court Clerks' Retirement Fund of Georgia; retirement benefits for clerks and their spouses 1252 Superior Court Judges Retirement System; calculation of spouses benefits upon death of a member 1265 Superior Court Judges Retirement System; cost-of-living adjustments; surviving spouses 1257 Superior Court Judges Retirement System; retirement age; spouses' benefits 1326 Teachers Retirement System of Georgia; average compensation 1262 Teachers Retirement System of Georgia; certain certified professional personnel of the State Board of Education or State Department of Education; membership 1543 Teachers Retirement System of Georgia; creditable service; absence because of pregnancy 1536 Teachers Retirement System of Georgia; creditable service for certain prior teaching service 1531 Teachers Retirement System of Georgia; credit for certain military service 1552 Teachers Retirement System of Georgia; employer contributions; local units of administration; State Board of Education 375 Teachers Retirement System of Georgia; membership of former members of the Employees' Retirement System of Georgia; withdrawal of contributions 1258 Teachers Retirement System of Georgia; reinstatement of membership 1547 Teachers Retirement System of Georgia; minimum retirement allowance; retirement under local retirement systems; cost-of-living increase 620 REVENUE AND TAXATION Ad valorem tax; agricultural property; preferential assessment; alternative tax penalty 820 Ad valorem tax; appeals of assessments; notices of appeal 419 Ad valorem tax; approval of tax digest; property on appeal; confidentiality of taxpayer materials 747 Ad valorem tax; development districts 1625 Ad valorem tax; exemption of certain tangible personal property with a fair market value not exceeding $500.00; referendum 878

Page CXLIV

Ad valorem tax; homestead exemption for disabled veterans and their families 1445 Ad valorem tax; motor vehicles; driver educational motor vehicle redefined 180 Ad valorem tax; penalties for failure to pay; exemptions 1322 Checks or money orders for payment of taxes; counties of 550,000 or more and municipalities therein 274 Cigars; excise tax rate 468 Code revision 10 County business and occupational license taxes and fees in unincorporated areas 1586 Development districts; promotion of commercial and industrial development; ad valorem tax incentives 1625 Estate planning tax-motivated dispositions of a ward's property by a guardian 684 Excise tax rate on cigars 468 Income tax; dependent care assistance 749 Income tax; retirement income; notices of changes in federal net income; penalties 1480 Income tax; setoff debt collection; claimant agencies; priority; student loans 825 Intangible personal property tax; property held in a foreign country incident to the conduct of an insurance business 769 Joint city-county boards of tax assessors in counties having a city of 300,000 or more; local constitutional amendment continued 4456 Motor vehicle license plates; staggered licensing of motor vehicles 1053 Sales and use tax; food stamps or WIC coupons 1464 Sales and use tax; fuel to heat poultry houses 1453 Sales and use tax; hearing aids 1584 Sales and use tax; insulin and insulin syringes 1459 Sales and use tax; oxygen 1467 Tax assessors; size of county boards 1322 Tax collectors and tax commissioners; annual training requirements; removal from office 502 Tax collectors; counties of 550,000 or more; checks and money orders 274 Tax receivers, tax collectors, and tax commissioners; qualifications 495 Tax receivers, tax collectors, and tax commissioners; vacancies 1229 RICHLAND, CITY OF Corporate limits 5490 RICHMOND COUNTY Advertisement and promotion of the county; local constitutional amendment continued 4480 Incinerators; garbage and refuse facilities; bonds; local constitutional amendment continued 4483 Superintendent of the board of education; terms; removal 4167 Superior court; number of judges 417 ROAD HOUSES Inspections 449

Page CXLV

ROCKDALE COUNTY Board of education; local constitutional amendment continued 4018 School superintendent; appointment; local constitutional amendment continued 4016 ROCKMART, CITY OF Rockmart Development Authority; local constitutional amendment continued 5488 ROCKMART DEVELOPMENT AUTHORITY Local constitutional amendment continued 5488 ROLAND HAYES PARKWAY 516 ROME, CITY OF School district; homestead exemption; referendum 4530 ROSSVILLE, CITY OF Office of tax assessor and tax coordinator abolished 4687 ROSWELL, CITY OF Mayor and councilmen; elections; vacancies; election dates; recorder 3665 R. SIDNEY LOWERY, SR., MEMORIAL BRIDGE 518 S SALES AND USE TAX Food stamps or WIC coupons as payment; transactions exempted 1464 Fuel to heat poultry houses 1453 Hearing aids 1584 Insulin and insulin syringes 1459 Oxygen prescribed by a licensed physician 1467 SAFETY GLAZED GLASS Hazardous installations 1231 SAM P. McGILL EXHIBITION BUILDING 1197 SAPELO ISLAND HERITAGE AUTHORITY Hog Hammock community 453

Page CXLVI

SAVANNAH AIRPORT COMMISSION Local constitutional amendment continued 4203 SAVANNAH, CITY OF Corporate limits; taxes 4522 Downtown Savannah Authority; local constitutional amendment continued 4201 Historic zones; local constitutional amendment continued 5077 Homestead exemption from school taxes; local constitutional amendment continued 4354 Issuance of bonds without a referendum; local constitutional amendment continued 4199 , 4837 Savannah Airport Commission; local constitutional amendment continued 4203 Savannah Transit Authority Act repealed; Chatham Area Transit Authority created 5082 SAVANNAH STATE COLLEGE Motor vehicle license plates 290 SAVANNAH TRANSIT AUTHORITY Act repealed; creation of Chatham Area Transit Authority 5082 SAWYER, MS. BARBARA ANN ROZIER Compensation 523 SCHLEY COUNTY Board of commissioners; transfer of structure from the Georgia Forestry Commission 532 SCREVEN COUNTY Ad valorem tax exemption for qualifying manufacturing establishments; local constitutional amendment continued 5697 Screven County Industrial Development Authority; local constitutional amendment continued 5694 Staggered motor vehicle registration periods; referendum 5642 SCREVEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 5694 SEABOARD SYSTEM RAILROAD, INC. Amendment of lease of Western and Atlantic Railroad 231

Page CXLVII

SECRETARY OF STATE Acts; certified copies of local Acts requiring a referendum or special election 1608 Hospital authority audits 489 Maps 1608 State real property inventory; duties transferred to State Properties Commission 1483 SECURITIES Dealers and salesmen; sanctions; exemption from registration of securities; confidential records; interstate investigations; civil liability; burden of proof 1559 SELECTIVE SERVICE SYSTEM Student loans and educational assistance 759 SENTENCES No change permitted after the term of court or 60 days 842 SEPTIC TANKS Dumping wastes into public storm or sanitary sewers without permission 780 Regulations; county boards of health; building permits 227 SHERIFFS Minimum annual salaries 837 Suspension for failure to complete minimum annual in-service training 606 SHERIFFS' RETIREMENT FUND OF GEORGIA Death benefits 607 Fees in state courts and magistrate courts; retirement benefits; partial year's service 604 SHIPS Pilots; mooring and docking of ships 482 SINGLE AUDIT ACT OF 1984, FEDERAL Local audits 758 SMITH, DR. W. K., HIGHWAY 185 SMITH, MR. R. GLENN Compensation 537

Page CXLVIII

SMYRNA, CITY OF Downtown Smyrna Development Authority; local constitutional amendment continued 3957 Homestead exemption; local constitutional amendment continued 5525 Homestead exemption for disabled residents; local constitutional amendment continued 5523 Mayor and council; compensation 3951 SOCIAL SERVICES Aid to families with dependent children; income; Summer Youth Employment Training Program; Adult and Youth Program 881 Aid to families with dependent children; pilot community work experience programs abolished; Positive Employment and Community Help (PEACH) Program establishes 40 Appeals from certain probate courts 982 Child abuse, sexual abuse, and sexual exploitation; training of professionals urged; reports 1204 Child-caring institutions; emergency relocation of residents; prohibition of admissions; monitors 662 Child support recovery; dissemination of drivers' license records to the Department of Human Resources 156 Child welfare agencies; licenses; restrictions; reports; prohibited conduct; penalties 1038 Code revision 10 Criminal records checks for persons exercising supervisory or disciplinary power over children 669 Day care centers; criminal records checks; fees 822 Department of Human Resources; criminal records checks of applicants for employment; fingerprints 1225 Juveniles; disposition of children under 17 sentenced in the superior courts upon becoming 17 years of age; treatment 277 Medicaid; modification of state plan; semiprivate accommodations; nursing homes 486 State Children's Trust Fund; child abuse and neglect prevention programs; proposed amendment to the Constitution 1631 Task Force on Funding of Indigent Health Care Programs; creation by Governor requested 526 SOPERTON, CITY OF Mayor and council; terms; elections; districts 3930 SOUTH COBB COUNTY COURTHOUSE FACILITIES STUDY COMMISSION 4021 SOUTHERN RAILWAY COMPANY Modification of lease; self-insurance 543 SOVEREIGN IMMUNITY Municipalities; public policy; waiver; insurance 1312

Page CXLIX

SPALDING COUNTY Coroner; compensation 5545 Homestead exemptions; 62 or older or totally disabled; referendum 4855 Staggered motor vehicle registration periods; referendum 5623 STABLES Regulation and licensing 628 STAGGERED MOTOR VEHICLE LICENSE PLATE ISSUANCE 1053 STATE AUDITOR Compensation 877 STATE BOARD OF NURSING HOME ADMINISTRATORS Removal of members; powers and duties; licenses; reciprocity; termination date 846 STATE BOXING COMMISSION Sunset of commission; boxing while under the influence of alcohol or a drug 674 STATE CHILDREN'S TRUST FUND Proposed amendment to the Constitution 1631 STATE COMMISSION ON THE CONDEMNATION OF PUBLIC PROPERTY 1187 STATE COURTS Solicitors; residency requirements 171 STATE DEPOSITORY BOARD Local government investment pools; bodies created for a public purpose 205 STATE EMPLOYEES' ASSURANCE DEPARTMENT Comptroller General; references changed to Commissioner of Insurance 999 STATE ETHICS COMMISSION Creation 957 STATE FORESTRY COMMISSION Reforestation incentives program; wood load tickets 402

Page CL

STATE GOVERNMENT Air Transportation Act; pilots; mandatory retirement age 338 Asbestos and hazardous materials; abatement or removal; liability insurance and self-insurance 150 Central inventory of personal property; applicability; acquisition costs; prior approval 826 Code revision 10 Comptroller General; title changed to Commissioner of Insurance in certain Code sections 855 Consumers' utility counsel; date for abolition of office 283 English designated as the official language of the State of Georgia 529 Federal grant programs; agreements with other states 178 General obligation debt; loans for water and sewerage facilities 1612 Georgia Building Authority; Agency for Removal of Hazardous Materials created 829 Georgia Building Authority; day care centers 1489 Georgia Building Authority; real property inventory 1483 Georgia Council for the Arts; name change 174 Georgia Development Authority; first-time farmer tax-free note program; eligibility for loans 656 Georgia Development Authority; membership; powers; programs; tax exemptions; venue 705 Georgia Environmental Facilities Authority created 569 Georgia State Financing and Investment Commission; appropriations; use if debt is not incurred; negotiated sale of notes and bonds; investments 339 Health Planning Agency; state health plan; rules; certificates of need 148 Metropolitan area planning and development commissions; regional public projects; debt; taxing power; operating expenses 1049 Mileage and travel expenses; reimbursement rate 356 Public property; causes of action; proceedings; judicial relief 316 Public property; inventory of real property; filing of conveyances and court orders; State Properties Commission 1483 Records; microform standards; liability 1154 Records; veterinary care 1090 State Commission on the Condemnation of Public Property; acquisition of public property 1187 State Patrol Disciplinary Board; membership 193 State Properties Commission; real property inventory; duties 1483 State Records Committee; microform standards; liability 1154 Suspension of public officials upon indictment; compensation; reinstatement; vacancies 1614 Uncollectable debts or obligations; write offs by state agencies or departments; audits 506 Western and Atlantic Railroad; amendment of lease to Seaboard System Railroad, Inc. 231 STATE MEDICAL EDUCATION BOARD Income tax refunds; setoff debt collection 825

Page CLI

STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Day care centers for state employees; capitol hill pilot program 1489 Definitions; interdepartmental transfers; working test 469 STATE PATROL Impersonating a member 1059 Recruits and cadets; authority; clothing allowance for members assigned to personal security or special duty 452 State Patrol Disciplinary Board 193 STATE PROPERTIES COMMISSION Real property inventory; duties 1483 See Tabular Index heading Resolutions Authorizing Land Conveyances, Leases, and Easements. STATE PROPERTY Hog Hammock community 453 STATE RECORDS COMMITTEE Microform standards; liability 1154 STATESBORO, CITY OF Downtown Statesboro Development Authority; local constitutional amendment continued 4655 STATE TOLLWAY AUTHORITY Federal contributions 1241 STATUTES County or municipal road or street authorities; referendum requirement 1628 STATUTES OF LIMITATION Traffic convictions; time limits for filing challenges 444 STEPHENS COUNTY Board of commissioners; compensation 4743 District attorney; investigator; compensation 5493 Stephens County Development Authority; local constitutional amendment continued 4153 Superior court; terms 1526

Page CLII

STEPHENS COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4153 STEWART COUNTY Board of education; elections; local constitutional amendment continued 3859 Chattahoochee River bridges; local constitutional amendment continued 3863 Electrical system; local constitutional amendment continued 3861 Natural gas system; local constitutional amendment continued 3865 Stewart County Industrial Development Authority; local constitutional amendment continued 3867 STEWART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 3867 ST. MARYS, CITY OF Corporate limits 4128 STONE MOUNTAIN JUDICIAL CIRCUIT Additional judge 423 STONE MOUNTAIN MEMORIAL ASSOCIATION Real property inventory 1483 STUN GUNS Possession during commission or attempted commission of certain felonies 1205 SUMMERTOWN, CITY OF New charter 5103 SUMMERVILLE, CITY OF Corporate limits 4953 SUMMER YOUTH EMPLOYMENT TRAINING PROGRAM Income; Aid to Families with Dependent Children 881 SUMTER COUNTY Public school system created; referendum 3501 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Retirement benefits for clerks and their spouses 1252

Page CLIII

SUPERIOR COURT JUDGES RETIREMENT SYSTEM Calculation of spouses benefits upon death of a member 1265 Cost-of-living adjustments; surviving spouses 1257 Retirement age; spouses' benefits 1326 SUPERIOR COURTS Appeals from probate courts in counties of more than 150,000; abolished 982 Appeals from the Department of Human Resources and county boards of health 1280 Clerks; annual training; reimbursement of expenses 213 Clerks; fees and costs 1002 Clerks; recording executions from the magistrate courts 701 Judges; continuing judicial education expenses; secretaries' base salaries 794 Law clerks; payments to counties 1488 SUPREME COURT Appeals from probate courts in counties of more than 150,000 982 SURVEYORS County surveyors; private practice 888 SYLVANIA, CITY OF Mayor and council; eligibility for office of city manager 5786 T TALBOT COUNTY Deputy sheriffs 4120 TALLAPOOSA, CITY OF Tallapoosa Development Authority; local constitutional amendment continued 4688 TALLAPOOSA DEVELOPMENT AUTHORITY Local constitutional amendment continued 4688 TAPE PIRACY Videotape; visual images; masters 652

Page CLIV

TASERS Possession during commission or attempted commission of certain felonies 1205 TASK FORCE ON FUNDING OF INDIGENT HEALTH CARE PROGRAMS Creation by Governor requested 526 TATTNALL COUNTY Board of education; compensation 3888 TAX COLLECTORS AND TAX COMMISSIONERS Annual training requirements; removal from office 502 Counties of 550,000 or more; checks and money orders 274 Qualifications 495 Vacancies 1229 TAXIDERMISTS Mounting and sale of fur bearers, deer, and squirrel 485 TEACHERS RETIREMENT SYSTEM OF GEORGIA Average compensation; computation 1262 Certain certified professional personnel of the State Board of Education or State Department of Education; membership 1543 Creditable service; absence because of pregnancy 1536 Creditable service for certain prior teaching service 1531 Credit for certain military service 1552 Employer contributions; local units of administration; State Board of Education 375 Membership of former members of the Employees' Retirement System of Georgia; withdrawal of contributions 1258 Minimum retirement allowance; retirement under local retirement systems; cost-of-living increase 620 Reinstatement of membership 1547 TELFAIR COUNTY County officers; ineligibility to hold office; local constitutional amendment continued 4527 THOMASTON, CITY OF Ad valorem tax collection; contracts 5748 Mayor's court; fines; arrests 5816

Page CLV

TIFT COUNTY Board of commissioners; composition; districts; elections; terms; sessions 5274 Board of education; composition; districts; elections; qualifications 5262 TIFTON, CITY OF Municipal election dates 3829 TIMBER Reforestation incentives program; wood load tickets 402 TOOMBS COUNTY Board of commissioners; compensation 4159 State court; judge and solicitor; compensation; clerical assistance 4586 TORTS Chiropractors; standard of care; scope of practice 1534 Code revision 10 Immunity of persons who are justified in threatening or using force in defense of a habitation 515 Libel; requests for and publication of retractions as relevant and competent evidence 272 TOWNS COUNTY District attorney; investigator; compensation 5493 Superior court; terms 1526 TRI-COUNTY WATER AUTHORITY Created for Columbia, McDuffie, and Lincoln Counties 5318 TRION, CITY OF Local sales and use tax for education 3712 TROUP COUNTY Board of education; election; school superintendent; appointment; Act continuing local constitutional amendment repealed; referendum 3515 Board of education; school district defined; referendum 3633 Mountville Water Authority 3531

Page CLVI

TRUCKS Suspension systems; limitations on alterations; penalties 1210 TRUSTS Investment standards; unproductive or nonincome-producing property 1553 TURNER COUNTY Sheriff; compensation 4706 Turner County Development Authority local constitutional amendment continued 4708 TURNER COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4708 TWIGGS COUNTY School superintendent; appointment; referendum 5542 TYBEE ISLAND, CITY OF Mayor and council; powers; parking and street and beach use fee on motor vehicles 4067 U UNIFORM COMMERCIAL CODE Secured transactions; financing and continuation statements; maturity date; expiration 357 UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS LAW Enactment 380 UNION COUNTY District attorney; investigator; compensation 5493 Superior court; terms 1526 UNITED STATES CONGRESS Resignation of members; procedure 996

Page CLVII

UNIVERSITY OF GEORGIA Bicentennial license plates 312 UPSON COUNTY Clerk of the superior court placed on an annual salary 4612 School district; homestead exemption; referendum 4497 URBAN RESIDENTIAL FINANCE AUTHORITIES ACT FOR LARGE MUNICIPALITIES (400,000 OR MORE) Powers; loans; bonds 947 USED MOTOR VEHICLE DISMANTLERS, REBUILDERS, AND SALVAGE DEALERS Definitions; out-of-state buyer's cards 465 V VACANCIES IN OFFICE Procedures; resignations 996 VALDOSTA, CITY OF Corporate limits 4224 VALDOSTA STATE COLLEGE Motor vehicle license plates 223 VENUE Actions against railroads or electric companies 37 VETERANS Disabled veterans; homestead exemption 1445 VETERINARIANS Privileged communications; evidence; public inspection of records 1090 VIDALIA, CITY OF School district; powers of board of education; referendum 4862

Page CLVIII

VIDALIA ONION ACT OF 1986 3 VIDEOTAPE Criminal reproduction and sale of recorded material 652 W WACO, TOWN OF Waco Development Authority; local constitutional amendment continued 4692 WACO DEVELOPMENT AUTHORITY Local constitutional amendment continued 4692 WALKER COUNTY Clerk of the superior court; personnel; compensation 4142 Coroner; compensation 4146 State court; judge and solicitor; compensation and expenses 4144 Tax commissioner; compensation of personnel 4139 WALTON COUNTY Coroner; compensation 3819 Walton Industrial Building Authority; local constitutional amendment continued 4730 WALTON INDUSTRIAL BUILDING AUTHORITY Local constitutional amendment continued 4730 WARE COUNTY Board of commissioners; compensation 4213 Board of commissioners; composition; elections; districts; officers; compensation 5374 Coroner; compensation 3913 County manager; local constitutional amendment continued 3679 Sheriff; county police force; powers local; constitutional amendment continued 4373 Tax to promote new industry; local constitutional amendment continued 3904 Waycross and Ware County Development Authority; local constitutional amendment continued 4379

Page CLIX

WARNER ROBINS, CITY OF Redevelopment powers; referendum 3923 Voter registration 5821 WASHINGTON COUNTY Homestead exemption for persons 65 or older; referendum 4485 Homestead exemption from county school taxes; referendum 4489 WATER QUALITY Permit terms; general permits; federal funds; penalties; local ordinances 350 WATERS OF THE STATE, PORTS, AND WATERCRAFT Boating, skiing, etc. under the influence of alcohol or drugs prohibited; chemical tests; penalties 612 Georgia Ports Authority; venue of actions 164 Metropolitan Rivers Protection Act; rules and regulations; appeals 321 Pilots; directions for mooring; docking of ships 482 WAYCROSS, CITY OF Board of education; membership of city manager 3897 , 3899 Bonds for water works system; local constitutional amendment continued 4375 Commission; elections; qualifications; vacancies; oath 4843 Downtown Waycross Development Authority; local constitutional amendment continued 3906 Tax to promote new industry; local constitutional amendment continued 4377 Waycross and Ware County Development Authority; local constitutional amendment continued 4379 WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY Local constitutional amendment continued 4379 WAYNE COUNTY Coroner; compensation 3942 Tax commissioner; compensation; employees 4858 WEAPONS See also, Pistols Stun guns and tasers; possession during commission of certain crimes; trial judges; concealed weapons 1205

Page CLX

WEBB, MR. PAUL, D.B.A. KWIK KOPY #206 Compensation 524 WEBSTER COUNTY Webster County Industrial Development Authority; local constitutional amendment continued 4619 WEBSTER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 4619 WELLS Abandoned wells or holes; abatement of hazards 922 WESLEYAN COLLEGE Special motor vehicle license plates 201 WESTERN AND ATLANTIC RAILROAD Amendment of lease to Seaboard System Railroad, Inc. 231 WESTERN JUDICIAL CIRCUIT District attorney; personnel paid by Clarke County 4840 WEST GEORGIA COLLEGE Motor vehicle license plates 852 WEST JACKSON FIRE DISTRICT Local constitutional amendment continued 4661 WHITE, CITY OF Mayor's court; appointment and qualifications of judge; certiorari 4342 WHITE COUNTY Superior court; additional judge 160 WHITFIELD COUNTY Board of commissioners; composition; elections; compensation; referendum 5597 WILKES COUNTY Board of education; composition; elections; districts; referendum 4091

Page CLXI

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Appeals from probate courts in counties of more than 150,000 982 Code revision 10 Estate planning tax-motivated dispositions of a ward's property by a guardian authorized 684 Intestate decedents; persons in possession of $2,500.00 or less of an intestate decendent; savings account deposits required 887 Investments by corporate fiduciaries in certain investment trusts 882 Letters of administration; surviving spouses 200 Living wills; effectiveness; forms 445 Motor vehicles; certificates of title; transfer under a will; procedures 281 Probate; acknowledgements of service; attestation by a notary public or the clerk of the probate court required 436 Trust powers; transfer by banks 1244 Trusts; beneficiaries of trusts qualifying for federal estate or gift tax martial deduction; unproductive or nonincome-producing property 1553 Year's support; procedures; time periods; rights of redemption; schedules 1272 WINDER, CITY OF Barrow County Airport Authority; creation 5518 WRECKERS Lights on wreckers and vehicles towed by wreckers 1185 WOOD, JOE T., WAR VETERANS NURSING HOME Designated 1201 WOODALL, MR. FRANKLIN D. Compensation 530 WOODSTOCK, CITY OF Corporate limits 4004 WORTH COUNTY Board of education; compensation 3710 Board of education; membership; elections; referendum 3716

Page CLXII

Y YEAR'S SUPPORT Procedures; amount; rights of redemption 1272 YOUNG HARRIS COLLEGE Motor vehicle license plates 275 Z ZONING AND PLANNING Disclosure of interests of local officials in property; disclosure of gifts and contributions 1269

Page CLXIII

POPULATION 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 11,137 9,215 Muscogee 170,108 167,377 158,623 118,028 75,494 57,558 Newton 34,489 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 6,536 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 5,462,982 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506

Page CLXVI

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 6,536 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 34,489 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 5,462,982

Page CLXVIII

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

Page CLXX

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1985-1986 District Name Address 23 Frank A. Albert 3102 Walton Way Ext., Augusta 30909 22 Thomas F. Allgood 615 Telfair Bldg., Augusta 30903 29 A. Quillian Baldwin, Jr. P.O. Box 1364, LaGrange 30241 18 Ed Barker P.O. Box 5036, Warner Robins 31099 33 Roy E. Barnes 4841 Brookwood Dr., Mableton 30059 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 1 J. Tom Coleman P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2015 Peachtree Rd., NE, Atlanta 30309 45 Harrill L. Dawkins 1445-A Old McDonough Rd., 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 25 Azalea Trail, Carrollton 30117 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 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 160 Clairemont Ave., 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 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, Atlanta 30331 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. (Bud) McKenzie P.O. Box 565, Montezuma 31063 48 Donn H. Peevy P.O. Box 862, Lawrenceville 30245 7 Ed Perry P.O. Box 925, Nashville 31639 9 R. T. (Tom) Phillips 1703 Pounds Rd., Stone Mountain 30087 19 Walter S. Ray Box 295, Douglas 31533 6 Riley Reddish Cherokee Lake, Jesup 31545 2 Albert (Al) Scott P.O. Box 1704, Savannah 31402 36 David Scott 190 Wendell Dr., SE, Atlanta 30315 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 11 Jimmy Hodge Timmons 132 Woodlawn, Blakely 31723 32 Jim Tolleson 2195 Beech Valley Dr., Smyrna 30080 10 Paul Trulock P.O. Box 70, Climax 31734 8 Loyce W. Turner 608 Howellbrook Dr., Valdosta 31602 41 James W. (Jim) Tysinger 3781 Watkins Place NE, Atlanta 30319 43 Eugene P. (Gene) Walker 2231 Chevy Chase Lane, Decatur 30032

Page CLXXII

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1985-86 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398 Savannah 31403 2 Albert (Al) Scott 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 P.O. Box 925 Nashville 31639 8 Loyce W. Turner 608 Howellbrook Dr. Valdosta 31602 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 5036 Warner Robins 31099 19 Walter S. Ray Box 295 Douglas 31533 20 Hugh M. Gillis, Sr. P.O. Box 148 Soperton 30457 21 Bill English 214 Golf Dr. Swainsboro 30401 22 Thomas F. Allgood 615 Telfair Bldg. Augusta 30903 23 Frank A. Albert 3102 Walton Way Ext. Augusta 30909 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 A. Quillian Baldwin, Jr. P.O. Box 1364 LaGrange 30241 30 Wayne Garner 25 Azalea Trail Carrollton 30117 31 Nathan Dean 340 Wingfoot St. Rockmart 30153 32 Jim Tolleson 2195 Beech Valley Drive Smyrna 30080 33 Roy E. Barnes 4841 Brookwood Drive Mableton 30059 34 Bev Engram 749 Pinehurst Dr. P.O. Box 908 Fairburn 30213 35 Arthur Langford, Jr. 1544 Niskey Lake Trail Atlanta 30331 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 160 Clairemont Ave. 500 Fidelity National Bank Bldg. Decatur 30030 43 Eugene P. (Gene) Walker 2231 Chevy Chase Lane Decatur 30032 44 Terrell Starr 4766 Tanglewood Lane Forest Park 30050 45 Harrill L. Dawkins 1445-A Old McDonough Rd. 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 P.O. Box 862 Lawrenceville 30245 49 J. Nathan Deal P.O. Box 2522 Gainesville 30503 50 John C. Foster P.O. Box 100 Cornelia 30531 51 Max Brannon P.O. Box 1027 Calhoun 30701 52 Edward Hine, Jr. P.O. Box 5511 Rome 30161 53 Waymond C. Huggins P.O. Box 284 LaFayette 30728 54 W. W. (Bill) Fincher, Jr. P.O. Drawer 400 Chatsworth 30705 55 Lawrence (Bud) Stumbaugh 1071 Yemassee Trail Stone Mountain 30083 56 Haskew H. Brantley, Jr. P.O. Box 605 Alpharetta 30201

Page CLXXV

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 114 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

Page CLXXVII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1985-1986 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 62 Charles E. Bannister 312 Emily Dr. Lilburn 30247 108 Emory E. Bargeron P.O. Box 447 202 E. Fifth St. Louisville 30434 10 Bill H Barnett P.O. Box 755 Cumming 30130 59 O. M. (Mike) Barnett 4779 St. Moritz Drive Lilburn 30247 148 James M. Beck 2427 Westwood Dr. Valdosta 31602 72-Post 2 Jimmy W. Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane SW Atlanta 30311 104 Kenneth (Ken) W. 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 Fitgerald 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 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 20-Post 2 A. L. (Al) Burrus P.O. Box 6338 Marietta 30065 153-Post 2 Roger C. Byrd P.O. Box 756 Hazlehurst 31539 146 Hanson Carter 808 River Rd. Nashville 31639 133 Tommy Chambless P.O. Box 2008 Albany 31702 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Don Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E. M. (Buddy) Childers 28 Surrey Trail 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 Copper 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, Sr. 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 329 Harold Dobbs Road 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 22 Dorothy Felton 465 Tanacrest Dr., NW Atlanta 30328 6-Post 2 Philip A. (Phil) Foster 411 College Dr. Apt. E. 16 Dalton 30720 154 James M. Floyd Rt. 1, Box 23 Hinesville 31313 97 Mary Jane Galer 7236 Lullwater Rd. Columbus 31904 110 John F. Godbee 401 Lane St. Brooklet 30415 63 Bill Goodwin 3823 Club Forest Dr. Norcross 30092 130 Gerald E. Green 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 131 Bob Hanner Route 1, Box 26 Parrott 31777 84 Bobby Harris Rt. 5, Box 593 Thomson 30824 8-Post 2 W. G. (Bill) Hasty, Sr. Route 9, Hilton Way Canton 30114 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 83 James P. (Jim) Hill 471 Stevens Creek Rd. Martinez 30907 72-Post 3 C. E. (Ed) Holcomb P.O. Box 122 Jonesboro 30237 28 Bob Holmes 1850 King Geo. Lane, SW Atlanta 30331 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 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 11-Post 2 Mary Jeanette Jamieson P.O. Box 852 Toccoa 30577 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 72-Post 4 Rudolph Johnson 5604 Reynolds Rd. Morrow 30260 76 Suzi Johnson P.O. Box 277 Orchard Hill 30266 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 125 Jack Kingston 30 Wylly Ave. Savannah 31406 111 Bob Lane 205 Aldred Ave. Statesboro 30458 27 Dick Lane 2704 Humphries St. East Point 30344 20-Post 5 Terry D. Lawler P.O. Box 189 Clarkdale 30020 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 Bill Lee 5325 Hillside Dr. Forest Park 30050 70 Carolyn W. Lee 546 Burwell Road Carrollton 30117 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 594 Westover Dr. Atlanta 30305 7 J. C. Maddox P.O. Box 577 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 620, 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 Str., RFD 1 Lindale 30147 35 J. E. (Billy) McKinney 765 Shorter Terrace NW Atlanta 30318 81 Wade Milam 419 College Ave. P.O. Box 1361 LaGrange 30241 13-Post 2 Billy Milford Route 3 Hartwell 30643 153-Post 1 Lundsford Moody Route 1, Box 205 Baxley 31513 139 James C. Moore Route 2 West Green 31567 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Ct. Tucker 30084 75 John L. Mostiler 150 Meadovista Dr. Griffin 30223 93 Roy D. Moultrie P.O. Box 119 Hamilton 31811 126 Anne Mueller 13013 Hermitage Rd. Savannah 31419 18 Thomas B. Murphy P.O. Drawer 1076 Bremen 30110 121 Clinton Oliver P.O. Box 237 Glennville 30427 86 Mike Padgett Route 1, Box 5 Augusta 30906 122 James L. (Jim) Pannell 218 W. State St. P.O. Box 10186 Savannah 31412 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 109 Larry J. Butch Parrish 224 W. Main St. Swainsboro 30401 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 120 L. L. (Pete) Phillips P.O. Box 166 Soperton 30457 100 Frank C. Pinkston 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 155 Virginia P. Ramsey 393 Lake Circle Drive Brunswick 31520 101 William C. (Billy) Randall 2770 Hillcrest Ave. Macon 31204 90 Dick Ransom 3214 Skinner Mill Road Augusta 30909 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 96 Pete Robinson 3334 Coweta Drive Columbus 31907 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 144 A. Richard Royal 20 N. Scott 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 T. Sinkfield 179 Tonawanda Dr., SE Atlanta 30315 136 Earleen Sizemore Route 3 Sylvester 31791 78 Larry Smith P.O. Box 4155 Jackson 30233 16 Paul E. Smith 2 Saddle Horn Drive P.O. Box 486 Rome 30162 152 Tommy Smith Route 1 Alma 31510 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 69 Charles Thomas P.O. Box 686 Temple 30179 31 Mable Thomas P.O. Box 573 Atlanta 30301 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 24 Kiliaen V. R. (Kil) Townsend 56 Paces West Drive NW Atlanta 30327 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 61 Vinson Wall 164 E. Oak St. Lawrenceville 30245 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 21-Post 5 Tom Wilder 2920 Rockbridge Rd. Marietta 30066 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 54 Juanita Terry 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 4794 Bexley Drive Stone Mountain 30083 14 Charles W. Yeargin P.O. Box 584 Elberton 30635 134 Mary M. Young 423 Holloway Ave. Albany 31705

Page CLXXXV

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1985-1986 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 1-Post 2 Forest Hays, Jr. Route 2 Flintstone 30725 2 Robert G. (Bob) Peters P.O. Box 550 Ringgold 30736 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 4-Post 1 Carlton H. Colwell P.O. Box 850 Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 5 John G. Crawford Route 1, Box 518 Lyerly 30730 6-Post 1 Roger Williams 132 Huntington Rd. Dalton 30720 6-Post 2 Philip A. (Phil) Foster 411 College Dr. Apt E 16 Dalton 30720 7 J. C. Maddox P.O. Box 577 Calhoun 30701 8-Post 1 Wendell T. Anderson, Sr. RFD 4 Canton 30114 8-Post 2 W. G. (Bill) Hasty, Sr. Route 9, Hilton Way Canton 30114 9-Post 1 Joe T. Wood P.O. Drawer 1417 Gainesville 30503 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 10 Bill H. Barnett P.O. Box 755 Cumming 30130 11-Post 1 William J. Dover Timbrook, Route 2 Clarkesville 30523 11-Post 2 Mary Jeanette Jamieson P.O. Box 852 Toccoa 30577 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 28 Surrey Trail Rome 30161 15-Post 2 Forrest L. McKelvey 104 Hooper St., RFD 1 Lindale 30147 16 Paul E. Smith 2 Saddle Horn Drive P.O. Box 486 Rome 30162 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 Copper 2432 Powder Springs Rd. Marietta 30064 20-Post 4 Steve Thompson 4265 Bradley Dr. Austell 30001 20-Post 5 Terry D. Lawler P.O. Box 189 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 56 Paces West Drive NW Atlanta 30327 25 John M. Lupton 594 Westover Dr. Atlanta 30305 26 Jim Martin Suite 620, 161 Spring St. Atlanta 30303 27 Dick Lane 2704 Humphries St. East Point 30344 28 Bob Holmes 1850 King Geo. Lane, SW Atlanta 30331 29 Douglas C. Dean 346 Arthur St. SW Atlanta 30310 30 Paul Bolster 660 Woodland Ave., SE Atlanta 30316 31 Mable Thomas P.O. Box 573 Atlanta 30301 32 Mrs. Helen Selman Jones Ferry Rd., Box 315 Palmetto 30268 33 J. C. Daugherty, Sr. 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., SE 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 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 44 John Linder 5039 Winding Branch Dr. Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr. NE Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place NE Atlanta 30324 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Ct. Tucker 30084 48 Betty Jo Williams 2024 Castleway Dr. NE Atlanta 30345 49 Tom Lawrence 2283 Stratmor Dr. Stone Mountain 30087 50 Frank L. Redding, Jr. P.O. Box 117 Decatur 30030 51 Ken Workman 4794 Bexley Drive Stone Mountain 30083 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mrs. Mobley (Peggy) Childs 520 Westchester Dr. Decatur 30030 54 Juanita Terry Williams 8 E. Lake Dr. NE Atlanta 30317 55 Betty J. Clark P.O. Box 17852 Atlanta 30316 56 Betty Aaron 3920 Johns Hopkins Ct. Decatur 30034 57-Post 1 Troy A. Athon 1161 Valley Dr. NE Conyers 30207 57-Post 2 William C. (Bill) Mangum, Jr. 4320 Pleasant Forest Dr. Decatur 30034 57-Post 3 Dean Alford 20 Willowick Dr. Lithonia 30058 58 Cas Robinson 4720 Fellswood Dr. Stone Mountain 30083 59 O. M. (Mike) Barnett 4779 St. Moritz Drive Lilburn 30247 60 Charles C. Martin 470 Hill St. Buford 30518 61 Vinson Wall 164 E. Oak St. Lawrenceville 30245 62 Charles E. Bannister 312 Emily Dr. Lilburn 30247 63 Bill Goodwin 3823 Club Forest Dr. Norcross 30092 64 John D. Russell P.O. Box 588 Winder 30680 65 Neal Jackson 316 N. Broad St. Monroe 30655 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 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 Carolyn W. Lee 546 Burwell Road 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 329 Harold Dobbs Road 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 Larry Smith P.O. Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Rd. Thomaston 30286 80 Kenneth Waldrep 87 N. Lee St. Forsyth 31029 81 Wade Milam 419 College Ave. P.O. Box 1361 LaGrange 30241 82 Ben Barron Ross P.O. Box 245 Lincolnton 30817 83 James P. (Jim) Hill 471 Stevens Creek Rd. Martinez 30907 84 Bobby Harris Rt. 5, Box 593 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 3047 Walton Way Augusta 30909 90 Dick Ransom 3214 Skinner Mill Road Augusta 30909 91 Claude A. Bray, Jr. P.O. Box 549 Manchester 31816 92 Calvin Smyre P.O. Box 181 Columbus 31902 93 Roy D. Moultrie P.O. Box 119 Hamilton 31811 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 95 Thomas B. Buck III P.O. Box 196 Columbus 31902 96 Pete Robinson 3334 Coweta Drive Columbus 31907 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 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 Larry J. Butch Parrish 224 W. Main St. 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) Watson, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George Hooks P.O. Box 928 Americus 31709 117 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 James L. (Jim) Pannell 218 W. State St. P.O. Box 10186 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 Jack Kingston 30 Wylly Ave. 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 M. 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. Balkcom Route 1 Blakely 31723 141 Walter E. Cox 202 West St. Bainbridge 31717 142 Bobby Long 1466 6th St., NW Cairo 31728 143 Allen Sherrod Route 1 Coolidge 31738 144 A. Richard Royal 20 N. Scott St. Camilla 31730 145 Hugh D. Matthews Route 1, Box 913 Moultrie 31768 146 Hanson Carter 808 River Rd. Nashville 31639 147 Henry L. Reaves Route 2, Box 83 Quitman 31643 148 James M. Beck 2427 Westwood Dr. Valdosta 31602 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 Lunsford Moody Route 1, Box 205 Baxley 31513 153-Post 2 Roger C. Byrd P.O. Box 756 Hazlehurst 31539 154 James M. Floyd Rt. 1, Box 23 Hinesville 31313 155 Virginia P. Ramsey 393 Lake Circle Drive Brunswick 31520 156 Dean G. Auten 628 King Cotton Row Brunswick 31520

Page CXCIII

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1985 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 2 16 1984 37 3 34 1985 25 8 3 14 TOTALS 1005 50 54 901

Page CXCIV

REFERENDUM ELECTIONS The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

Page CXCV

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 : For65; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

Page CXCVIII

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 Moultrie 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 (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 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 For223 Agn37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2-City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3-City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote : For669; Agn43 Outside City : For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2 : For7; Agn36 City Election : For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 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 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629 Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote : For4598; Agn4288 Outside City vote : For 1902; 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 Elections Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2890 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County Officerscompensation 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806

Page CCXIV

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 Commissioner-compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page CCXVII

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 CCXX

Georgia Laws, 1963 : County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City : For243; Agn44 Outside City : For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissioner 5-28-63 For91 Agn279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissioner 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130

Page CCXXIII

Georgia Laws 1964, January-February session : County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For124 Agn61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4-8-64 For174 Agn394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn613 Cook 2093 County Commissioners 3-4-64 For2003 Agn1612 Dodge 2954 City of Empire 6-2-64 For55 Agn71 Fulton 2478 City of Union City 5-8-64 For214 Agn279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For90 Agn4 Hancock 2088 Certain County Officerscompensation 4-22-64 For251 Agn64 Harris 2939 Town of Pine Mountain 4-29-64 Inside : For61 Agn43 Outside : For0 Agn7 Hart 2028 Board of Finance 9-9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4-1-64 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 Agn93 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 CCXXVI

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 8-8-72 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 CCXXXI

Georgia Laws 1973, January/February session : County Page No. SUBJECT Date of Election 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 CCXXXIII

Georgia Laws 1974, January/February session : County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 (3 elections held on same date) City Vote 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.

Page CCXXXV

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.

Page CCXXXVIII

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 4499 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)

Page CCXL

Georgia Laws, 1976, January/February Session : County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5-4-76 * * Date of Presidential Preference Primary Election (May 4, 1976) Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5-4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5-4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5-4-76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11-2-76 ** ** Date of November 2, 1976 General Election Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11-2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5-4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5-4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5-4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5-4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5-4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5-4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5-4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5-4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5-4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5-4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5-4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11-2-76 ** Yes: 1,259 No: 1,863 Richmond 4927 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

Page CCXLII

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: 1,618 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: 1,375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1,042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1,158 Towns 3974 County Board of Education and County School Superintendent 2-2-78 Yes: 1,014 No: 1,384 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.

Page CCXLIII

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: 453 No: 692 Rabun 3430 Board of Education 11-7-78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No: 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 #3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No: 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell (Civil Action File No. 18,462) Not Held This is a summary of the results of referendum elections which are on file in the office of the Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to refer to the Act which called for the referendum.

Page CCXLV

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: 2,490 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 1,015 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.

Page CCXLVI

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 Thunderbolt 5-27-80 Thunderbolt Proposition #1 Yes: 152 No: 140 Proposition #2 Yes: 109 No: 177 Macceo Island Proposition #1 Yes: 58 No: 5 Proposition #2 Bonna Bella Proposition #1 Proposition #2 Yes: 62 No: 21 Cherokee 3275 Board of Education 8-12-80 Yes: 814 No: 435 Coffee 1795 Election of School Supt. Not Held Columbia 3707 Board of Commissioners 5-7-80 Yes: 1,920 No: 1,103 Decatur 3272 Board of Ed. residency requirements 11-4-80 Yes: 2,267 No: 899 DeKalb 3996 Type of Government for DeKalb Co. 8-5-80 Type 1: 38,094 Type 2: 23,553 Douglas 4120 Board of Education 11-4-80 Yes: 3,424 No: 7,389 Effingham 3542 Board of Education 8-12-80 Yes: 430 No: 92 Gordon 3720 Board of Education Not Held Henry 3009 County Commissioners 3-11-80 Yes: 2,252 No: 1,500 Irwin 3030 Office of Tax Commissioner 4-8-80 Yes: 834 No: 119 Laurens 3016 Board of County Commissioners 3-11-80 Yes: 1,797 No: 1,413 Laurens 3189 Terms of Mayor Council (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6-3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits (City of Cohutta) 5-17-80 Yes: 10 No: 0

Page CCXLVII

Referendum Election Results: Acts of the 1981 Session of the General Assembly County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election Chatham (City of Tybee Island) 4914 Change the corporate limits of said city 6-25-81 Corporate limits Yes: 222 No: 60 Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 Yes: 2,388 No: 2,883 County Yes: 2,611 No: 2,120 City Coffee 3626 Election of School Superintendent 6-2-81 Yes: 1,329 No: 1,424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1,393 No: 185 Gordon 3269 Abolish Bd. of Comm. and re-create office of County Commissioner 8-4-81 Yes: 1,319 No: 1,664 Gordon 3586 Provide election term of School Supt. 8-4-81 Yes: 1,527 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: 7,352 No: 1,526

Page CCXLVIII

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 mbr. - 1191 Six mbr. - 1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365 - 9,385) 8-2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11-2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11-2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11-2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham (Town of Thunderbolt) 4295 Corporate limits 6-22-82 Corporate Limits Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200 Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000) 11-2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11-2-82 Yes 1,623 No 1,020 DeKalb * 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11-2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6-1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4-6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230 Jackson 4012 Jackson County school districtmerged with Jefferson City school district and Commerce City school district 11-2-82 Jackson Co. Yes 1,991 No 2,438 Inside City of Commerce Yes 796 No 243 Inside City of Jefferson Yes 390 No 78 Lowndes 3582 Board of commissioners 11-2-82 Yes 3,652 No 4,513 Lumpkin 4274 Superintendent of Schools 6-8-82 Yes 312 No 595 Lumpkin 4277 Board of education 6-8-82 Yes 720 No 191 Oconee (City of Bogart) 4869 New charter 12-7-82 Yes 66 No 147 Pierce 4649 School board and superintendent 11-2-82 Proposal No. 1 Question No. 1 - 526 Question No. 2 - 1,124 Proposal No. 2 Question No. 1 - 613 Question No. 2 - 947 Pulaski 4638 School district superintendent 11-2-82 Yes 698 No 787 Twiggs 3627 Election of members of Bd. of Ed. 8-10-82 Yes 1,327 No 533 Ware (City of Waycross) 4611 Land conveyance authorized 11-2-82 Yes 1,869 No 878 Wayne 3789 4717 Board of commissioners 11-2-82 Yes 1,320 No 684 Wheeler 4126 Board of education Was not held Worth 3715 Board of commissioners 11-2-82 Yes 1,643 No 733

Page CCLII

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 Orphanage 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 Referendum not held Newton 3814 Homestead exemptions for certain residents Referendum not held 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 6-26-84 Yes 2,060 No 3,860 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

Page CCLV

Referendum Election Results: Acts of the 1984 Session of the General Assembly County Page No. SUBJECT Date of Election Result Statewide 520 Ad Valorem taxation of propertyadditional exemption 11-6-84 Yes: 718,467 No: 464,620 Statewide 788 Ad Valorem taxation of propertyexemption of certain motor vehicles 11-6-84 Yes: 900,688 No: 345,204 Statewide 1253 Ad Valorem taxation of propertyexemption of nonprofit homes for mentally handicapped 11-6-84 Yes: 933,343 No: 295,707 Berrien 4823 Board of Commissioners of Berrien County act creating board amended 5-15-84 Yes: 211 No: 1,008 Butts 3588 Office of Treasurer abolished 3-13-84 Yes: 921 No: 791 Camden 3848 Homestead Exemptions for persons 62 and older 11-6-84 Yes: 2,577 No: 481 Cherokee 3580 Superintendent of Schools appointment by Board of Education 3-13-84 Yes: 1,734 No: 4,060 Columbia 4609 Columbia County School District additional homestead exemption for creation persons over 62 11-6-84 No Election Held Coweta Fulton City of Palmetto 4390 City of PalmettoTerm of Office of Mayor and Councilmen 8-14-84 No Election Held Coweta 3704 Coweta County Board of EducationCompositionElection and terms of office of members 11-6-84 Yes: 7,190 No: 2,328 Crisp 4352 Crisp County CommissionersNumber, Election Districts, Etc. 11-6-84 Yes: 1,253 No: 760 Dade 3575 Board of educationElection of members, Etc. 3-13-84 Yes: 987 No: 367 Dade 3564 Board of Commissionerscreated 3-13-84 Yes: 629 No: 777 Dodge 3531 Appointed School Superintendent 3-13-84 Yes: 585 No: 2,235 Forsyth 4144 Authorized to impose business and occupational license taxes 11-6-84 Yes: 4,290 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. 3-13-84 Yes: 24,258 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. 8-14-84 Yes: 2,222 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. 3-13-84 Yes: 1,347 No: 707 Harris 3766 Homestead Exemptions 8-14-84 Yes: 1,750 No: 375 Jones 3926 Homestead Exemptions 8-14-84 Yes: 2,476 No: 453 Jones 4459 Board of Education of Jones County Reconstituted 8-14-84 Yes: 2,206 No: 583 McIntosh 4103 Board of Education of McIntosh County Terms of Office of Members 5-15-84 Yes: 629 No: 239 McIntosh 4106 Appointment of School Superintendent by Board of Education 5-15-84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead Exemptions 11-6-84 Yes: 1,170 No: 45 Putnam 4657 Additional Homestead Exemption for persons 65 or older 8-14-84 Yes: 1,249 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed 11-6-84 Yes: 26,594 No: 9,857 Rockdale City of Conyers 4884 Homestead exemption for persons 62 and over 5-26-84 Yes: 91 No: 2 Stewart 3513 Board of Commissioners CreatedElection, terms of office, Compensation, Etc. 3-13-84 Yes: 625 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. 5-15-84 Yes: 316 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. 5-15-84 Yes: 311 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. 8-14-84 Yes: 2,496 No: 838 Upson 3729 Upson County Board of CommissionersCommissioner Districts, Etc. 4-17-84 Yes: 708 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education 11-6-84 Yes: 1,903 No: 2,650 Wayne 3971 Wayne County Board of EducationEducation Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of EducationElection of members, Etc. 3-13-84 Yes: 425 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. 8-14-84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead Exemptions 8-14-84 Yes: 458 No: 47

Page CCLIX

Referendum Election Results: Acts of the 1985 Session of the General Assembly County Page No. SUBJECT Date of Election Result Bacon 4823 Board of Education; Elections 6-25-85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption from Baldwin County School District Ad Valorem taxes To be Held August 1986 Primary Election Bleckley 4406 Board of Commissioners; Created To be Held November 1986 General Election Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Candler 4975 Board of Commissioners; Membership; Elections; Chairman; Powers; Referendum 6-11-85 Yes: 279 No: 116 Carroll 3945 Board of Education; School Superintendent; Referendum 9-10-85 Question 1: Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum To be Held November 4, 1986 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office; Referendum 11-5-85 Yes: 789 No: 511 Dawson 4179 Business and Occupational License Taxes To be Held November 1986 General Election DeKalb City of Decatur 4140 Homestead Exemptions for certain residents who are 62 or older; Referendum 12-4-85 Yes: 1,123 No: 154 Fayette 3992 Fayette County School DistrictAd Valorem Tax Exemption for Elderly and Disabled Resident: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum To be Held November 1986 General Election Fulton City of Atlanta 4371 City of AtlantaRedevelopment powers City Failed to Publish as required by Law City Atty. ruled not to put on ballot Fulton City of College Park 4513 Homestead exemptions; Referendum 5-13-85 Yes: 1,721 No: 143 Gwinnett 5106 Homestead Exemption from Gwinnett County School District Ad Valorem Taxes; Referendum To be Held 1986 General Election Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections: Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not precleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum To be Held General Primary 1986 Pierce 4836 Board of Commissioners; Elections; Referendum 11-5-85 Yes: 386 No: 169 Pierce 4841 Board of Education; Elections; Referendum 11-5-85 Yes: 365 No: 181 Polk 4985 Board of Education; Re-created; Referendum 6-11-85 Yes: 362 No: 299 Taylor 5087 Board of Education; Elections; Referendum 5-21-85 Yes: 362 No: 180 Wilkes 4580 Homestead Exemption from County and School District Ad Valorem Taxes; Referendum To be Held General Primary 1987

Page CCLXIII

For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State