Acts and resolutions of the General Assembly of the state of Georgia 1988 [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 19880000 English

Page iii

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1988 19880000 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 xiii Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 2096 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral XLIX Population of Georgia CountiesAlphabetically CXLVI Population of Georgia CountiesNumerically CXLIX Georgia Senatorial Districts, Alphabetically by County CLI Georgia Senators, Alphabetically by Name CLIII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVIII Status of Referendum Elections CLXXVI Vetoes by the Governor CCLXXVIII State Auditor's Report on Retirement Bills CCLXXXIV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5033 Municipal Home Rule Actions 5185 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars I IndexTabular XI IndexGeneral XLIX Population of Georgia CountiesAlphabetically CXLVI Population of Georgia CountiesNumerically CXLIX Georgia Senatorial Districts, Alphabetically by County CLI Georgia Senators, Alphabetically by Name CLIII Georgia Senators, Numerically by District CLV Georgia House Districts, Alphabetically by County CLVIII Georgia Representatives, Alphabetically by Name CLX Georgia Representatives, Numerically by District CLXVIII Status of Referendum Elections CLXXVI Vetoes by the Governor CCLXXVIII State Auditor's Report on Retirement Bills CCLXXIV

Page vi

COMPILER'S NOTE General Acts and Resolutions of the 1988 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 2096. 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 1987 are printed in Volume II beginning at page 5033. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1987 are printed in Volume II beginning at page 5185. There are no numbered pages between page 2128 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 board 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 800 1 801 3501 802 3510 803 3515 804 2 805 3523 806 3527 807 3529 808 3535 809 7 810 3540 811 3543 812 3546 813 3550 814 9 815 11 816 13 817 3567 818 30 819 31 820 3569 821 34 822 38 823 68 824 3573 825 3585 826 154 827 157 828 3600 829 158 830 3604 831 3638 832 3645 833 3647 834 3649 835 3652 836 3654 837 3656 838 3659 839 3663 840 3665 841 3667 842 3670 843 3674 844 3677 845 3681 846 3683 847 3685 848 3689 849 3691 850 3702 851 3704 852 3706 853 3710 854 3712 855 3743 856 3752 857 3755 858 3774 859 3776 860 3780 861 3783 862 3787 863 3792 864 3794 865 3797 866 3799 867 3815 868 3817 869 3819 870 3821 871 3824 872 3828 873 3832 874 3836 875 3838 876 3840 877 3842 878 3843 879 3846 880 3849 881 3851 882 3854 883 3856 884 3858 885 3860 886 3863 887 3865 888 3869 889 3875 890 3882 891 3884 892 3887 893 3893 894 3896 895 3898 896 3899 897 3907 898 3909 899 3910 900 3912 901 198 902 200 903 201 904 203 905 212 906 215 907 217 908 218 909 220 910 222 911 223 912 227 913 232 914 3933 915 234 916 235 917 242 918 243 919 251 920 252 921 253 922 254 923 3935 924 256 925 3938 926 3942 927 3944 928 3951 929 3954 930 3956 931 3959 932 3962 933 3964 934 3971 935 257 936 258 937 259 938 3987 939 3990 940 3992 941 3995 942 3999 943 4001 944 4004 945 4007 946 4010 947 4013 948 4015 949 4017 950 4023 951 4028 952 4033 953 4034 954 4039 955 4043 956 4045 957 4050 958 4053 959 4063 960 4067 961 4070 962 4075 963 4077 964 4079 965 4081 966 4083 967 4086 968 4091 969 4099 970 4101 971 4103 972 4105 973 4112 974 4114 975 4118 976 4121 977 4147 978 4151 979 4156 980 4160 981 4164 982 4178 983 4182 984 4190 985 4199 986 4202 987 4225 988 4240 989 4273 990 4280 991 4282 992 4286 993 4290 994 4296 995 4303 996 4307 997 4310 998 4314 999 4341 1000 4375 1001 4409 1002 261 1003 4445 1004 4449 1005 4451 1006 4453 1007 4458 1008 4461 1009 4463 1010 4466 1011 4468 1012 4470 1013 4472 1014 4477 1015 4479 1016 4481 1017 4483 1018 4484 1019 4488 1020 4493 1021 4498 1022 4515 1023 4549 1024 4582 1025 4598 1026 4601 1027 4603 1028 4613 1029 4617 1030 4620 1031 4622 1032 4625 1033 4627 1034 4631 1035 4633 1036 4641 1037 4648 1038 4656 1039 4658 1040 4670 1041 4685 1042 4687 1043 4690 1044 4692 1045 4698 1046 4704 1047 4706 1048 4710 1049 4714 1050 4718 1051 4720 1052 4723 1053 4726 1054 4729 1055 4735 1056 4740 1057 4744 1058 4746 1059 4748 1060 4751 1061 4753 1062 4755 1063 4757 1064 4761 1065 4763 1066 4766 1067 4768 1068 4770 1069 4772 1070 4775 1071 4778 1072 4781 1073 4808 1074 4810 1075 4812 1076 4814 1077 4817 1078 4819 1079 4822 1080 4824 1081 4827 1082 4856 1083 4859 1084 4861 1085 263 1086 264 1087 266 1088 267 1089 268 1090 269 1091 284 1092 286 1093 288 1094 291 1095 294 1096 296 1097 297 1098 298 1099 299 1100 301 1101 303 1102 306 1103 307 1104 308 1105 309 1106 310 1107 312 1108 313 1109 314 1110 316 1111 317 1112 318 1113 319 1114 320 1115 321 1116 323 1117 324 1118 325 1119 4864 1120 4866 1121 4869 1122 4872 1123 4877 1124 4878 1125 4880 1126 4884 1127 4886 1128 4894 1129 4898 1130 4900 1131 4903 1132 4906 1133 338 1134 343 1135 346 1136 347 1137 348 1138 352 1139 354 1140 358 1141 364 1142 365 1143 366 1144 367 1145 368 1146 370 1147 371 1148 373 1149 375 1150 376 1151 377 1152 379 1153 380 1154 383 1155 385 1156 387 1157 388 1158 389 1159 391 1160 393 1161 397 1162 399 1163 401 1164 403 1165 404 1166 408 1167 410 1168 412 1169 413 1170 415 1171 420 1172 424 1173 426 1174 461 1175 463 1176 464 1177 465 1178 466 1179 468 1180 470 1181 472 1182 474 1183 4923 1184 475 1185 477 1186 480 1187 4926 1188 482 1189 483 1190 485 1191 487 1192 489 1193 490 1194 530 1195 534 1196 535 1197 539 1198 540 1199 541 1200 543 1201 545 1202 547 1203 548 1204 549 1205 551 1206 552 1207 553 1208 554 1209 555 1210 556 1211 580 1212 582 1213 583 1214 585 1215 586 1216 591 1217 603 1218 612 1219 626 1220 630 1221 633 1222 636 1223 638 1224 639 1225 641 1226 647 1227 651 1228 660 1229 661 1230 667 1231 668 1232 670 1233 673 1234 676 1235 677 1236 685 1237 687 1238 688 1239 690 1240 691 1241 692 1242 693 1243 694 1244 696 1245 697 1246 698 1247 716 1248 717 1249 722 1250 725 1251 727 1252 738 1253 742 1254 743 1255 745 1256 746 1257 748 1258 750 1259 752 1260 760 1261 762 1262 763 1263 765 1264 766 1265 804 1266 821 1267 824 1268 835 1269 842 1270 848 1271 853 1272 854 1273 861 1274 864 1275 868 1276 871 1277 877 1278 879 1279 880 1280 881 1281 885 1282 886 1283 887 1284 892 1285 893 1286 895 1287 897 1288 901 1289 902 1290 903 1291 920 1292 923 1293 926 1294 928 1295 930 1296 931 1297 936 1298 937 1299 939 1300 945 1301 948 1302 950 1303 953 1304 958 1305 960 1306 964 1307 966 1308 983 1309 988 1310 989 1311 991 1312 999 1313 1003 1314 1016 1315 1063 1316 1065 1317 1067 1318 1068 1319 1070 1320 1246 1321 1248 1322 1249 1323 1250 1324 1251 1325 1252 1326 1287 1327 1290 1328 4947 1329 1336 1330 4953 1331 4961 1332 1338 1333 1340 1334 1343 1335 1351 1336 1354 1337 1355 1338 1357 1339 1359 1340 1363 1341 1368 1342 1369 1343 1372 1344 1373 1345 1377 1346 1380 1347 1389 1348 1390 1349 1393 1350 1395 1351 1404 1352 1405 1353 1408 1354 5013 1355 1409 1356 1412 1357 1415 1358 1417 1359 1418 1360 1419 1361 1431 1362 1432 1363 1435 1364 1437 1365 1443 1366 1448 1367 1449 1368 1451 1369 1458 1370 1460 1371 1463 1372 1465 1373 1467 1374 1469 1375 1476 1376 1479 1377 1482 1378 1483 1379 1488 1380 1490 1381 1494 1382 1496 1383 1499 1384 1504 1385 1515 1386 1518 1387 1519 1388 1530 1389 1535 1390 1537 1391 1539 1392 1540 1393 1541 1394 1547 1395 1550 1396 1555 1397 1556 1398 1561 1399 1562 1400 1566 1401 1568 1402 5023 1403 1581 1404 1589 1405 1605 1406 1607 1407 1616 1408 1624 1409 1627 1410 1629 1411 1631 1412 1632 1413 1635 1414 1636 1415 1657 1416 1659 1417 1670 1418 1679 1419 1692 1420 1694 1421 1714 1422 1715 1423 1718 1424 1720 1425 1732 1426 1734 1427 1735 1428 1737 1429 1742 1430 1748 1431 1750 1432 1756 1433 1757 1434 1760 1435 1761 1436 1763 1437 1775 1438 1778 1439 1797 1440 1799 1441 1829 1442 1834 1443 1837 1444 1844 1445 1845 1446 1847 1447 1848 1448 1856 1449 1857 1450 1859 1451 1865 1452 1866 1453 1868 1454 1890 1455 1893 1456 1900 1457 1908 1458 1911 1459 1913 1460 1918 1461 1921 1462 1923 1463 1934 1464 1936 1465 1939 1466 1944 1467 1945 1468 1948 1469 1951 1470 1954 1471 1957 1472 1958 1473 1960 1474 1965 1475 1979 1476 1982 1477 1984 1478 1988 1479 1991 1480 1996 1481 5028 1482 1998 1483 2072 RESOLUTIONS BY NUMBERS, PAGE REFERENCES Res. Act No. Page 43 172 44 174 45 176 46 179 47 181 48 184 49 187 50 190 51 191 52 192 53 193 54 196 55 326 56 328 57 329 58 334 59 335 60 337 61 2096 62 767 63 768 64 769 65 770 66 771 67 774 68 2098 69 776 70 777 71 778 72 783 73 784 74 787 75 789 76 791 77 792 78 793 79 794 80 797 81 798 82 801 83 803 84 1470 85 1473 86 2100 87 2071 88 2104 89 2106 90 2108 91 2110 92 2112 93 2114 94 2116 95 2119 96 2121 97 2125 98 2126

Page xiii

BILLS AND RESOLUTIONSACT NUMBER REFERENCES House Bill Act No. Page No. 24 1332 1338 34 1185 477 71 1186 480 106 1375 1476 157 1376 1479 159 1333 1340 172 1398 1561 216 901 198 218 1477 1984 228 1230 667 254 1311 991 278 1245 697 303 902 200 305 903 201 308 1334 1343 311 1231 668 312 904 203 337 1401 1568 356 1133 338 357 1134 343 358 1377 1482 382 1135 346 430 1246 698 435 1266 821 443 1085 263 458 1312 999 480 1278 879 482 1279 880 503 1438 1778 507 1378 1483 516 905 212 598 1136 347 615 1448 1856 636 1137 348 652 818 30 669 1399 1562 670 1280 881 704 1443 1837 718 1400 1566 719 1138 352 733 1402 5023 751 819 31 768 1232 670 775 1139 354 776 1140 358 778 804 2 816 1247 716 841 1464 1936 862 906 215 878 1313 1003 896 1086 264 912 1141 364 924 1314 1016 995 994 4296 1025 1281 885 1030 1379 1488 1035 1233 673 1046 1380 1490 1071 1335 1351 1089 848 3689 1102 1244 696 1123 1142 365 1139 1143 366 1151 1465 1939 1153 956 4045 1156 1187 4926 1157 849 3691 1160 1403 1581 1162 1381 1494 1163 1144 367 1169 821 34 1183 800 1 1184 851 3704 1186 801 3501 1188 808 3535 1189 1336 1354 1192 1234 676 1193 1442 1834 1194 802 3510 1195 Vetoed 1196 1091 284 1200 1145 368 1201 1315 1063 1202 1092 286 1203 1316 1065 1205 850 3702 1206 852 3706 1209 1404 1589 1211 807 3529 1212 1264 766 1213 1317 1067 1216 1405 1605 1217 1337 1355 1218 1282 886 1220 938 3987 1221 1439 1797 1223 809 7 1226 815 11 1228 1318 1068 1229 816 13 1234 1478 1988 1235 1338 1357 1236 976 4121 1237 1188 482 1238 1445 1845 1239 1093 288 1240 1382 1496 1241 1189 483 1242 853 3710 1243 1190 485 1244 1146 370 1247 1444 1844 1250 1339 1359 1251 1147 371 1260 1094 291 1261 1087 266 1263 1383 1499 1266 1148 373 1267 823 68 1268 1235 677 1272 1319 1070 1273 1267 824 1275 803 3515 1276 814 9 1277 1482 1998 1278 1191 487 1279 1436 1763 1280 1340 1363 1281 1440 1799 1282 1406 1607 1284 1320 1246 1285 1283 887 1286 854 3712 1292 Vetoed 1294 1341 1368 1297 1466 1944 1298 1192 489 1300 856 3752 1301 1149 375 1302 1342 1369 1303 1236 685 1304 1384 1504 1305 1150 376 1306 907 217 1307 1151 377 1310 1265 804 1321 1152 379 1322 1343 1372 1323 855 3743 1324 1193 490 1325 937 259 1326 1095 294 1328 1153 380 1333 1002 261 1334 1237 687 1335 1154 383 1336 1344 1373 1337 1155 385 1339 1248 717 1341 857 3755 1342 826 154 1345 1096 296 1347 908 218 1348 1385 1515 1349 1194 530 1350 1249 722 1351 1156 387 1352 1407 1616 1355 1408 1624 1357 1409 1627 1359 825 3585 1361 1410 1629 1362 1411 1631 1363 1467 1945 1364 1412 1632 1365 1413 1635 1366 1414 1636 1370 1415 1657 1371 1276 871 1377 1386 1518 1378 812 3546 1379 858 3774 1382 1284 892 1385 1238 688 1391 1088 267 1392 1089 268 1394 1239 690 1399 1321 1248 1400 1322 1249 1401 1329 1336 1402 1090 269 1403 1325 1252 1404 1218 612 1405 1416 1659 1406 1323 1250 1407 1324 1251 1409 806 3527 1410 805 3523 1411 1417 1670 1413 1345 1377 1414 1097 297 1415 1184 475 1416 1195 534 1417 1346 1380 1418 1347 1389 1419 1348 1390 1420 1349 1393 1421 860 3780 1422 1479 1991 1425 1098 298 1427 935 257 1429 1285 893 1431 1099 299 1434 1274 864 1435 1250 725 1436 1100 301 1437 1418 1679 1438 1196 535 1441 1268 835 1442 1197 539 1443 1198 540 1444 1101 303 1446 1102 306 1449 1273 861 1450 1326 1287 1451 1350 1395 1454 1103 307 1455 1351 1404 1456 1157 388 1459 859 3776 1460 1199 541 1464 1286 895 1465 909 220 1466 832 3645 1467 1287 897 1469 1104 308 1470 1240 691 1471 1468 1948 1472 1200 543 1474 813 3550 1475 1158 389 1476 1469 1951 1477 955 4043 1478 977 4147 1479 1159 391 1481 957 4050 1483 1201 545 1488 1441 1829 1489 1241 692 1490 1387 1519 1491 1160 393 1492 1242 693 1493 1161 397 1494 1449 1857 1495 1419 1692 1496 1352 1405 1497 1162 399 1499 1288 901 1501 1388 1530 1502 1289 902 1503 1105 309 1504 985 4199 1505 954 4039 1509 1353 1408 1510 833 3647 1511 953 4034 1512 1163 401 1513 1354 5013 1518 1355 1409 1519 1106 310 1523 1107 312 1526 952 4033 1527 1389 1535 1528 1202 547 1529 1450 1859 1530 1203 548 1531 1204 549 1532 834 3649 1533 978 4151 1535 1451 1865 1536 1164 403 1538 1165 404 1539 1356 1412 1540 1205 551 1543 1420 1694 1545 1166 408 1546 1421 1714 1550 1470 1954 1551 836 3654 1552 984 4190 1554 1452 1866 1555 835 3652 1556 838 3659 1557 1422 1715 1558 910 222 1559 1108 313 1560 810 3540 1563 1251 727 1565 1453 1868 1566 1327 1290 1567 1310 989 1569 837 3656 1570 1454 1890 1571 829 158 1573 869 3819 1574 839 3663 1576 1109 314 1577 1110 316 1584 840 3665 1585 868 3817 1589 1111 317 1590 1390 1537 1594 1112 318 1595 817 3567 1596 1167 410 1597 1269 842 1598 1168 412 1602 867 3815 1605 1423 1718 1609 866 3799 1611 1206 552 1612 1424 1720 1616 951 4028 1617 950 4023 1618 1357 1415 1619 1207 553 1622 1113 319 1623 1169 413 1625 820 3569 1626 1208 554 1627 1425 1732 1629 1170 415 1631 827 157 1633 979 4156 1634 981 4164 1635 1114 320 1637 934 3971 1638 1358 1417 1639 936 258 1646 980 4160 1647 1359 1418 1650 1360 1419 1651 865 3797 1652 841 3667 1653 842 3670 1654 843 3674 1657 1426 1734 1658 949 4017 1659 844 3677 1660 1455 1893 1662 1243 694 1664 947 4013 1666 864 3794 1670 911 223 1671 1456 1900 1672 989 4273 1674 1471 1957 1675 1209 555 1676 933 3964 1677 845 3681 1678 1361 1431 1680 846 3683 1682 847 3685 1683 870 3821 1684 871 3824 1685 872 3828 1686 1023 4549 1687 863 3792 1688 1024 4582 1689 Vetoed 1691 1210 556 1692 1115 321 1694 1116 323 1695 873 3832 1697 948 4015 1698 874 3836 1700 Vetoed 1701 1211 580 1703 946 4010 1705 944 4004 1706 875 3838 1707 1391 1539 1708 988 4240 1709 824 3573 1710 876 3840 1711 945 4007 1712 877 3842 1713 878 3843 1714 1427 1735 1718 879 3846 1719 942 3999 1720 880 3849 1721 974 4114 1722 881 3851 1723 882 3854 1724 1117 324 1725 883 3856 1726 884 3858 1731 1362 1432 1734 969 4099 1735 972 4105 1736 941 3995 1737 975 4118 1739 973 4112 1741 967 4086 1742 970 4101 1743 1212 582 1744 959 4063 1745 971 4103 1746 1025 4598 1747 1392 1540 1748 1393 1541 1749 968 4091 1751 885 3860 1752 1213 583 1757 886 3863 1758 962 4075 1759 963 4077 1760 964 4079 1761 887 3865 1762 932 3962 1766 1026 4601 1767 1027 4603 1768 1428 1737 1769 912 227 1771 931 3959 1775 983 4182 1778 990 4280 1779 1429 1742 1780 1028 4613 1781 1457 1908 1782 828 3600 1783 991 4282 1784 861 3783 1785 1430 1748 1788 1029 4617 1789 1030 4620 1791 966 4083 1792 1031 4622 1793 1032 4625 1794 1363 1435 1795 1033 4627 1796 1034 4631 1797 1214 585 1799 1035 4633 1800 1036 4641 1801 1037 4648 1803 987 4225 1805 930 3956 1806 1118 325 1807 939 3990 1809 929 3954 1810 986 4202 1811 1001 4409 1812 1038 4656 1814 928 3951 1815 1039 4658 1816 1040 4670 1818 1041 4685 1819 Vetoed 1820 1042 4687 1821 1043 4690 1822 1044 4692 1823 1045 4698 1824 1046 4704 1826 1047 4706 1827 1048 4710 1828 1049 4714 1829 1051 4720 1830 1052 4723 1831 993 4290 1832 1050 4718 1833 960 4067 1834 999 4341 1835 1000 4375 1836 1053 4726 1837 1054 4729 1838 831 3638 1841 1055 4735 1842 1056 4740 1844 1057 4744 1845 862 3787 1847 1058 4746 1848 913 232 1849 1328 4947 1850 998 4314 1851 1483 2072 1852 1059 4748 1853 1060 4751 1855 1061 4753 1856 1062 4755 1857 1063 4757 1858 1064 4761 1859 1065 4763 1860 1066 4766 1861 996 4307 1862 1067 4768 1863 1068 4770 1864 1069 4772 1865 997 4310 1866 1330 4953 1867 995 4303 1872 1394 1547 1873 1070 4775 1874 1071 4778 1879 982 4178 1880 1072 4781 1882 927 3944 1883 1073 4808 1884 1074 4810 1885 965 4081 1886 1075 4812 1887 943 4001 1888 940 3992 1889 1076 4814 1890 1077 4817 1891 1078 4819 1892 1079 4822 1894 992 4286 1895 961 4070 1899 1331 4961 1900 914 3933 1901 1080 4824 1902 1022 4515 1903 1081 4827 1904 1082 4856 1905 1018 4484 1906 1017 4483 1907 1016 4481 1908 1083 4859 1909 1019 4488 1910 1084 4861 1911 1014 4477 1912 1015 4479 1913 925 3938 1914 926 3942 1916 958 4053 1917 1020 4493 1918 1013 4472 1920 1021 4498 1922 1481 5028 House Resolution Resolution Act No. Page No. 16 88 2104 282 55 326 372 43 172 547 62 767 549 63 768 551 64 769 552 89 2106 573 65 770 577 56 328 578 47 181 579 66 771 581 57 329 585 67 774 587 68 2098 588 69 776 590 70 777 591 71 778 620 58 334 621 72 783 626 90 2108 627 85 1473 631 83 803 653 46 179 659 91 2110 664 87 2071 696 44 174 702 73 784 707 74 787 708 59 335 720 75 789 725 76 791 747 77 792 749 78 793 756 79 794 792 92 2112 794 80 797 799 81 798 811 45 176 877 82 801 Senate Bill Act No. Page No. 7 1219 626 15 1220 630 28 1252 738 73 1290 903 87 1291 920 98 1253 742 99 1472 1958 100 1364 1437 109 1171 420 128 1221 633 129 1222 636 197 1172 424 221 1223 638 245 1132 4906 248 1292 923 318 1475 1979 334 915 234 352 1275 868 359 1277 877 367 1365 1443 394 916 235 402 1293 926 404 1294 928 405 1224 639 407 1225 641 408 1295 930 409 1215 586 411 1254 743 412 1255 745 413 1256 746 414 1226 647 417 1476 1982 418 830 3604 419 1173 426 423 1227 651 424 Vetoed 430 917 242 431 1216 591 432 1174 461 434 1458 1911 435 918 243 437 1459 1913 438 1473 1960 440 1257 748 441 1258 750 442 1431 1750 445 890 3882 449 1271 853 453 919 251 458 1272 854 462 1460 1918 463 1296 931 470 1175 463 471 920 252 472 1366 1448 473 1297 936 475 822 38 476 1176 464 479 1395 1550 484 1177 465 485 1367 1449 490 1298 937 491 1299 939 492 921 253 495 1228 660 502 922 254 503 1300 945 504 923 3935 506 891 3884 507 897 3907 508 1259 752 510 1432 1756 511 1260 760 516 Vetoed 518 1301 948 527 1433 1757 533 1178 466 535 811 3543 536 1368 1451 537 1461 1921 544 1302 950 546 924 256 547 1179 468 550 1303 953 556 1261 762 558 1369 1458 561 1304 958 562 1180 470 564 1217 603 565 1010 4466 566 896 3899 570 1437 1775 573 1462 1923 574 1370 1460 577 1371 1463 578 1396 1555 582 1372 1465 586 1181 472 588 1447 1848 589 1373 1467 590 1119 4864 594 1270 848 597 1463 1934 599 1262 763 601 1434 1760 603 888 3869 604 1305 960 607 898 3909 608 1397 1556 615 1306 964 616 1011 4468 618 Vetoed 621 1229 661 623 899 3910 624 889 3875 625 1263 765 630 1446 1847 631 1012 4470 635 1307 966 638 Vetoed 639 900 3912 640 1182 474 641 1435 1761 645 892 3887 647 1374 1469 648 1308 983 649 1480 1996 651 1309 988 652 893 3893 653 1120 4866 655 1121 4869 656 1183 4923 657 1003 4445 659 894 3896 660 895 3898 661 1122 4872 666 1009 4463 667 1474 1965 669 1123 4877 670 1124 4878 671 1008 4461 672 1007 4458 674 1125 4880 675 1006 4453 677 1126 4884 678 1127 4886 679 1128 4894 680 1004 4449 681 1129 4898 682 1130 4900 684 1005 4451 688 1131 4903 Senate Resolution Resolution Act No. Page No. 7 93 2114 163 60 337 245 52 192 247 94 2116 265 95 2119 267 96 2121 270 86 2100 274 61 2096 277 48 184 278 53 193 282 49 187 300 84 1470 347 97 2125 350 98 2126 356 50 190 367 54 196 376 51 191

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1988 APPROPRIATIONSDEPARTMENT OF MEDICAL ASSISTANCE; SUPPLEMENTAL FOR S.F.Y. 1987-88. No. 800 (House Bill No. 1183). AN ACT To provide supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to State Fiscal Year 1987; 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 sums of money hereinafter provided are hereby appropriated as supplementary appropriations to the Department of Medical Assistance for the remainder of the State Fiscal Year ending June 30, 1988, for the payment of provider claims chargeable to State Fiscal Year 1987 and are in addition to any other appropriations heretofore or hereafter made.

Page 2

Budget Unit: Department of Medical Assistance Medicaid Benefits $ 27,654,867 Total Funds Budgeted $ 27,654,867 Federal Funds Budgeted $ 17,654,867 State Funds Budgeted $ 10,000,000 Section 2 TOTAL STATE FUND APPROPRIATION STATE FISCAL YEAR 1988.....$ 10,000,000 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 January 25, 1988. AD VALOREM TAXESHOMESTEAD EXEMPTIONS FOR INDIVIDUALS OVER CERTAIN AGES; REFERENDUM. Code Sections 48-5-47 and 48-5-52 Amended. No. 804 (House Bill No. 778). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to change the income qualifications for certain homestead exemptions for individuals over certain ages; to provide for a referendum and for effectiveness conditioned upon referendum approval; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3

Section 1 . Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended by striking Code Section 48-5-47, relating to homestead exemptions for individuals who are 65 years of age or over and who meet certain income qualifications, and inserting in its place a new Code section to read as follows: 48-5-47. (a) Article VII, Section II, Paragraph IV of the Constitution of the State of Georgia ratified in 1982 continued in effect as statutory law, until otherwise provided for by law, those types of exemptions from ad valorem taxation in effect on June 30, 1983. One such exemption is the homestead exemption granted to certain individuals 65 years of age or over by the seventh unnumbered subparagraph of Article VII, Section I, Paragraph IV of the Constitution of 1976. Pursuant to said provision of the Constitution ratified in 1982, the homestead exemption formerly granted by said provision of the Constitution of 1976 is superseded and modified as provided in subsection (b) of this Code section. (b) Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $10,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this subsection, net income shall not include income received as retirement, survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this subsection. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the

Page 4

amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has once been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this subsection. (c) The application for the homestead exemption of individuals 65 years of age or older provided for by subsection (b) of this Code section shall be in the form prescribed by the commissioner. The application shall require the applicant's social security number. The tax commissioner or tax receiver shall be authorized to have the statement of income of any claimant verified by the department upon sending the social security number of a claimant to the department. Section 2 . Said part is further amended in Code Section 48-5-52, relating to homestead exemptions from school district ad valorem taxation for residents who are 62 years of age or over and who meet certain income qualifications, by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) of Code Section 48-5-52 to read as follows: (a) The homestead of each resident of each independent school district and of each county school district within this state who is 62 years of age or over and who, for the purposes of all tax years beginning on or after January 1, 1988, has a gross income from all sources, including the income of all members of the family residing within the homestead, not

Page 5

exceeding $10,000.00 per annum, is exempted from all ad valorem taxes for educational purposes levied by, for, or on behalf of any such school system, including taxes to retire school bond indebtedness. The exemption shall not exceed $10,000.00 of the homestead's assessed value. (b) (1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the: (A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of income received by the owner from all sources during the immediately preceding calendar year; (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information

Page 6

contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section. Section 3 . 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 1988 presidential preference primary. 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: (1) increases from $8,000.00 to $10,000.00 the maximum amount of gross annual income which a person 62 years of age or over may receive in order to be eligible for an increased homestead exemption from ad valorem school taxes; and (2) increases from $8,000.00 to $10,000.00 the maximum amount of income (exclusive of certain retirement, pension, and disability income) which a person 65 years of age or over may receive in order to be eligible for an increased exemption from ad valorem taxes? 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 Sections 1 and 2 of this Act shall become effective immediately. If a taxpayer

Page 7

files a proper affidavit on or before the last day for filing his or her tax return in 1988, then Sections 1 and 2 of this Act shall apply with respect to such taxpayer's 1988 and future ad valorem taxes; and otherwise Sections 1 and 2 of this Act shall apply to any taxpayer who has so filed a timely affidavit at any time thereafter. Nothing in this Act shall require any person who qualified for any homestead exemption under prior law to reapply in order to be allowed the exemption. Section 4 . Notwithstanding any other contrary provision of this Act, if for any reason the special election called for by this Act cannot lawfully be held on the date of and in conjunction with the March, 1988, presidential preference primary, then such special election shall be held on the date of and in conjunction with the November, 1988, general election and the provisions of Sections 1 and 2 of this Act shall become effective, if approved by the voters, on January 1, 1989. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved February 2, 1988. STATE GOVERNMENTGEORGIA LAWS; EDITORIAL, COMPILATION, AND INDEXING SERVICES. Code Sections 28-4-3 and 45-13-22 Amended. No. 809 (House Bill No. 1223). AN ACT To amend Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, so as to authorize the legislative counsel to provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State; to amend Article 2 of Chapter 13 of

Page 8

Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, so as to change provisions relating to the duty of the Secretary of State to employ a person or persons to compile the Acts and resolutions of the General Assembly of Georgia; to provide for services by the legislative counsel; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 28-4-3 of the Official Code of Georgia Annotated, relating to the Office of Legislative Counsel, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) The legislative counsel is authorized to: (1) Provide for statutory and Code revision, render opinions, assist standing and interim committees, and perform similar legislative functions; (2) Perform research, issue reports, and make recommendations as a result thereof; (3) Exchange information, data, and material with similar agencies in other states; (4) Provide legal services for the legislative branch of government and, with the approval of the committee or the chairman, to represent the interests of the legislative branch in matters involving litigation; (5) With the approval of the committee, provide for advisory committees relative to statutory and Code revision. He is authorized to seek the advice and assistance of the State Bar of Georgia, law schools, and individuals and organizations knowledgeable in this field; and (6) Provide compilation, editorial, and indexing services in connection with the publication of the Acts and resolutions of the General Assembly of Georgia by the Secretary of State.

Page 9

Section 2 . Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Secretary of State, is amended by striking Code Section 45-13-22, relating to the duty of the Secretary of State to employ a person or persons to compile the Acts and resolutions of the General Assembly of Georgia, and inserting in its place a new Code section to read as follows: 45-13-22. It shall be the duty of the Secretary of State to employ a competent person or persons to compile, index, and edit the Acts and resolutions of the General Assembly of Georgia. The Secretary of State and the legislative counsel may agree for such compilation, editorial, and indexing services to be provided to the Secretary of State by the legislative counsel in such manner as may be mutually agreed upon by the Secretary of State and the legislative counsel. 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 5, 1988. EDUCATIONSCHOOL YEAR; LENGTH. Code Section 20-2-168 Amended. No. 814 (House Bill No. 1276). AN ACT To amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the Quality Basic Education Act, so as to authorize local boards of education to vary the length of school years under certain circumstances; to provide for related matters; to provide for an automatic repeal; to provide

Page 10

an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and school year and fiscal year operations under the Quality Basic Education Act, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) (1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article shall provide each eligible student with access to no less than 180 school days of education each fiscal year. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, and shall define the length of the school day. (2) Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency, or when the Governor proclaims a state of emergency, or when, because of emergency, disaster, act of God, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state. (3) In the event that at the end of the last complete week of the school year four or fewer days remain for completion of the regular 180 day school year, a local board of education may, without the necessity of authorization from the state board, elect not to continue school into the following week if the additional days otherwise needed are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance,

Page 11

or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day of the last complete week of the school year otherwise provided for in this Code section. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection. (4) Each fiscal year shall begin on July 1 and end on June 30 of the following year. Section 2 . Effective July 1, 1990, paragraph (3) of subsection (c) of said Code Section 20-2-168 (as added by this Act) shall be repealed and paragraph (4) of subsection (c) of said Code section shall be renumbered as paragraph (3) of subsection (c). 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 12, 1988. CRIMES AND OFFENSESSEXUAL EXPLOITATION OF CHILDREN AND SEXUALLY EXPLICIT CONDUCT. Code Section 16-12-100 Amended. No. 815 (House Bill No. 1226). AN ACT To amend Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and sexually explicit conduct, so as to change the provisions relating to penalties; to correct typographical errors and a cross-reference;

Page 12

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 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and sexually explicit conduct, is amended by striking paragraph (1) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows: (1) It is unlawful for any person knowingly to employ, use, persuade, induce, entice, or coerce any minor to engage in or assist any other person to engage in any sexually explicit conduct for the purpose of producing any visual medium depicting such conduct. Section 2 . Said Code section is further amended by striking paragraph (3) of subsection (g) of said Code section and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 16, 1988.

Page 13

OFFICIAL CODE OF GEORGIA ANNOTATEDCORRECTIONS AND REENACTMENT. No. 816 (House Bill No. 1229). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, 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 . Reserved. Section 4 . Reserved. Section 5 . Reserved. Section 6 . Reserved. Section 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By deleting a between such and plan in subsection (e) of Code Section 7-1-293, relating to the conversion, merger, or consolidation of savings banks and savings and loan associations.

Page 14

(2) By striking paragraphs (10), (11), and (12) of Code Section 7-1-620, relating to definitions of regional interstate banking, and inserting in lieu thereof new paragraphs (10), (11), and (12) to read as follows: (10) `Southern Region bank' means a bank other than a Georgia bank organized under the laws of one of the Southern Region states or of the United States and, in either event, having banking offices only in the Southern Region states. (11) `Southern Region bank holding company' means a bank holding company that: (A) Has its principal place of business in a Southern Region state other than the State of Georgia; (B) Has total deposits of its Southern Region bank subsidiaries and Georgia bank subsidiaries exceeding 80 percent of the total deposits of all bank subsidiaries of such bank holding company other than those bank subsidiaries held under subsection (a) of Code Section 7-1-622; and (C) Is not controlled by a bank holding company other than a Southern Region bank holding company. (12) `Southern Region states' means the States of Alabama, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and the District of Columbia, which for the purposes of this chapter shall be considered a state. (3) By striking (12) and inserting in lieu thereof (11) in paragraph (1) of subsection (b) of Code Section 7-1-622, relating to acquisitions not expressly allowed by Code Section 7-1-621. (4) By striking which are and inserting in lieu thereof who are in paragraph (9) of Code Section 7-5-2, relating to definitions relative to The Credit Card and Credit Card Bank Act. Section 8 . Reserved. Section 9 . Reserved.

Page 15

Section 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking `promotional contest' and inserting in lieu thereof `promotional contest,' in paragraph (8) of subsection (a) of Code Section 10-1-392, relating to definitions of terms used in the Fair Business Practices Act of 1975. (2) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (D) of paragraph (16) of subsection (b) and by striking ; or and inserting in lieu thereof a period at the end of subparagraph (A) of paragraph (20) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions. Section 11 . Title 11 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, is amended as follows: (1) By striking the effective date of this subsection and inserting in lieu thereof March 26, 1986 in subsection (8) of Code Section 11-9-403, relating to what constitutes filing of a financing statement. Section 12 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking herein and inserting in lieu thereof in this article in subsection (e) of Code Section 12-8-141, relating to immunity for persons providing assistance or advice in mitigating the effect of hazardous materials discharges. Section 13 . Reserved. Section 14 . Reserved. Section 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking the effective date of this chapter and inserting in lieu thereof March 26, 1987, and by striking Judge's retirement, may at such and inserting in lieu thereof Judge's retirement may, at such in the third sentence of Code Section

Page 16

15-3A-2, relating to creation of the offices of Senior Appellate Court Justice and Senior Appellate Court Judge. (2) By striking Judiciary and Constitutional Law Committee and inserting in lieu thereof Special Judiciary Committee in subsection (d) of Code Section 15-5-21, relating to the power of the Judicial Council to promulgate rules relating to transcripts and court reporters' fees. (3) By striking Code Section 45-7-4 and inserting in lieu thereof Code Section 45-17-4 in paragraph (4) of subsection (c) of Code Section 15-6-77.3, relating to additional fees of clerks of the superior courts in all counties of this state having a population within the unincorporated areas thereof of 350,000 or more according to the United States decennial census of 1980 or any future such census. (4) By striking 15-6-77.2, and 15-6-77.3 and Code Section and inserting in lieu thereof 15-6-77.2, 15-6-77.3, and and by striking pursuant to this article and inserting in lieu thereof pursuant to this Code section in subsection (a) of Code Section 15-6-77.4, relating to additional fees in divorce cases for the Children's Trust Fund. (5) By striking pursuant to this article and inserting in lieu thereof pursuant to this Code section in subsection (a) of Code Section 15-9-60.1, relating to additional marriage license fees for the Children's Trust Fund. (6) By striking Code Section 16-9-20, may and inserting in lieu thereof Code Section 16-9-20 may in Code Section 15-10-201, relating to jury trials in prosecutions for issuance of bad checks. (7) By striking Personal Notification Act and inserting in lieu thereof Parental Notification Act. in Code Section 15-11-110, relating to the short title of the Parental Notification Act. (8) By striking council and inserting in lieu thereof counsel in subsection (a) of Code Section 15-11-114, relating to the conduct of hearings under the Parental Notification Act. (9) By striking grand jury list, so composed, is not and inserting in lieu thereof grand jury list, so comprised, is not

Page 17

in paragraph (2) of subsection (b) of Code Section 15-12-40, relating to compilation and revision of jury lists. Section 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking from which the sounds are derived and inserting in lieu thereof from which the sounds or visual images are derived in paragraph (2) of subsection (a) of Code Section 16-8-60, relating to reproduction of recorded material. (2) By striking As used in this Code section and inserting in lieu thereof As used in this Code section, the term in the introductory language of subsection (a) and by striking Internal Revenue Code of 1954 and inserting in lieu thereof Internal Revenue Code of 1986 in division (a)(2)(B)(iii) of Code Section 16-9-59, relating to operation of credit repair services organizations. 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 the department shall and inserting in lieu thereof the department, shall in the first sentence of Code Section 19-11-9.1, relating to the duty to furnish information about an obligor under the Child Support Recovery Act. (2) By striking Code Section 19-13-20, relating to definitions relating to family violence and family violence shelters and programs, and inserting in lieu thereof a new Code Section 19-13-20 to read as follows: 19-13-20. As used in this article, the term: (1) `Department' means the Department of Human Resources. (2) `Family or household members' means spouses, parents and children, or other persons related by consanguinity or affinity and occupying a common domicile.

Page 18

(3) `Family violence' means the occurrence of one of the following acts between family or household members who reside together: (A) Attempting to cause or causing bodily injury or serious bodily injury with or without a deadly weapon; or (B) By physical menace, placing another in fear of imminent serious bodily injury. (4) `Family violence program' means any program certified by the department which provides services to victims of family violence. A family violence program may be but is not required to be associated with a family violence shelter. (5) `Family violence shelter' means a facility certified by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-11-20. Section 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By redesignating the second subsection (c) of Code Section 20-2-2005, relating to certificates of authority of interlocal risk management agencies, as subsection (d). Section 21 . Reserved. Section 22 . Reserved. Section 23 . Reserved. Section 24 . Reserved. Section 25 . Reserved. Section 26 . Reserved.

Page 19

Section 27 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking Commercial fox hunting preserve and inserting in lieu thereof Commercial fox hunting preserve license in subparagraph ( I ) of paragraph (1) of Code Section 27-2-23, relating to license, permit, and stamp fees. Section 28 . Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By striking Judiciary and Constitutional Law and inserting in lieu thereof Special Judiciary in paragraph (3) of subsection (a) of Code Section 28-8-1, relating to the creation and membership of the Georgia Criminal Justice Improvement Council. Section 29 . Reserved. Section 30 . Reserved. Section 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking reports and inserting in lieu thereof report in subsection (f) of Code Section 31-6-70, relating to reports to be submitted to the Health Planning Agency by hospitals. (2) By striking made or on behalf of residents and inserting in lieu thereof made by or on behalf of residents in subsection (d) of Code Section 31-7-12, relating to the definition of the term Personal care home and licensure and registration of such facility. (3) By striking engages and inserting in lieu thereof engaging in subparagraph (C) of paragraph (3) of Code Section 31-7-131, relating to definitions relative to peer review groups. Section 32 . Reserved. Section 33 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows:

Page 20

(1) By striking subsection (a) of Code Section 33-3-25, relating to language simplification and reading ease standards of certain insurance policies, and inserting in its place a new subsection (a) to read as follows: (a) All homeowner's insurance policies, including tenant homeowner's insurance policies, personal automobile insurance policies, individual life or accident and sickness insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided by insurers to group life or accident and sickness insurance certificate holders which are issued, delivered, or issued for delivery in this state on or after July 1, 1988, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Commissioner of Insurance after due notice and hearing. (2) By striking paragraph (1) of subsection (b) of Code Section 33-8-8.1, relating to certain tax on life insurance companies, and inserting in its place a new paragraph (1) to read as follows: (1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity considerations; and (3) By striking same and inserting in its place such rate in paragraph (3) of Code Section 33-9-4, relating to standards applicable to making and use of rates. (4) By deleting the comma between insurance and which and between state and for in the introductory language preceding

Page 21

paragraph (1) of Code Section 33-9-39, relating to certain restrictions on motor vehicle insurance surcharges. (5) By striking approval and inserting in its place approval in subsection (b) of Code Section 33-14-6, relating to certain procedures for incorporation. (6) By striking supended and inserting in its place suspended in subsection (b) of Code Section 33-34-10.2, relating to effect of forfeiture of bail or collateral on mandatory suspension of drivers' licenses. (7) By striking between and inserting in its place among and by striking farmers, county and inserting in its place farmer assessment mutual insurers, county assessment mutual insurers in paragraph (5) of Code Section 33-36-3, relating to definitions regarding the insurers insolvency pool. (8) By striking occurred and inserting in its place occurred in paragraph (9) of Code Section 33-40-2, relating to definitions regarding risk retention groups. Section 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking as though the surety was and inserting in lieu thereof as though the surety were in paragraph (2) of subsection (d) of Code Section 34-8-123, relating to the execution and filing of cash deposit or surety bonds by organizations electing payments in lieu of contributions under the Employment Security Law. (2) By striking this phrase and inserting in lieu thereof this division in division (a)(2)(C)(ii) of Code Section 34-8-155, relating to definitions relative to extended benefits under the Employment Security Law. (3) By striking but is simply and inserting in lieu thereof but was simply in division (2)(B)(i) of Code Section 34-8-158, relating to grounds for disqualification for unemployment benefits. (4) By striking judge of the and inserting in lieu thereof judge or the in paragraph (1) of subsection (b) of Code Section

Page 22

34-9-108, relating to approval of attorney's fees by the Board of Workers' Compensation. (5) By striking through 34-11-17 and inserting in lieu thereof and 34-11-16 in subsection (b) of Code Section 34-11-7, relating to exceptions to the Boiler and Pressure Vessel Safety Act. (6) By striking issue to an inspectors and inserting in lieu thereof issue to any inspectors in subsection (a) and by striking provided for in Code Section 34-11-17 and inserting in lieu thereof as prescribed in rules and regulations promulgated by the Commissioner in subsection (c) of Code Section 34-11-10, relating to special inspectors authorized pursuant to the Boiler and Pressure Vessel Safety Act. (7) By striking vessels covered by owner or user inspection service and inserting in lieu thereof vessles covered by an owner or user inspection service in subsection (b) of Code Section 34-11-15, relating to filing and maintenance of a special investigations report. Section 35 . Reserved. Section 36 . Reserved. Section 37 . Reserved. 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 subsection (a) of Code Section 40-6-391 and inserting in lieu thereof subsection (c) of Code Section 40-6-391 in Code Section 40-6-291, relating to traffic laws applicable to bicycles. Section 41 . Reserved. Section 42 . Reserved.

Page 23

Section 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By inserting an between means and association and by striking and sole and inserting in its place or sole in paragraph (5) of Code Section 43-6-1, relating to definitions regarding auctioneers. (2) By striking Persons licensed as auctioneers and inserting in its place A person licensed as an auctioneer and by striking may, in and inserting in its place may, at in subsection (a) of Code Section 43-6-12, relating to auctioneer reciprocity. (3) By adding a comma between time and which in paragraph (2) and striking license and inserting in its place licensure in paragraph (3) of Code Section 43-7-12, relating to barbershop license requirements. (4) By adding county of between the and residence in subsection (n) of Code Section 43-11-47, relating to revocation and suspension of dentistry licenses. (5) By deleting (of, relating to, or supported by charity or alms), by inserting a comma between section and who, and by striking are and inserting in its place is in subparagraph (A) of paragraph (2) of Code Section 43-17-1, relating to definitions regarding professional fund raisers and solicitors. (6) By striking four and inserting in its place five in subsection (c) of Code Section 43-24-2, relating to creation of the State Board for the Certification of Librarians. (7) By striking polo contendere and inserting in its place nolo contendere in subsection (c) of Code Section 43-38-6, relating to private detective and security business licenses. (8) By striking photograph and inserting in its place photograph in subsection (d) of Code Section 43-38-7, relating to registration of certain employees. (9) By striking Code Section 43-38-11.1, relating to suspension of certain licenses and permits, and inserting in its place a new Code Section 43-38-11.1 to read as follows:

Page 24

43-38-11.1. (a) After proper notification, the board may suspend the license, registration, or weapons permit of any licensee, registrant, or weapons permit holder without a prior hearing as required in Code Section 43-38-11, provided that said licensee, registrant, or weapons permit holder is determined by the board to present a clear and present danger to the public safety on the grounds outlined in Code Section 43-38-11. (b) After proper notification the board may suspend without a prior hearing as required in Code Section 43-38-11 the license of any licensee pursuant to subsection (f) of Code Section 43-38-6 or the registration of any registrant pursuant to subsection (g) of Code Section 43-38-7 or the weapons permit of any weapons permit holder pursuant to subsection (j) of Code Section 43-38-10. (10) By striking their licenses are assigned. and inserting in its place its license is assigned. in subsections (b) and (c) of Code Section 43-40-10, relating to the granting of certain licenses. (11) By striking pathologists and inserting in its place pathologist in paragraph (4) of Code Section 43-44-3, relating to definitions regarding speech-language pathologists and audiologists. (12) By striking subsection (b) and inserting in its place subsection (a) in paragraph (7) of subsection (a) of Code Section 43-44-6, relating to general powers and duties of the State Board of Examiners for Speech-Language Pathology and Audiology. Section 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By deleting or between pits; and stone in subsection (a) of Code Section 44-1-14, relating to abandoned wells or holes. (2) By striking or between statement and the and inserting in its place a comma and by deleting the comma between land and or in subsection (b) of Code Section 44-3-8, relating to certain violations regarding sales of subdivided lands.

Page 25

(3) By striking Part 2 of Article 15 of Chapter 1 of Title 10, `The Fair Business Practices Act of 1975' and inserting in its place Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975' in paragraph (1) of subsection (b) and paragraph (1) of subsection (c) of Code Section 44-3-188, relating to offers of gifts or prizes. (4) By striking subsection and inserting in its place federal act in Code Section 44-14-517, relating to filing of certain liens. Section 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking Officers and inserting in its place Officers' in Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission. (2) By striking this office and inserting in lieu thereof his office in subsection (b) of Code Section 45-14-4, relating to compensation of the Commissioner of Insurance and employees of his office. (3) By inserting are between as and clerks and deleting are following courts in subsection (a) and by adding according to the United States decennial census of 1980 or any future such census following less twice and by striking simultaneously serve and inserting in its place serve simultaneously twice in subsection (c) of Code Section 45-16-1, relating to the election of coroners. (4) By striking . Provided, however, and inserting in its place ; provided, however, that in subsection (b) of Code Section 45-16-34, relating to the issuance of subpoenas by coroners. (5) By inserting a comma between Retardation and and in Code Section 45-18-5.2, relating to health insurance plans of sheltered employment center employees. (6) By striking Code Section 45-20-70, relating to authorization of certain employee assistance programs, which reads as follows:

Page 26

45-20-70. (a) The State Personnel Board is authorized in its discretion to establish an employee assistance program for employees of departments covered under the state merit system and to adopt and promulgate rules and regulations for its administration. (b) As used in this article, the term `employee assistance program' or `program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the employee's effective job performance., and inserting in its place two new Code sections, to be designated Code Sections 45-20-70 and 45-20-70.1, respectively, to read as follows: 45-20-70. As used in this article, the term `employee assistance program' or `program' means a service established to assist state employees in coping with and overcoming persistent problems that jeopardize the employee's effective job performance. 45-20-70.1 The State Personnel Board is authorized in its discretion to establish an employee assistance program for employees of departments covered under the state merit system and to adopt and promulgate rules and regulations for its administration. 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 apportioned between the several tax jurisdictions and inserting in lieu thereof apportioned among the several tax jurisdictions in subsection (b) of Code Section 48-2-18, relating to the State Board of Equalization and its duties. (2) By striking mortagee and inserting in lieu thereof mortgagee in subsection (c) and by striking As used in this subsection the term and inserting in lieu thereof As used in this subsection, the term in paragraph (2) of subsection (g) of

Page 27

Code Section 48-2-56, relating to liens for taxes and priority thereof. (3) By striking tax due exceeds the reasonable cost and inserting in lieu thereof tax due does not exceed the reasonable cost in subsection (a) of Code Section 48-5-42.1, relating to the personal property tax exemption for property valued at $500.00 or less. (4) By striking paragraphs (14) and (15) of Code Section 48-6-22, relating to exemptions from intangible taxation, and inserting in lieu thereof new paragraphs (14) and (15) to read as follows: (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state; and (5) By striking paragraph (11) and inserting in lieu thereof paragraph (10) in subsection (e) of Code Section 48-6-93, relating to local business license taxes for depository financial institutions. (6) By striking net operating loss and inserting in lieu thereof net operating losses in the first sentence of paragraph (3) of subsection (b) and by striking involving and inserting in lieu thereof involving in paragraph (7) of subsection (b) and by striking subracted and inserting in lieu thereof subtracted in subparagraph (b)(8)(A) of Code Section 48-7-21, relating to income taxation of corporations. (7) By striking (A) The commissioner may revoke and inserting in lieu thereof (2) (A) The commissioner may revoke in subsection (b) of Code Section 48-7-25, relating to corporations and organizations exempt from income taxation. Section 49 . Reserved.

Page 28

Section 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking herein and inserting in lieu thereof in this subsection in subsection (d) of Code Section 50-8-99.1, relating to the authority of metropolitan area planning and development commissions to be contracting agents for certain local governments. (2) By striking herein and inserting in lieu thereof in this subsection in paragraph (3) of subsection (c) of Code Section 50-17-24, relating to authority of the state, through action of the Georgia State Financing and Investment Commission, to incur public debt. (3) By striking information have not been and inserting in lieu thereof information has not been in subsection (c) of Code Section 50-18-72, relating to applicability of the laws relating to inspection of public records. Section 51 . Reserved. 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 (defined and inserting in its place (as defined in the introductory language preceding paragraph (1) and by striking (as defined Section 4947 and inserting in its place (as defined in Section 4947 in the undesignated ending paragraph of Code Section 53-12-124, relating to automatic amendment of certain trust instruments. 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 1987 supplement to the Official Code of Georgia Annotated published under authority of the

Page 29

state in 1987 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 1988 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. Section 55 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 56 . All laws and parts of laws in conflict with this Act are repealed. Approved February 16, 1988.

Page 30

MOTOR VEHICLES AND TRAFFICSPEED LIMITS ON INTERSTATE HIGHWAYS. Code Section 40-6-181 Amended. No. 818 (House Bill No. 652). AN ACT To amend Code Section 40-6-181, relating to maximum speed limits, so as to increase the maximum speed limits on certain interstate highways; 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 40-6-181, relating to maximum speed limits, is amended by striking subsection (b) of Code Section 40-6-181, relating to maximum motor vehicle speed limits, which reads as follows: (b) No person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residential districts; (2) Fifty-five miles per hour in other locations; and (3) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed., and inserting in lieu thereof a new subsection (b) to read as follows: (b) No person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residential district;

Page 31

(2) Forty miles per hour in any location which is within or adjacent to a construction or maintenance area when a sign prescribing that maximum vehicle speed limit is displayed; (3) Sixty-five miles per hour on a highway on the federal interstate system which is outside of an urbanized area of 50,000 population or more; and (4) Fifty-five miles per hour in other locations. 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, 1988. MOTOR VEHICLES AND TRAFFICSEAT SAFETY BELTS. Code Section 40-8-76.1 Enacted. No. 819 (House Bill No. 751). AN ACT To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, so as to require certain persons in certain vehicles to use seat safety belts; to provide a definition; to provide exceptions; to provide that a failure to use seat safety belts may not be introduced in evidence in any civil action and may not be used to diminish recovery of damages and shall not be a basis for cancellation of insurance coverage or an increase in insurance rates; to provide a limitation on the enforcement of the requirement to use seat safety belts; to provide that the failure to use a seat safety belt shall not under certain circumstances

Page 32

be a crime; to provide for a warning and for encouraging the use of a seat safety belt; 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 . Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to certain required equipment on vehicles, is amended by adding immediately following Code Section 40-8-76 a new Code Section 40-8-76.1 to read as follows: 40-8-76.1. (a) As used in this Code section, the term `passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean motorcycles, motor driven cycles, vehicles mounted on a truck chassis, or vehicles equipped for off-road use. (b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. (c) The requirement of subsection (b) of this Code section shall not apply to: (1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour; (2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt;

Page 33

(4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; (8) A passenger vehicle from which a person is delivering newspapers; or (9) A passenger vehicle performing an emergency service. (d) Failure to wear a seat safety belt in violation of this Code section shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle. (e) (1) Except as otherwise provided in paragraph (2) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance and shall not be issued a citation for violation of any provision of this title or any ordinance enacted pursuant thereto. Such person shall be warned that the failure to use a seat safety belt is dangerous to the person's safety and such person shall be encouraged to comply with the provisions of this Code section. (2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating Code Section 40-6-181, Code Section 40-6-186, Code Section 40-6-271, Code Section 40-6-390,

Page 34

Code Section 40-6-391, Code Section 40-6-393, Code Section 40-6-394, or Code Section 40-6-395 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety. Section 2 . This Act shall become effective September 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 19, 1988. OPTOMETRISTSPHARMACEUTICAL AGENTS; USE; STANDARDS OF CARE; IMMUNITY; LISTS; CONTINUING EDUCATION. Code Sections 43-30-1, 43-30-8, and 43-30-13 Amended. No. 821 (House Bill No. 1169). AN ACT To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to change the provisions relating to definitions; to authorize the use of pharmaceutical agents for certain treatment and diagnostic purposes by optomertrists and provide for qualifications, conditions, procedures, and standards of care relating thereto; to provide for criminal penalties; to provide for civil and criminal immunity of pharmacists regarding the use by optometrists of certain pharmaceutical agents; to provide for lists of pharmaceutical agents; to change certain provisions relating to continuing education requirements and statutory construction; to repeal conflicting laws; and for other purposes.

Page 35

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by striking paragraph (2) of Code Section 43-30-1, relating to definitions affecting optometrists, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) (A) `Optometry' means the art and science of visual care and is declared to be a learned profession. The practice of optometry consists of the diagnosis and interpretation of the visual behavior of the human organism by the employment of any means other than the use of drugs, medicine, or surgery. The practice of optometry further consists of the correction of visual anomalies through the prescribing, employment, and use of lenses, prisms, frames, mountings, contact lenses, orthoptic exercises, and visual training, light frequencies, and any other means or methods for the relief, correction, or remedy of any insufficiencies or abnormal conditions of the human visual organism, other than the use of drugs, medicine, or surgery. Nothing in this chapter shall prohibit the use, administration, or prescription of pharmaceutical agents topically applied to the eye for diagnostic purposes and treatment of ocular disease in the practice of optometry by optometrists who have received pharmacological training and certification from a property accredited institution of higher learning and who are certified by the board to use pharmaceutical agents for diagnostic and treatment purposes. Only a doctor of optometry who is already certified for using pharmaceutical agents for diagnostic purposes and who has passed or passes an examination approved by the board which tests knowledge of pharmacology for treatment and management of ocular diseases shall be certified to use pharmaceutical agents for treatment purposes. (B) The board shall establish by rule a list, which may be modified from time to time, of topically applied pharmaceutical agents which optometrists shall be allowed to use for treatment purposes. (C) A doctor of optometry shall not administer or prescribe any pharmaceutical agent:

Page 36

(i) For the purpose of treating glaucoma, including but not limited to any topically applied pharmaceutical agent otherwise valid for use under this chapter; or (ii) Which is administered orally or by injection. (D) Doctors of optometry using pharmaceutical agents for treatment purposes shall be held to the same standard of care imposed by Code Section 51-1-27 as would be applied to a physician licensed under Chapter 34 of this title performing similar acts. (E) Any doctor of optometry who uses a pharmaceutical agent, except under the conditions specified therefor by this chapter and any other law, shall be guilty of a misdemeanor unless a greater penalty is otherwise provided by law. Section 2 . Said chapter is further amended by striking subsection (b) of Code Section 43-30-8, relating to biennial registration and continuing education, and substituting in lieu thereof a new subsection (b) to read as follows: (b) The board may approve educational programs to be held within or outside this state. The board shall approve only such educational programs as are available to all persons practicing optometry in the state on a reasonable nondiscriminatory fee basis. Any request for board approval of an educational program shall be submitted in a timely manner with due regard for the necessity of investigation and consideration by the board. The board may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of programs that meet this requirement; and such programs shall be self-sustaining by the individual fees set and collected by the provider of the program. The minimum number of hours of continuing education required shall be fixed by the board by February 1 of each calendar year. In no instance may the board require a greater number of hours of study than are available at approved courses held within the state; and the board is authorized to waive this requirement in cases of certified illness or undue hardship. Continuing education requirements fixed

Page 37

by the board pursuant to this chapter shall not apply to persons practicing optometry who are 65 or more years of age. Section 3 . Said chapter is further amended by striking Code Section 43-30-13, relating to construction of statutes affecting optometrists, in its entirety and substituting in lieu thereof a new Code Section 43-30-13 to read as follows: 43-30-13. (a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of `M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26. (b) Nothing in this chapter shall be construed to imply liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription presented by a patient pursuant to this chapter. The pharmacist shall presume that the prescription was issued by a duly licensed optometrist under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribe by the optometrist is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved February 24, 1988.

Page 38

DEPARTMENT OF COMMUNITY AFFAIRSCONTINUATION; GENERAL PROVISIONS; POWERS; DUTIES; BOARD; EMPLOYEES. Code Title 50, Chapter 8, Article 1 Revised. No. 822 (Senate Bill No. 475). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to revise the general provisions relative to the Department of Community Affairs; to provide for the continuation of the department; to provide definitions of terms; to specify purposes of the department; to provide for the Board of Community Affairs; to provide for the commissioner of the department; to provide for the structure of the department; to provide duties and powers of the department, including planning and technical assistance, information gathering and distributing, serving as a liaison, making funds available to local governments and other eligible recipients, making contracts, and coordinating with other governmental agencies; to provide for advisory councils; to provide for agencies and authorities assigned to the department for administrative purposes; to provide for the transfer of personnel and contracts from the building administrative board; to provide for the Bureau of Community Affairs employees and for the continuation of certain contracts; 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 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety Article 1 which reads as follows: ARTICLE 1 50-8-1. There is established the Department of Community Affairs in response to the need of the state to fulfill more

Page 39

effectively its responsibilities to local governments and communities. The department shall serve to promote and protect the institution of general purpose local government in the state and shall serve as the Governor's representative to local communities on a routine basis on the request of, or on direction from, the Governor in matters affecting social, economic, human, or intergovernmental relations and, in this capacity, shall provide mediation, consultation, and fact-finding services. 50-8-2. (a) The Governor, through the Department of Community Affairs, shall seek to harmonize the planning activities of local units of government, area planning and development commissions, joint units of government, and state agencies so that the planning policies and objectives of all levels of government are consistent and so that conflicts of activity for the development of the state are minimized. (b) It shall be the responsibility of the Governor, through the Department of Community Affairs, to encourage coordinated planning activities among districts established pursuant to any federal legislation that exists or may be established and to provide information and advice on these programs to existing districts and local units of government and other public bodies. (c) (1) Effective April 1, 1984, there is created an Advisory Committee on Area Planning and Development. The committee shall advise the commissioner of community affairs and the Board of Community Affairs in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area or multicounty planning and development commissions. (2) The Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member of each area or multicounty planning and development commission in the state. If any member of the committee shall cease to be a member of an area or multicounty planning and development commission, he shall no longer be a member

Page 40

of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until his successor is appointed and qualified. (3) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this paragraph shall be paid from funds appropriated or available to the area or multicounty planning and development commission which the member represents. (4) The committee shall meet at least four but not more than six times per year; however, the commissioner of community affairs or the chairman of the committee may call additional special meetings. (d) The Department of Community Affairs may, upon the request of the governing body of any political subdivision or planning commission, provide planning assistance to such political subdivision, planning commission, or groups of subdivisions or planning commissions. The Department of Community Affairs is also empowered to contract with any such political subdivision, planning commission, or groups of subdivisions or planning commissions for such services rendered, and the receipts of any moneys shall be paid into the state treasury. The Department of Community Affairs is also empowered to contract with any other public or private agency or association and with consultants for the purpose of receiving technical aid or assistance. (e) The Department of Community Affairs shall be empowered to assist in the conduct of long-range community development planning and research relevant to local governments, to identify their needs, and to provide the fullest

Page 41

possible technical assistance to the local governments in this state. (f) The Department of Community Affairs may make application on behalf of local governments for receipt of state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, the department may be authorized, at the discretion of the Governor, to disburse such emergency funds to the local government. 50-8-3. The Department of Community Affairs shall be responsible directly or in cooperation with other agencies for planning with other agencies in the following activities: (1) To identify potential human, social, and economic problems and opportunities in the various urban, suburban, and rural communities of the state and to assist communities in preparing for such opportunities and avoiding the consequences of such problems; (2) To define, identify, and establish criteria for communities to participate with and avail themselves of the services of the department; (3) To coordinate state-wide community affairs programs and responsibilities and to prepare a means for implementing needed and desirable community affairs programs; (4) To provide, coordinate, or secure for local governments services relating to local financing, public facilities, law enforcement, personnel recruiting, public administration, and related activities; (5) To supplement other agencies in providing information for communities and areas, which information would help avoid or minimize the problems associated with the changes brought about by altering economic, housing, and social conditions and by public works projects; (6) To study consequences of government decisions which have an impact on local communities and to advise

Page 42

local communities affected thereby as to methods of adjustment and to circumstances resulting therefrom, such as changing housing patterns, social and economic conditions, and public works projects; (7) To maintain liaison with and draw upon specialized private agencies and business, labor, and professional association resources in order to have available additional information and expertise in specific areas of concern; (8) To coordinate activities with the Department of Housing and Urban Development, or its counterpart by whatever name called, at all governmental levels; (9) To provide technical assistance directly or through cooperative agreements with other state agencies, units of local government, and local public agencies, or others when appropriate; and (10) To review, on a continuous basis, the programs and policies of area agencies to determine their consistency with long-range policies and programs of the state biennial development program. 50-8-4. (a) There is created the Board of Community Affairs, which shall establish policy and direction concerning community affairs for the Department of Community Affairs for the development of the state's physical, economic, and human resources and to perform such other functions as may be provided by law. (b) (1) On and after July 1, 1984, the Board of Community Affairs shall consist of one member from each congressional district in the state and five additional members from the state at large. All members shall be appointed by the Governor. The initial terms of members shall be as follows: two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1985; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1986; two members representative of congressional districts

Page 43

and one at-large member shall be appointed for a term ending July 1, 1987; two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1988; and two members representative of congressional districts and one at-large member shall be appointed for a term ending July 1, 1989. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. (2) The board shall at all times consist of five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the populace at large. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia. (c) The first members appointed under subsection (b) of this Code section shall be appointed for terms which begin July 1, 1984. The members of the Board of Community Affairs serving on April 1, 1984, shall remain in office until July 1, 1984, and until their successors are appointed and qualified. (d) The board at its initial meeting, which meeting shall be called by the Governor promptly after the appointment of its members, shall elect a chairman, vice-chairman, and secretary from among its members. These officers shall serve until the following April, at which time officers shall again be elected; and thereafter officers shall be elected at each April meeting. Five members shall constitute a quorum. Meetings may be called by the chairman or any five board members upon adequate notice. (e) Board membership does not constitute public office to the extent that a member of the board is precluded from holding other public office. Each member of the board shall receive the same per diem expense allowance as that received

Page 44

by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration. (f) Board members may be reappointed by the Governor to additional terms, provided that the reappointment does not alter the composition of the board as provided for in subsection (b) of this Code section. Should the Governor decide not to reappoint any board member upon the expiration of such member's term, the following procedure shall apply: (1) If a member was appointed from a congressional district, the Governor shall appoint from the congressional district; or (2) If the member was appointed from the state at large, the Governor shall appoint from the state at large. (g) When a vacancy occurs on the board, the Governor shall appoint a person to fill the vacancy within 60 days. The procedure for filling a vacancy shall be the same as prescribed in subsection (f) of this Code section. The following shall constitute a vacancy on the board: (1) Inability to serve due to death, medical infirmity, or resignation; or (2) Any change in local elective office-holding status that would cause the composition of the board to violate subsection (b) of this Code section. 50-8-5. There is created the office of commissioner of community affairs, who shall be executive officer and administrative head of the department. The commissioner shall be appointed by and serve at the pleasure of the board. The commissioner shall assist the board in the performance of its duties, powers, authority, and jurisdiction, as the board shall provide.

Page 45

50-8-6. The Board of Community Affairs shall study state housing needs and resources and present to the Governor recommended courses of action by state government. 50-8-7. The Department of Community Affairs may apply for, receive, administer, and utilize any grants or other financial assistance under any federal, private, or public financial sources that may be made available for achieving the purposes of the department. 50-8-8. (a) It shall be the function and duty of the Department of Community Affairs to make comprehensive surveys and studies of the existing physical, social, and economic conditions of the state. Such surveys and studies shall be made for the purpose of identifying problems with the coordinated and harmonious development of the state. (b) The Department of Community Affairs shall seek to harmonize its planning activities with those of departments, agencies, and instrumentalities of the state, area planning and development commissions, and local governments to assist these agencies in planning matters for the purpose of securing the quality development of the state. Nothing contained in this Code section shall reduce the planning powers conferred upon area planning and development commissions, departments, agencies, or instrumentalities of the state or local governments by law. (c) In particular, the Department of Community Affairs shall have the power and duty to perform the following: (1) To increase the awareness of and response to developmental policies and problems, the department shall, every two years, prepare a growth and development profile of the state, using, where available, existing studies, information, and work developed by other state agencies. Such profile and accompanying maps and descriptive matter shall include a general description of existing and probable future patterns of growth and development, a general inventory of natural resources, an analysis of housing, population, and economic conditions, and a summary of policies regarding growth and development. Significant problems related to these categories shall be described

Page 46

in the profile. The profile shall be submitted biennially to the Governor and the General Assembly to assist them in developing policies for guiding the coordinated and harmonious development of the state; (2) Assist the Governor or the General Assembly or any of its committees or any state department or state agency or instrumentality with studies, investigations, reports, and advice in matters concerning the resources and the well-coordinated development of the state; (3) Cooperate with and render planning assistance to the federal government and its agencies within the state, and to counties, municipalities, or other local governments within the state, with a view to harmonizing their planning activities with plans for the development of the state. The department shall, upon the request of any appropriate federal, municipal, or county board or official, transmit available information which will facilitate the above aim; (4) The department may, upon the request of the governing body of any county or municipality or other political subdivision, provide planning assistance, including surveys, land-use studies, urban renewal plans, technical services, and other planning work, to such county, municipality, or other political subdivision, and the department may agree with such governing body as to the amount of money, if any, to be paid to the department for such service; (5) To collect information and data and to conduct research on local governments for use by the General Assembly, state agencies, local governments, and their associations and to establish a comprehensive base of local government information which shall draw upon existing information and data within state agencies and utilize information and data collected directly from local governments; and (6) To establish no later than December 31, 1987, a strategic state-wide rural economic development plan in cooperation with area planning and development commissions,

Page 47

the University System, other state agencies and departments, and political subdivisions of the state. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring sources for venture capital for the rural areas of the state, and providing state financial assistance to support local initiatives for rural economic development. The plan shall be updated at the same time the growth and development profile of the state is submitted to the Governor and the General Assembly under paragraph (1) of this subsection. (d) The powers granted by this Code section and Code Section 50-8-9 to the Department of Community Affairs are advisory only and shall not be construed to infringe upon any power of the legislative, executive, or judicial branch of the state government. 50-8-9. The Department of Community Affairs shall have the power to promote public interest in and understanding of the problems of state development and of plans for their solution. To this end, the department may make, publish, and distribute maps, plans, information, studies, reports, and recommendations relating to the development of the state to public officials and agencies, semipublic and private agencies and corporations, civic, educational, professional, and other organizations and citizens. It may confer and cooperate with the executive, legislative, or planning authorities of neighboring states and their municipalities and counties for the purpose of bringing about a coordination between the development of such neighboring states and their municipalities and counties and the development of this state. 50-8-10. The Department of Community Affairs shall make available such funds as may be appropriated by the General Assembly for use by area or multicounty planning and development commissions. 50-8-11. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state

Page 48

personnel programs as they were previously entitled or otherwise authorized. (b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration. 50-8-12. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or authorized. (b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration., and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 50-8-1. The Department of Community Affairs is created as a department of the executive branch of state government. The Department of Community Affairs, as it existed immediately prior to February 24, 1988, shall continue to exist as a department of the executive branch of state government in accordance with this article. From and after February 24, 1988, the Department of Community Affairs shall have the duties, responsibilities, functions, power, and authority set forth in this article and otherwise provided by law. 50-8-2. (a) As used in this article, the term: (1) `Area planning commission' means any area planning and development commission or any metropolitan area planning and development commission created in accordance with this chapter. (2) `Board' means the Board of Community Affairs.

Page 49

(3) `Commissioner' means the commissioner of community affairs. (4) `Constitution' means the Constitution of the State of Georgia. (5) `Contract' means any contract, agreement, or other legally binding arrangement. (6) `County' means any county of this state. (7) `Department' means the Department of Community Affairs. (8) `Eligible recipient' means any local government, school district, or other government entity which may be eligible to receive funds from the department pursuant to terms for eligibility established by the department or those established by the government or other source which makes the funds available to the department. (9) `Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (10) `Local government' means any county, municipality, or other political subdivision of the state; any area planning commission; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms a group to carry out jointly any of their lawful purposes but shall not include school districts. (11) `Local government affairs' means all matters involving or affecting local governments in which the state

Page 50

is or may become empowered or authorized to perform any duties, responsibilities, or functions or to exercise any power or authority. (12) `Local government services' means the activities performed or authorized to be performed by the department including, but not limited to, its performance of duties, responsibilities, and functions in local government affairs and its exercise of power and authority in local government affairs. (13) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (14) `Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (15) `Rural area' means any nonurban area in the state as defined in rules and regulations of the department. (16) `School district' means any school district, independent school system, or other local school system in the state. (17) `State' means the State of Georgia. (b) A reference to the terms of any contract or writing or to the terms under which any funds are made available shall include all terms, conditions, covenants, representations, warranties, and other provisions. 50-8-3. (a) The local governments of the State of Georgia are of vital improtance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. The purpose of this article is to provide for the department to serve this essential public interest of the state in developing, promoting, sustaining, and assisting local governments. (b) The department shall serve as the principal department in the executive branch of state government for local

Page 51

government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall: (1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others; (4) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments the provision of planning services; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry, and employment opportunities; the provision of transportation systems; and the promotion of housing supply; and (5) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor. 50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with this article. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law.

Page 52

(b) Membership on the board shall be determined as follows: (1) Members of the board serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter the Governor shall appoint all members for terms of five years and until their successors are appointed and qualified; (2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. The membership shall include, at all times, five members who are elected officials of municipalities, five members who are elected officials of counties, and five members from the state at large who need not be elected officials. In appointing members who are elected officials of municipalities, the Governor may consult with and seek recommendations from the Georgia Municipal Association. In appointing members who are elected officials of counties, the Governor may consult with and seek recommendations from the Association County Commissioners of Georgia; (3) The term of a member shall expire when it ends or shall terminate earlier immediately upon: (A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (C) Any change in local elective office of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; (4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board

Page 53

to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection. If, upon expiration or termination of a member's term, the Governor does not reappoint the board member whose term is expiring or terminating, the following procedure shall apply: (A) If the former member was appointed from a congressional district, the Governor shall appoint a new member from the same congressional district; (B) If the former member was appointed from the state at large, the Governor shall appoint a new member from the state at large; and (C) If the former member was appointed as an elected official of a municipality or an elected official of a county, the Governor shall appoint a new member who is either an elected official of a municipality or a county, as the case may be; and (5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office. (c) Officers of the board shall be elected and shall serve as follows: (1) The officers of the board serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were elected and until their respective successors are elected and qualified; (2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board; (3) The board shall elect officers at each May meeting or, if there is no May meeting, at the next monthly meeting; and (4) Officers shall serve for a term beginning with their election and qualification and ending with the election and qualification of their respective successors.

Page 54

(d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. Five members of the board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate. (e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation. 50-8-5. (a) The office of the commissioner of community affairs, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with this article. The commissioner shall be the department head, whose duties shall include serving as the department's chief executive officer and administrative head. The commissioner serving immediately prior to February 24, 1988, shall continue to serve as commissioner at the pleasure of the board. Thereafter the commissioner shall be appointed by the board and shall serve at the pleasure of the board. The board shall establish the compensation for the commissioner.

Page 55

(b) The commissioner shall have and may exercise the following power and authority: (1) The power and authority to take or cause to be taken any or all action necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; (2) The power and authority to make, promulgate, enforce, or otherwise require compliance with any and all rules, regulations, procedures, or directives necessary to perform any local government services or otherwise necessary to perform any duties, responsibilities, or functions which the department is authorized by law to perform or to exercise any power or authority which the department is authorized by law to exercise; and (3) The power and authority to assist the board in the performance of its duties, responsibilities, and functions and the exercise of its power and authority. 50-8-6. The department shall be divided into such divisions, sections, or offices as may be necessary from time to time. All divisions, sections, or offices in existence immediately prior to February 24, 1988, shall continue to exist in accordance with this article. Thereafter, divisions, sections, and offices shall be abolished, reorganized, or established from time to time by the commissioner and as otherwise specified by law. The commissioner shall appoint such directors, deputies, and assistants as may be necessary to manage such divisions, sections, and offices. Such positions shall be in the unclassified service of the State Merit System of Personnel Administration. 50-8-7. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such planning and technical assistance activities as the board or the commissioner may deem necessary for performing local government services

Page 56

and as may be specified by law. Such planning and technical assistance activities may include, but shall not be limited to, the following: (1) The department may provide technical assistance to local governments. This assistance may be directed to any and all activities of local government including, but not limited to, community and economic development and governmental administration, finance, management, and operations; (2) The department may provide planning assistance to local governments. This assistance may include long-range planning relevant to one or more local governments to identify the needs of such local governments. This assitance may also include planning with respect to downtown development and the redevelopment and revitalization of downtown areas and central business districts; (3) The department may assist local governments in planning for the consequences or other results of decissions or actions by any government which have an impact on local governments or on any of their citizens; (4) The department may provide planning assistance to any local government or any state agency or state authority in connection with housing and dwelling places for citizens of the state. This assistance may include planning with respect to the availability of singlefamily, multifamily, and other types of housing units, the anticipated changes in such availability, the potential occupants for such housing, and the anticipated changes in such potential occupants. This assistance may also include planning with respect to homeless persons and the shelter needs of homeless persons; and (5) The department's planning and technical assistance activities may include planning, technical assistance, analysis, recommendations for policies or action, and related activities and services with respect to any lawful purpose or activity of a local government. (b) The department shall undertake and carry out such gathering of information, such distribution of information,

Page 57

and such studies and recommendations as the board or the commissioner may deem necessary for performing local government services and as may be specified by law. Such gathering and distribution of information and studies may include, but shall not be limited to, the following: (1) The department shall establish the Georgia data bank to serve as a comprehensive source of information available to local governments and state government. The Georgia data bank shall collect, analyze, and disseminate information with respect to local governments and with respect to state government. The Georgia data bank shall use information obtained from other governments and information developed by the department. To maintain the Georgia data bank, the department shall make comprehensive studies, investigations, and surveys of the physical, social, economic, governmental, demographic, and other conditions of the state and of local governments and of such other aspects of the state as may be necessary to serve the purposes of the department; (2) The department shall, every two years, prepare a growth and development profile of the state. The profile and the maps and descriptions which accompany the profile shall include a general description of the existing and probable future patterns of growth and development and shall describe significant problems related to these patterns. For this purpose, the department shall use information from the Georgia Data Bank and, where available, information developed by other state agencies. In addition, the department may develop its own information. This profile shall be submitted biennially to the Governor and to the General Assembly for their information and use in developing policies for the state; (3) The department shall maintain a strategic rural economic development plan in cooperation with the area planning commissions, the university system of the state, other state agencies and departments, and local governments. The plan shall include, without being limited to, identifying industries for which the rural areas of the state have a comparative advantage, exploring resources for venture capital for the rural areas of the state, and

Page 58

providing state financial assistance to support local initiatives for rural economic development in rural areas. This rural economic development plan shall be revised and updated at the same time as the growth and development profile of the state prepared for submission to the Governor and to the General Assembly is updated and shall be submitted to the Governor and to the General Assembly at the same time; (4) The department may assist the Governor, the General Assembly, any committees of the General Assembly, any state department, any state agency, any state authority, or any local government with studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information prepared, developed, or obtained by the department; (5) The department may undertake studies, investigations, and surveys to identify potential physical, social, economic, governmental, demographic, or other problems and opportunities in the urban, suburban, and rural areas of the state and to assist local governments in preparing to avoid the consequences of such problems or to take advantage of such opportunities; and (6) The department may write, draft, prepare, or publish any studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information with respect to local government affairs. The department may distribute or otherwise disseminate any such studies, surveys, investigations, maps, reports, plans, recommendations, advice, and information to any government, any state authority or state agency, or any private entity. 50-8-8. (a) The department shall make grants to eligible recipients, which grants are specified by amount, recipient, and purpose in an appropriation to the department. The department shall also grant to any school district the proceeds of any general obligation debt for educational facilities for which the department is named user agency and the school district is named recipient in an appropriation authorizing the debt. The department may make grants to eligible recipients from appropriations made to the department

Page 59

generally for grant purposes, without appropriations language specifying amounts, recipients, and purposes. The department shall disburse such grants on the basis of criteria which include consideration of matters such as legislative intent; local, regional, or state-wide impact or benefit; public exigencies or emergencies; enhancement of community and economic development opportunities; improvement or expansion of government operations or services; community health, safety, and economic well-being; and any other similar criteria that may from time to time be established by the department. No grant by the department to any eligible recipient shall adversely affect any grant or service to the recipient by any other unit or instrumentality of state government. Without limiting the foregoing, the Department of Education, Department of Transportation, and the director of the Fiscal Division of the Department of Administrative Services shall not diminish or fail to award any funds or service to any recipient under any state or federal program in whole or in part on account of a grant by the department. Grants by the department are and shall be deemed to be of a special nature and in addition to all such other grants or awards. The following provisions shall apply to making such funds available to eligible recipients: (1) The department may make available funds by grant to an eligible recipient, by direct payments on behalf of an eligible recipient, or by any other lawful means; (2) The department may accept, use, and disburse gifts and grants made to it on terms consistent with its legal powers, from any public or private source; (3) The department shall specify the terms under which it makes any funds available to an eligible recipient. The terms shall be those established or otherwise required by the government or other source which makes the funds available to the department. If such government or other source does not establish or otherwise require any such terms, the department may establish the terms; (4) The department shall set forth in writing the terms under which the department makes funds available to an eligible recipient. The terms may be set forth in a

Page 60

contract. The department may execute any such contract on behalf of the state, and any eligible recipient which is a local government, school district, state agency, or state authority is authorized to execute any such contract. Any such writing or contract may incorporate other terms or laws by reference to such terms or laws; (5) The department shall manage and administer all funds made available pursuant to this Code section; and (6) The department may make funds available for any purpose for which the eligible recipient may lawfully use such funds. Unless precluded by general law, these purposes may include, but shall not be limited to, assisting in or furthering any of the purposes, duties, responsibilities, functions, power, or authority of local governments or the department. These purposes may also include, but shall not be limited to, establishing, developing, constructing, improving, maintaining, restoring, or protecting local government projects or purposes of any nature, such as: (A) Construction projects; (B) Capital outlay projects; (C) Infrastructure projects; (D) Planning services; (E) Technical assistance; (F) Marketing and promotional projects to encourage tourism and to develop, promote, and retain trade, commerce, industry, and employment opportunities, agriculture, and agribusiness; (G) Purchase or lease of equipment; (H) Operating expenses; (I) Housing projects;

Page 61

(J) Any project for the purposes of acquiring, constructing, equipping, maintaining, and operating regional commerce and trade center facilities suitable for housing conventions and trade shows as well as cultural, political, musical, educational, athletic, and other events, in order to provide for the establishment, development, and maintenance of commerce and trade; (K) Any project or purpose described in or permitted under any appropriations to the department; (L) Any project or purpose described in or permitted under any grant made to, or to be made by or through, the department; (M) Any project or purpose provided for in the federal Housing and Community Development Act of 1974, as amended, or any successor to the Housing and Community Development Act of 1974; (N) Any project or purpose provided for in the federal Public Works and Economic Development Act of 1965, as amended, or any successor to the Public Works and Economic Development Act of 1965; (O) Any project or purpose authorized by federal or state law; or (P) Any other project or purpose consistent with the duties, responsibilities, functions, power, and authority of the department. (b) The department may apply for, receive, administer, and use any grant, other financial assistance, or other funds made available to the department from any government or other source for furthering the purposes of the department. The department's actions in this respect may be taken for itself or on behalf of local governments or other eligible recipients. The department's power and authority under this subsection includes, but shall not be limited to, the following: (1) The department may apply on behalf of local governments or other eligible recipients for receipt of

Page 62

state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77. If such an application is approved, or if state appropriated funds from the Governor's emergency fund as provided by Code Section 45-12-77 are otherwise made available to the department, the department may be authorized by the Governor to disburse such emergency funds to the local government or other eligible recipient. (2) The department may accept on behalf of local governments or other eligible recipients funds provided to the department by an executive order of the Governor and may disburse such funds to such local governments or other eligible recipients. The eligible recipient and the terms under which such funds are made available for use by the eligible recipient shall be specified in the executive order and shall be made a part of any writing or contract between the department and the eligible recipient. (c) The department is authorized and shall have all powers necessary to participate in federal programs and to comply with laws relating thereto. (d) The governing authority of any county, municipality, or combination thereof may expend public funds received from the department to perform any public service or public function as authorized under the terms specified by the department or, in the absence of any such terms, as otherwise authorized by the Constitution or by law or to perform any other service or function as authorized by the Constitution. (e) The department shall make available to any state agency or authority assigned to the department for administrative purposes all funds made available to the department for the use of any such state authority or agency. The department may make available funds to such state agencies or authorities for any lawful purposes of any such state agencies or authorities. (f) The power and authority of the department under this Code section to make available to local governments or any other eligible recipient any funds shall be limited

Page 63

by the Constitution and laws of the state, and as specified in this Code section, but shall not otherwise be limited. (g) Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants and other disbursements of funds made by the department or from the emergency fund through the department prior to February 24, 1988, are approved, ratified, and confirmed. 50-8-9. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall have the power to enter into contracts with local governments, school districts, state agencies, state authorities, and other public and private entities or individuals for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the department or exercising the power and authority of the department. No such contract shall constitute a donation or gratuity or the forgiveness of any debt or obligation owing to the public. No such contract shall constitute or be intended to constitute security for bonds or other obligations issued by any public agency, public corporation, or authority. No such contract shall constitute a pledge or loan of the credit of the state to any individual, company, corporation, or association, and the state, through the department, shall not become a joint owner or stockholder in or with any individual, company, association, or corporation. (b) The power and authority of the department under this Code section to enter into contracts shall be limited to entering into contracts permitted under the Constitution and laws of the state and as specified in this Code section but shall not otherwise be limited. 50-8-10. (a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall undertake and carry out such activities as may be necessary to coordinate policies, programs, and actions of governments in local government affairs and as may be specified by law. Such activities may include, but shall not be limited to, the following:

Page 64

(1) The department may take such action as the commissioner may deem necessary, to the extent feasible and practicable as determined by the commissioner, to make the programs and policies of all levels of government consistent and to minimize duplicate or inconsistent programs and policies within the state government and among local governments; (2) The department may review, on a continuous basis, the programs and policies of all governments acting within the state to determine their consistency with long-range programs and policies of the state, including the state's biennial growth and development profile; and (3) The department may consult with, meet with, confer with, and cooperate with the executive or legislative authorities of other states, with representatives of municipalities and counties of other states, with other representatives of governments, with representatives of private entities, and with others for the purpose of furthering the coordination of programs and policies affecting local government affairs within this state. (b) The department shall serve as the state's clearinghouse and research center on intergovernmental relations, including relationships among federal, state, and local levels of government, and to this end, the department shall: (1) Monitor, review, analyze, and communicate with and to others with respect to actions and developments in the United States Congress, in the federal agencies, and in other states which affect local governments or which may affect relations between the state and any local governments; and (2) Coordinate its activities with the office of the Governor, other state agencies and authorities, and the state's members of the United States Congress. (c) The department may provide, supervise, or coordinate leadership and community development programs for local governments and other programs with respect to local government affairs. The department may develop pilot programs

Page 65

or projects designed to address the problems and needs of local government. 50-8-11. (a) The department shall have the duty, responsibility, power, and authority to take all action necessary to further the purposes of the department, without regard for whether any such duty, responsibility, power, or authority is specifically mentioned in this article or otherwise specifically granted by law. Without limiting the general nature of this Code section: (1) The department shall have all duties, responsibilities, power, and authority granted or specified under or pursuant to any other laws of the state and any executive orders issued by the Governor prior to February 24, 1988. To the extent permitted by law, the Governor may, by executive order issued after February 24, 1988, authorize the department to take specific action in furtherance of the purposes of the department; and in that event, the department shall take such action; (2) The department shall promote and encourage assistance from private entities and individuals in carrying out and performing local government services; (3) The department shall assist local governments in developing, promoting, and retaining trade, industry, commerce, and employment opportunities; (4) The department may define, identify, and establish criteria or requirements for local governments or others to participate with or to use any local government services; and (5) The department may receive, use, and spend money received from the state for any of the purposes of the department. (b) Revenues for all fees and charges imposed or otherwise charged by the department for local government services shall be paid into the general fund of the state treasury, except that charges intended to reimburse expenses incurred by the department shall be used to reimburse the department for such expenses.

Page 66

50-8-12. (a) The Advisory Committee on Area Planning and Development, as it existed immediately prior to February 24, 1988, shall continue to exist in accordance with the provisions of this article. The committee shall advise the commissioner and the board in matters relating to the financial and operational conditions, programs, services, intergovernmental relationships, and collective planning studies of area planning commissions. The members of the committee serving immediately prior to February 24, 1988, shall continue to serve the respective terms for which they were appointed and until their respective successors are appointed and qualified. Thereafter, the Governor shall appoint the members of the committee who shall serve for terms of office of two years and until their successors are appointed and qualified. The committee shall consist of one member from each area planning commission in the state. If any member of the committee shall cease to be a member of an area planning commission in the state, such member shall no longer be a member of the committee, and the Governor shall appoint a successor who shall serve for the remainder of the term and until such member's successor is appointed and qualified. Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem allowance as is authorized for members of the General Assembly for each day a committee member is in attendance at a meeting of the committee and shall receive reimbursement for actual transportation costs incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal motor vehicle in connection with such attendance. The per diem and travel allowance or reimbursement authorized by this subsection shall be paid from funds appropriated and available to the area planning commission which the member represents. The committee shall meet at least four but not more than six times per year. The commissioner or the chairman of the committee may call additional special meetings. (b) The commissioner may create advisory councils in accordance with Code Section 50-4-4. The commissioner may name or otherwise designate such advisory councils as the commissioner deems necessary. 50-8-13. (a) Authorities or agencies may be assigned to the department for administrative purposes in accordance

Page 67

with Code Section 50-4-3. The following authorities are assigned to the department in accordance with such Code section: (1) The Georgia Environmental Facilities Authority; and (2) The Georgia Residential Finance Authority. (b) The department may induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform any local government services and to perform its own statutory function. 50-8-14. The administration of programs, grants, and other activities covered by this chapter shall not be covered by, subject to, or required to comply with or satisfy any provision of Chapter 13 of this title, known as the `Georgia Administrative Procedure Act.' 50-8-15. (a) State employees transferred from the State Building Administrative Board on March 31, 1980, shall continue to retain all rights, entitlements, and privileges as state employees and participate in the various state personnel programs as they were previously entitled or otherwise authorized. (b) Any legal contracts entered into by the State Building Administrative Board which were in effect on March 31, 1980, are transferred and shall continue in effect under the Department of Community Affairs until their normally prescribed termination or expiration. 50-8-16. (a) State employees transferred from the Bureau of Community Affairs to the Department of Community Affairs on July 1, 1977, shall retain all rights, entitlements, and privileges as state employees and shall participate in the various state personnel programs as they were previously entitled or authorized to participate. (b) Any legal contracts entered into by the bureau which were in effect on July 1, 1977, are transferred and shall continue in effect under the Department of Community Affairs

Page 68

under their normally prescribed termination or expiration. 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 24, 1988. APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1987-88. No. 823 (House Bill No. 1267). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1987-1988 known as the General Appropriations Act, approved April 20, 1987 (Ga. L. 1987, p. 1497), so as to change certain appropriations for the State Fiscal Year 1987-1988; 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 1987-1988, known as the General Appropriations Act, approved April 20, 1987 (Ga. L. 1987, p. 1947), is amended by striking everything following the enacting clause through Section 79, 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, 1987, and ending June 30, 1988, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds

Page 69

of the State, including unappropriated surplus, reserves and a revenue estimate of $5,782,000,000 for State Fiscal Year 1988. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Branch Unit: Legislative Branch $ 20,239,128 Personal Services - Staff $ 9,340,054 Personal Services - Elected Officials $ 3,487,847 Regular Operating Expenses $ 1,098,890 Travel - Staff $ 118,800 Travel - Elected Officials $ 6,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 468,150 Equipment $ 407,000 Computer Charges $ 443,000 Real Estate Rentals $ 68,864 Telecommunications $ 643,000 Per Diem, Fees and Contracts - Staff $ 379,599 Per Diem, Fees and Contracts - Elected Officials $ 2,427,424 Postage $ 146,700 Photography $ 71,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 0 Total Funds Budgeted $ 20,239,128 State Funds Budgeted $ 20,239,128 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,856,269 $ 3,856,269 Lt. Governor's Office $ 507,534 $ 507,534 Secretary of the Senate's Office $ 1,031,466 $ 1,031,466 Total $ 5,395,269 $ 5,395,269

Page 70

House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,134,028 $ 8,134,028 Speaker of the House's Office $ 325,081 $ 325,081 Clerk of the House's Office $ 1,060,042 $ 1,060,042 Total $ 9,519,151 $ 9,519,151 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 1,973,618 $ 1,973,618 Legislative Fiscal Office $ 1,303,742 $ 1,303,742 Legislative Budget Office $ 841,686 $ 841,686 Ancillary Activities $ 5,324,708 $ 5,324,708 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 State Legislatures and the National Conference of Insurance Legilators 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 maintenace, repair, construction, reconstruction, furnishing and refurbishing

Page 71

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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of 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 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 payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 11,917,096 Operations Budget: Personal Services $ 9,685,426 Regular Operating Expenses $ 300,000 Travel $ 785,000 Motor Vehicle Purchases $ 108,500 Publications and Printing $ 28,700 Equipment $ 15,000 Per Diem, Fees and Contracts $ 9,000 Real Estate Rentals $ 366,857 Computer Charges $ 560,013 Telecommunications $ 58,600 Total Funds Budgeted $ 11,917,096 State Funds Budgeted $ 11,917,096 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,654,950 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 4,075,070 Section 5. Superior Courts . Budget Unit: Superior Courts $ 33,548,469 Operation of the Courts $ 31,941,205 Prosecuting Attorney's Council $ 667,787 Sentence Review Panel $ 117,789 Council of Superior Court Judges $ 71,399 Judicial Administrative Districts $ 735,289 Habeas Corpus Clerk $ 15,000 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 289,331 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 467,268 Institute's Operations $ 376,250 Georgia Magistrate Courts Training Council $ 91,018 Section 8. Judicial Council . Budget Unit: Judicial Council $ 774,675 Council Operations $ 629,565 Payments to Judicial Administrative Districts for Case Counting $ 70,500 Board of Court Reporting $ 25,110 Payment to Council of Magistrate Court Judges $ 20,000 Payment to Council of Probate Court Judges $ 20,000 Payment to Council of State Court Judges $ 9,500 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 106,000 PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 38,427,229 Administration and Services Budget: Personal Services $ 38,695,477 Regular Operating Expenses $ 7,589,964 Travel $ 249,800 Motor Vehicle Purchases $ 299,500 Publications and Printing $ 153,000 Equipment $ 1,878,085 Computer Charges $ 8,503,650 Real Estate Rentals $ 3,285,442 Telecommunications $ 622,260 Per Diem, Fees and Contracts $ 414,400 Rents and Maintenance Expense $ 16,356,200 Utilities $ 31,100 Postage $ 273,800 Payments to DOAS Fiscal Administration $ 1,959,300 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 0 Telephone Billings $ 31,400,121 Materials for Resale $ 10,032,800 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 129,233,699 State Funds Budgeted $ 38,427,229 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 352,751 $ 352,751 Departmental Administration $ 2,340,811 $ 2,227,126 Treasury and Fiscal Administration $ 16,288,904 $ 14,329,604 Central Supply Administration $ 10,516,040 $ 0 Procurement Administration $ 2,535,892 $ 2,535,892 General Services Administration $ 611,621 $ 0 Space Management Administration $ 506,856 $ 506,856 Data Processing Services $ 46,502,487 $ 12,775,000 Motor Vehicle Services $ 2,656,834 $ 0 Communication Services $ 38,403,480 $ 5,700,000 Printing Services $ 5,048,938 $ 0 Surplus Property Services $ 1,328,550 $ 0 Mail and Courier Services $ 566,561 $ 0 Risk Management Services $ 1,573,974 $ 0 Total $ 129,233,699 $ 38,427,229 B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 18,111,642 Regular Operating Expenses $ 4,310,200 Travel $ 12,600 Motor Vehicle Purchases $ 30,000 Publications and Printing $ 55,000 Equipment $ 171,100 Computer Charges $ 70,000 Real Estate Rentals $ 8,500 Telecommunications $ 104,800 Per Diem, Fees and Contracts $ 142,800 Capital Outlay $ 740,000 Utilities $ 7,680,100 Contractual Expense $ 249,000 Fuel $ 40,000 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 31,725,742 State Funds Budgeted $ 0

Page 76

Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,983,265 $ 0 Custodial $ 4,613,084 $ 0 Maintenance $ 4,808,318 $ 0 Security $ 4,637,825 $ 0 Van Pool $ 191,236 $ 0 Sales $ 3,980,929 $ 0 Administration $ 10,843,088 $ 0 Railroad Excursions $ 667,997 $ 0 Facility Renovations $ 0 $ 0 Total $ 31,725,742 $ 0 C. Budget Unit: Agency for the Removal of Hazardous Materials $ 250,000 Operations Budget: Personal Services $ 1,588,650 Regular Operating Expenses $ 889,500 Travel $ 100,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 2,000 Equipment $ 150,000 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 10,000 Per Diem, Fees and Contracts $ 100,000 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 2,840,150 State Funds Budgeted $ 250,000 Section 11. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 33,716,116 State Operations Budget: Personal Services $ 26,805,051 Regular Operating Expenses $ 2,516,656 Travel $ 877,000 Motor Vehicle Purchases $ 649,875 Publications and Printing $ 684,000 Equipment $ 1,449,593 Computer Charges $ 450,657 Real Estate Rentals $ 730,920 Telecommunications $ 380,099 Per Diem, Fees and Contracts $ 342,136 Market Bulletin Postage $ 600,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,141,160 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 2,433,603 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 75,000 Advertising Contract $ 155,000 Payments to Georgia Agrirama Development Authority for Operations $ 445,151 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 665,000 Capital Outlay $ 30,000 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Poultry Indemnities $ 0 Total Funds Budgeted $ 42,178,901 State Funds Budgeted $ 33,716,116 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,382,707 $ 3,940,614 Animal Industry $ 7,150,685 $ 6,779,125 Marketing $ 1,619,448 $ 1,613,401 General Field Forces $ 3,592,372 $ 3,592,372 Internal Administration $ 4,214,699 $ 4,121,555 Information and Education $ 1,380,188 $ 1,380,188 Fuel and Measures $ 3,162,083 $ 3,155,083 Consumer Protection Field Forces $ 5,720,655 $ 4,507,198 Meat Inspection $ 4,142,024 $ 1,715,476 Major Markets $ 4,574,586 $ 1,100,638 Seed Technology $ 323,685 $ 0 Entomology and Pesticides $ 1,915,769 $ 1,810,466 Total $ 42,178,901 $ 33,716,116 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 443,567 Regular Operating Expenses $ 118,304 Travel $ 4,850 Motor Vehicle Purchases $ 0 Publications and Printing $ 10,425 Equipment $ 15,921 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 9,950 Per Diem, Fees and Contracts $ 30,025 Capital Outlay $ 220,800 Goods for Resale $ 74,150 Total Funds Budgeted $ 927,992 State Funds Budgeted $ 0

Page 79

Section 12. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 5,328,257 Administration and Examination Budget: Personal Services $ 4,390,709 Regular Operating Expenses $ 206,000 Travel $ 321,198 Motor Vehicle Purchases $ 40,000 Publications and Printing $ 13,000 Equipment $ 15,900 Computer Charges $ 128,950 Real Estate Rentals $ 175,500 Telecommunications $ 35,000 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 5,328,257 State Funds Budgeted $ 5,328,257 Section 13. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 20,286,043 State Operations Budget: Personal Services $ 4,443,756 Regular Operating Expenses $ 136,668 Travel $ 171,915 Motor Vehicle Purchases $ 7,500 Publications and Printing $ 92,945 Equipment $ 18,121 Computer Charges $ 25,988 Real Estate Rentals $ 364,068 Telecommunications $ 55,671 Per Diem, Fees and Contracts $ 99,573 Capital Felony Expenses $ 85,000 Contracts with Area Planning and Development Commissions $ 1,400,000 Local Assistance Grants $ 0 Appalachian Regional Commission Assessment $ 139,000 Community Development Block Grants (Federal) $ 30,000,000 Juvenile Justice Grants (Federal) $ 0 Grant - Richmond County $ 0 Economic Development Grants $ 731,000 Payment to Georgia Residential Finance Authority $ 590,500 Payment to Georgia Environmental Facilities Authority for Operations $ 384,844 Grant for Operating Expenses in Butts County $ 25,000 Grant for Economic Development Survey in Ware County $ 20,000 Grant for Repairs to Courthouse in Berrien County $ 50,000 Grant for Livestock Facility in Morgan County $ 75,000 Grant for the Rural Economic Development Incentive Project $ 35,000 Grant for Community Agricultural Market Facility in Brooks County $ 30,000 Grant to Taylor County for Operating Expenses $ 15,000 Grant to Hall County for Operating Expenses $ 12,000 Grant for Airport Development in Bibb County $ 1,000,000 Grant to Muscogee County for Operating Expenses $ 1,500 Grant to McDuffie County for Operating Expenses $ 50,000 Grant to Seminole County for Operating Expenses $ 80,000 Grant to Polk County for the Construction of a Human Services Facility $ 100,000 Grant for Operating Expenses to the City of Ambrose $ 20,000 Grant for Operating Expenses in Pierce County $ 60,000 Grant for Operating Expenses to Locust Grove $ 10,000 Grant for Savannah's Science Museum in Chatham County $ 100,000 Grant to the City of Glennville for Operating Expenses $ 5,000 Grant for Park Equipment in Winterville $ 10,000 Grant for Dalton Carpet Exposition at Dalton, Georgia $ 8,177,000 Grant to Richmond County for Richard Dent Library at Paine College in Augusta $ 150,000 Grant for a Human Services Center in Lanier County $ 200,000 Grant for Rolader Park in the City of Cave Spring $ 15,000 Economic Development Grant to Powder Springs Development Authority for Downtown Development $ 20,000 Grant to City of Rockmart for Human Development $ 30,000 Grant for Operating Expenses to Opportunity Industrial Centers in Athens, Atlanta, Augusta $ 225,000 Grant for Highway Beautification $ 2,500 Grant for Coastal Area APDC $ 25,000 For Airport Development Grants for Airports in Laurens County, Jackson County, Union County, Dodge County, Peach County and Tift County $ 825,000 Grant for Quick Start Program for the City of Carrollton $ 18,000 Grant for the National Science and Communication Foundation in Augusta $ 500,000 Grant to the Carroll County Board of Education for Operating Expenses $ 25,000 Grant for Clinch County Board of Education $ 60,000 Grant for Atkinson County Board of Education $ 40,000 Grant for Hay House in Bibb County $ 40,000 Grant for Jeff Davis County $ 15,000 Grant for the City of Baxley $ 25,000 Grant for Development Study of Airport in Middle Georgia $ 50,000 Grant for Commuter Rail Study $ 100,000 Grant for Hall County $ 30,000 Grant for Rabun County $ 5,000 Grant for Telfair County $ 25,000 Grant for Madison County $ 46,000 Grant for Senior Citizen Center in Douglas County $ 25,000 Grant for Houston County $ 24,500 Grant for equipment in Rockdale House in Rockdale County $ 5,000 Grant for the City of Quitman $ 15,000 Grant for Human Services Facility in Lanier County $ 20,000 Grant for Clayton County $ 25,000 Grant for Agriculture Center in Carroll County $ 25,000 Grant for Effingham County $ 25,000 Grant for Matching Fund for APDC $ 40,000 Grant for the Polk County Life Center $ 120,000 Grant for Economic Development $ 120,000 Grant for the Peach Blossom Trail $ 20,000 Grant for the Dalton Volunteer Program $ 12,000 Grant for a Facility for Abused Children in Gwinnett County $ 75,000 Grant for Towns County $ 5,000 Total Funds Budgeted $ 51,650,049 State Funds Budgeted $ 20,286,043 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 16,306,626 $ 16,249,626 Technical Assistance $ 1,365,366 $ 1,182,608 Community and Economic Development $ 32,836,733 $ 1,882,520 Intergovernmental Assistance $ 1,141,324 $ 971,289 Total $ 51,650,049 $ 20,286,043 Section 14. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 276,527,489 Personal Services $ 189,347,982 Regular Operating Expenses $ 22,059,258 Travel $ 1,240,761 Motor Vehicle Purchases $ 1,559,821 Publications and Printing $ 284,000 Equipment $ 6,159,868 Computer Charges $ 1,042,088 Real Estate Rentals $ 2,800,914 Telecommunications $ 2,285,750 Per Diem, Fees and Contracts $ 1,503,437 Capital Outlay $ 4,177,000 Utilities $ 8,356,400 Court Costs $ 350,000 County Subsidy $ 10,355,000 County Subsidy for Jails $ 6,468,438 County Workcamp Construction Grants $ 5,569,000 Grants for Local Jails $ 600,000 Central Repair Fund $ 600,000 Payments to Central State Hospital for Meals $ 2,942,150 Payments to Central State Hospital for Utilities $ 1,495,480 Payments to Public Safety for Meals $ 300,000 Inmate Release Fund $ 1,035,000 Health Services Purchases $ 12,849,543 Payments to MAG for Health Care Certification $ 47,749 University of Georgia - Cooperative Extension Service Contracts $ 262,900 Minor Construction Fund $ 75,378 Authority Lease Rentals $ 0 Grant to Richmond County $ 20,000 Total Funds Budgeted $ 283,787,917 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 84,000 State Funds Budgeted $ 276,527,489 Departmental Functional Budgets Total Funds State Funds General Administration $ 12,333,348 $ 11,799,348 Adult Facilities and Programs $ 28,777,411 $ 28,563,911 Training $ 1,696,587 $ 1,652,043 Georgia Training and Development Center $ 1,720,286 $ 1,720,286 Georgia Industrial Institute $ 9,047,550 $ 9,047,550 Georgia Diagnostic and Evaluation Center $ 9,773,460 $ 9,773,460 Georgia State Prison $ 18,305,899 $ 18,305,899 Consolidated Branches $ 17,714,439 $ 17,634,439 Middle Georgia Correctional Institution $ 21,886,299 $ 21,886,299 Jack T. Rutledge Correctional Institution $ 3,607,562 $ 3,607,562 Central Correctional Institution $ 3,274,989 $ 3,274,989 Metro Correctional Institution $ 4,238,392 $ 4,238,392 Coastal Correctional Institution $ 4,542,928 $ 4,542,928 Central Funds $ 15,597,059 $ 15,597,059 D.O.T Work Details $ 769,384 $ 0 Food Services $ 14,645,992 $ 14,442,404 Farm Services $ 6,174,373 $ 6,174,373 Dodge Correctional Institution $ 3,460,379 $ 3,460,379 Transitional Centers $ 4,022,499 $ 4,022,499 Augusta Correctional and Medical Institution $ 6,421,901 $ 6,421,901 Health Care $ 24,408,913 $ 24,408,913 Rogers Correctional Institution $ 4,175,706 $ 4,175,706 Burruss Correctional and Training Facility $ 3,375,468 $ 3,375,468 Rehabilitation Programs $ 18,249,380 $ 18,249,380 Federal Grants $ 0 $ 0 Probation Administration $ 855,489 $ 855,489 Probation Field Services $ 36,522,141 $ 32,422,141 Probation Diversion and Detention Centers $ 8,190,083 $ 6,874,671 Total $ 283,787,917 $ 276,527,489

Page 86

B. Budget Unit: Board of Pardons and Paroles $ 18,280,715 Board of Pardons and Paroles Budget: Personal Services $ 14,896,453 Regular Operating Expenses $ 447,841 Travel $ 438,100 Motor Vehicle Purchases $ 117,000 Publications and Printing $ 58,000 Equipment $ 221,219 Computer Charges $ 138,000 Real Estate Rentals $ 1,029,590 Telecommunications $ 381,500 Per Diem, Fees and Contracts $ 96,000 County Jail Subsidy $ 457,012 Total Funds Budgeted $ 18,280,715 State Funds Budgeted $ 18,280,715 Section 15. Department of Defense . Budget Unit: Department of Defense $ 4,442,476 Operations Budget: Personal Services $ 7,122,169 Regular Operating Expenses $ 1,833,219 Travel $ 70,650 Motor Vehicle Purchases $ 50,000 Publications and Printing $ 43,050 Equipment $ 80,300 Computer Charges $ 10,850 Real Estate Rentals $ 8,200 Telecommunications $ 81,480 Per Diem, Fees and Contracts $ 155,100 Utilities $ 1,721,870 Grants to Locals - Emergency Management Assistance $ 1,049,400 Grants - Others $ 42,000 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 0 Grants to Armories $ 535,000 Repairs and Renovations $ 75,000 Total Funds Budgeted $ 12,938,288 State Funds Budgeted $ 4,442,476

Page 87

Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,303,646 $ 1,167,014 Georgia Emergency Management Agency $ 1,869,050 $ 877,239 Georgia Air National Guard $ 3,217,161 $ 427,045 Georgia Army National Guard $ 5,548,431 $ 1,971,178 Total $ 12,938,288 $ 4,442,476 Section 16. State Board of Education - Department of Education . Budget Unit: Department of Education $2,245,756,883 Operations: Personal Services $ 36,743,856 Regular Operating Expenses $ 3,574,594 Travel $ 1,468,101 Motor Vehicle Purchases $ 80,000 Publications and Printing $ 656,689 Equipment $ 573,267 Computer Charges $ 6,010,105 Real Estate Rentals $ 2,212,962 Telecommunications $ 719,204 Per Diem, Fees and Contracts $ 14,302,044 Utilities $ 991,165 Capital Outlay $ 250,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 559,731,932 Grades 4 - 8 $ 473,386,212 Grades 9 - 12 $ 244,207,941 High School Laboratories $ 69,273,939 Vocational Education Laboratories $ 81,119,399 Special Education $ 152,243,958 Gifted $ 16,467,148 Remedial Education $ 21,975,900 Staff Development $ 7,370,037 Professional Development $ 22,099,563 Media $ 77,663,411 Indirect Cost $ 417,072,368 Pupil Transportation $ 100,315,399 Isolated Schools $ 936,193 Mid-Term Adjustment $ 43,202,700 Local Fair Share $ (380,572,432) Other Categorical Grants: Equalization Formula $ 101,896,110 Sparsity Grants $ 1,982,515 Prepaid Teacher Retirement $ 0 Special Instructional Assistance $ 1,000,000 Middle School Incentive $ 3,000,000 Special Education Low - Incidence Grants $ 188,694 Non-QBE Grants: Education of Children of Low-Income Families $ 77,736,092 Retirement (H.B. 272 and H.B. 1321) $ 1,700,000 Instructional Services for the Handicapped $ 24,850,905 Tuition for the Multi-Handicapped $ 1,895,143 Severely Emotionally Disturbed $ 28,488,153 School Lunch (Federal) $ 121,090,490 School Lunch (State) $ 21,435,372 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,460,238 Regional Education Service Agencies $ 5,813,142 Georgia Learning Resources System $ 2,419,218 High School Program $ 18,443,748 Special Education in State Institutions $ 2,581,128 Governor's Honors Program $ 913,920 Special Projects $ 1,832,000 Job Training Partnership Act $ 2,860,000 Vocational Research and Curriculum $ 366,540 Adult Education $ 4,772,348 Salaries and Travel of Public Librarians $ 8,539,061 Public Library Materials $ 4,424,861 Talking Book Centers $ 746,975 Public Library M O $ 3,497,926 Grants to Local School Systems for Educational Purposes $ 78,000,000 Child Care Lunch Program (Federal) $ 14,261,645 Chapter II - Block Grant Flow Through $ 10,457,937 Payment of Federal Funds to Postsecondary Vocational Education $ 13,657,800 Innovative Programs $ 548,000 Technology Grants $ 500,000 Limited English - Speaking Students Program $ 250,000 Remove Architectual Barriers $ 888,439 Drug-Free School $ 2,541,012 Refugee Transportation Program $ 180,784 Emergency Immigrant Education $ 114,169 Profound - Special Education Grant $ 7,348,486 Robert C. Byrd Scholarship Program $ 184,500 Total Funds Budgeted $ 2,550,943,006 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 2,245,756,883 Education Functional Budgets Total Funds State Funds State Administration $ 3,008,875 $ 2,607,374 Instructional Services $ 16,929,370 $ 8,031,714 Governor's Honors Program $ 907,728 $ 844,671 Administrative Services $ 15,707,480 $ 11,360,290 Standards and Assessment $ 11,433,121 $ 10,762,174 Special Services $ 3,923,599 $ 2,587,710 Professional Practices $ 494,176 $ 494,176 Professional Standards $ 224,831 $ 224,831 Ga. Academy for the Blind $ 4,016,541 $ 3,873,335 Ga. School for the Deaf $ 6,578,202 $ 6,372,735 Atlanta School for the Deaf $ 4,358,064 $ 4,061,429 Local Programs $2,483,361,019 $2,194,536,444 Total $2,550,943,006 $2,245,756,883 Section 17. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 885,753 Regular Operating Expenses $ 11,300 Travel $ 7,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 23,000 Equipment $ 5,100 Computer Charges $ 259,000 Real Estate Rentals $ 115,706 Telecommunications $ 26,500 Per Diem, Fees and Contracts $ 583,200 Postage $ 67,500 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 1,984,559 State Funds Budgeted $ 0 Section 18. Forestry Commission . Budget Unit: Forestry Commission $ 32,557,030 State Operations Budget: Personal Services $ 24,986,730 Regular Operating Expenses $ 6,172,548 Travel $ 145,415 Motor Vehicle Purchases $ 1,571,112 Publications and Printing $ 88,000 Equipment $ 3,678,745 Computer Charges $ 149,091 Real Estate Rentals $ 29,928 Telecommunications $ 686,135 Per Diem, Fees and Contracts $ 420,871 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Wood Energy Program $ 51,500 Capital Outlay $ 1,229,100 Total Funds Budgeted $ 39,849,175 State Funds Budgeted $ 32,557,030 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 5,257,468 $ 1,024,016 Field Services $ 31,959,132 $ 28,907,439 Wood Energy $ 51,500 $ 51,500 General Administration and Support $ 2,581,075 $ 2,574,075 Total $ 39,849,175 $ 32,557,030

Page 92

Section 19. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 30,027,870 Operations Budget: Personal Services $ 21,068,876 Regular Operating Expenses $ 1,999,529 Travel $ 600,075 Motor Vehicle Purchases $ 827,000 Publications and Printing $ 119,845 Equipment $ 574,000 Computer Charges $ 857,000 Real Estate Rentals $ 1,775,757 Telecommunications $ 1,373,841 Per Diem, Fees and Contracts $ 40,000 Evidence Purchased $ 479,000 Utilities $ 93,000 Postage $ 73,000 Capital Outlay $ 146,947 Total Funds Budgeted $ 30,027,870 Total State Funds Budgeted $ 30,027,870 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 2,988,153 $ 2,988,153 Drug Enforcement $ 5,859,937 $ 5,859,937 Investigative $ 10,029,995 $ 10,029,995 Georgia Crime Information Center $ 5,469,699 $ 5,469,699 Total $ 24,347,784 $ 24,347,784 Forensic Sciences Division Budget Personal Services $ 4,456,586 Regular Operating Expenses $ 477,900 Travel $ 39,000 Motor Vehicle Purchases $ 93,000 Publications and Printing $ 8,000 Equipment $ 241,000 Computer Charges $ 140,000 Telecommunications $ 117,000 Per Diem, Fees and Contracts $ 19,000 Utilities $ 35,000 Postage $ 5,000 Capital Outlay $ 48,600 Total Funds Budgeted $ 5,680,086 Total State Funds Budgeted $ 5,680,086 Section 20. Georgia State Financing and Investment Commission . Budget Unit: Georgia State Financing and Investment Commission $ 9,000,000 Departmental Operations Budget: Personal Services $ 1,037,718 Regular Operating Expenses $ 31,100 Travel $ 9,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 1,200 Equipment $ 3,000 Computer Charges $ 12,000 Real Estate Rentals $ 99,344 Telecommunications $ 11,000 Per Diem, Fees and Contracts $ 115,000 Authority Bond Defeasement $ 9,000,000 Total Funds Budgeted $ 10,319,362 State Funds Budgeted $ 9,000,000 Section 21. Office of the Governor . Budget Unit: Office of the Governor $ 17,076,589 Personal Services $ 8,050,353 Regular Operating Expenses $ 286,140 Travel $ 176,679 Motor Vehicle Purchases $ 0 Publications and Printing $ 152,729 Equipment $ 83,009 Computer Charges $ 168,300 Real Estate Rentals $ 640,014 Telecommunications $ 198,632 Per Diem, Fees and Contracts $ 60,758,920 Cost of Operations $ 2,613,891 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,599,000 Intern Stipends and Travel $ 153,000 Art Grants of State Funds $ 2,540,000 Art Grants of Non-State Funds $ 402,424 Humanities Grant - State Funds $ 50,000 Total Funds Budgeted $ 78,913,091 State Funds Budgeted $ 17,076,589 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 5,405,891 $ 5,405,891 Office of Fair Employment Practices $ 752,652 $ 691,439 Office of Planning and Budget $ 4,093,733 $ 3,991,152 Council for the Arts $ 3,538,826 $ 3,000,581 Office of Consumer Affairs $ 1,909,650 $ 1,909,650 State Energy Office $ 59,508,656 $ 313,239 Consumer's Utility Counsel $ 511,834 $ 511,834 Criminal Justice Coordinating Council $ 580,293 $ 391,293 Juvenile Justice Coordinating Council $ 1,791,949 $ 216,770 Vocational Education Advisory Council $ 342,497 $ 167,630 Commission on Children and Youth $ 265,129 $ 265,129 Growth Strategies Commission $ 180,000 $ 180,000 Human Relations Commission $ 31,981 $ 31,981 Total $ 78,913,091 $ 17,076,589 Section 22. Department of Human Resources . A. Budget Unit: Departmental Operations $ 396,891,111 1. General Administration and Support Budget: Personal Services $ 45,657,983 Regular Operating Expenses $ 2,204,440 Travel $ 1,286,100 Motor Vehicle Purchases $ 0 Publications and Printing $ 272,941 Equipment $ 565,287 Computer Charges $ 2,689,935 Real Estate Rentals $ 4,579,748 Telecommunications $ 932,329 Per Diem, Fees and Contracts $ 36,559,251 Utilities $ 290,700 Postage $ 899,288 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 0 Payments to DMA - Community Care $ 7,235,000 Service Benefits for Children $ 7,170,574 Special Purpose Contracts $ 215,000 Total Funds Budgeted $ 110,558,576 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 47,642,826 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 762,303 $ 762,303 Administrative Appeals $ 1,178,302 $ 1,178,302 Administrative Policy, Coordination, and Direction $ 302,836 $ 302,836 Personnel $ 8,485,265 $ 8,442,739 Indirect Cost $ 0 $ (6,810,954) Facilities Management $ 4,736,274 $ 3,407,539 Public Affairs $ 473,034 $ 473,034 Community/Intergovernmental Affairs $ 497,862 $ 497,862 Budget Administration $ 1,561,735 $ 1,561,735 Financial Services $ 4,873,344 $ 4,673,344 Auditing Services $ 1,857,762 $ 1,857,762 Special Projects $ 495,000 $ 495,000 Office Of Children and Youth $ 7,192,614 $ 6,840,706 Planning Councils $ 449,249 $ 133,579 Community Services Block Grant $ 9,338,344 $ 0 Regulatory Services - Program Direction and Support $ 689,251 $ 689,251 Child Care Licensing $ 2,218,790 $ 2,198,790 Laboratory Improvement $ 791,704 $ 463,935 Health Care Facilities Regulation $ 2,842,518 $ 781,705 Compliance Monitoring $ 386,617 $ 386,617 Radiological Health $ 728,811 $ 538,828 Fraud and Abuse $ 4,329,522 $ 272,973 Child Support Recovery $ 17,110,929 $ 2,290,490 Support Services $ 2,870,264 $ 2,657,664 Aging Services $ 35,214,534 $ 12,428,074 State Health Planning and Development Agency $ 1,171,712 $ 1,118,712 Total $ 110,558,576 $ 47,642,826 2. Public Health Budget: Personal Services $ 38,888,757 Regular Operating Expenses $ 50,854,272 Travel $ 1,056,873 Motor Vehicle Purchases $ 20,000 Publications and Printing $ 318,995 Equipment $ 467,154 Computer Charges $ 993,281 Real Estate Rentals $ 668,180 Telecommunications $ 587,850 Per Diem, Fees and Contracts $ 17,279,125 Utilities $ 0 Postage $ 86,410 Crippled Children Clinics $ 559,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Midwifery Program Benefits $ 1,830,000 Crippled Children Benefits $ 7,142,000 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,532,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,299,000 Family Planning Benefits $ 302,000 Grant-In-Aid to Counties $ 53,220,094 Purchase of Service Contracts $ 562,000 Special Purpose Contracts $ 6,345,000 Total Funds Budgeted $ 196,403,786 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 115,717,453

Page 98

Public Health Functional Budgets Total Funds State Funds Director's Office $ 698,995 $ 501,770 Employees' Health $ 327,570 $ 292,570 Health Program Management $ 1,170,290 $ 1,085,290 Vital Records $ 1,981,216 $ 1,882,088 Health Services Research $ 648,182 $ 425,364 Primary Health Care $ 779,546 $ 751,631 Stroke and Heart Attack Prevention $ 1,907,366 $ 1,377,366 Epidemiology $ 1,904,541 $ 851,462 Immunization $ 469,330 $ 0 Sexually Transmitted Diseases $ 1,515,840 $ 260,012 Community Tuberculosis Center $ 1,284,709 $ 1,284,709 Family Health Management $ 10,283,550 $ 4,523,730 Infant and Child Health $ 8,412,706 $ 8,266,652 Maternal Health - Perinatal $ 201,445 $ 0 Family Planning $ 9,763,335 $ 4,943,351 Malnutrition $ 53,135,760 $ 0 Dental Health $ 1,659,801 $ 1,449,626 Children's Medical Services $ 11,411,296 $ 9,199,353 Chronic Disease $ 1,334,123 $ 1,334,123 Diabetes $ 628,316 $ 628,316 Cancer Control $ 3,454,168 $ 3,454,168 Environmental Health $ 967,710 $ 428,938 Laboratory Services $ 4,679,543 $ 4,554,543 Emergency Health $ 2,563,665 $ 1,403,362 District Health Administration $ 9,520,453 $ 9,390,778 Newborn Follow-Up Care $ 1,239,337 $ 827,387 Sickle Cell, Vision and Hearing $ 1,197,366 $ 1,197,366 High-Risk Pregnant Women and Infants $ 7,747,022 $ 7,747,022 Grant in Aid to Counties $ 50,525,054 $ 45,193,902 Community Health Management $ 2,275,096 $ 1,377,580 Community Care $ 2,716,455 $ 1,084,994 Total $ 196,403,786 $ 115,717,453 3. Rehabilitation Services Budget: Personal Services $ 59,191,401 Regular Operating Expenses $ 12,121,844 Travel $ 773,769 Motor Vehicle Purchases $ 162,000 Publications and Printing $ 129,100 Equipment $ 1,371,785 Computer Charges $ 2,005,156 Real Estate Rentals $ 2,220,525 Telecommunications $ 1,469,410 Per Diem, Fees and Contracts $ 5,409,617 Utilities $ 963,200 Capital Outlay $ 25,000 Postage $ 485,680 Institutional Repairs and Maintenance $ 43,200 Case Services $ 20,823,918 E.S.R.P. Case Services $ 50,000 Special Purpose Contracts $ 332,000 Purchase of Services Contracts $ 5,883,156 Total Funds Budgeted $ 113,460,761 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,533,515 Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,498,823 $ 1,504,494 Grants Management $ 662,427 $ 550,225 State Rehabilitation Facilities $ 7,570,521 $ 1,453,369 Roosevelt Warm Springs Institute $ 16,487,140 $ 4,143,593 Georgia Factory for the Blind $ 14,834,937 $ 577,338 Disability Adjudication $ 28,995,901 $ 0 Production Workshop $ 1,012,901 $ 0 District Field Services $ 32,983,367 $ 6,880,280 Independent Living $ 461,243 $ 261,243 Sheltered Employment $ 1,332,345 $ 541,817 Community Facilities $ 5,211,256 $ 5,211,256 Bobby Dodd Workshop $ 409,900 $ 409,900 Total $ 113,460,761 $ 21,533,515 4. Family and Children Services Budget: Personal Services $ 13,063,819 Regular Operating Expenses $ 368,970 Travel $ 397,600 Motor Vehicle Purchases $ 0 Publications and Printing $ 909,158 Equipment $ 104,181 Computer Charges $ 14,190,236 Real Estate Rentals $ 226,015 Per Diem, Fees and Contracts $ 8,343,824 Telecommunications $ 933,300 Utilities $ 9,100 Postage $ 1,161,830 Cash Benefits $ 270,354,296 Grants to County DFACS - Operations $ 162,479,464 Service Benefits for Children $ 43,174,233 Special Purpose Contracts $ 3,303,331 Total Funds Budgeted $ 519,019,357 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 211,997,317 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,408,000 $ 0 AFDC Payments $ 256,818,238 $ 91,466,684 SSI - Supplemental Benefits $ 4,000 $ 4,000 Energy Benefits $ 12,978,058 $ 0 County DFACS Operations - Social Services $ 44,563,531 $ 23,442,281 County DFACS Operations - Eligibility $ 69,216,101 $ 34,576,066 County DFACS Operations - Joint and Administration $ 41,011,682 $ 20,841,285 County DFACS Operations - Homemakers Services $ 6,099,507 $ 5,518,107 Food Stamp Issuance $ 3,100,000 $ 0 Director's Office $ 818,867 $ 818,867 Administrative Support $ 3,780,764 $ 3,187,639 Regional Administration $ 3,580,239 $ 3,580,239 Public Assistance $ 5,340,927 $ 2,031,143 Management Information Systems $ 16,711,307 $ 6,577,265 Social Services $ 2,149,146 $ 2,114,102 Indirect Cost $ 0 $ (8,799,001) Employability Benefits $ 1,629,230 $ 946,443 Legal Services $ 1,325,000 $ 1,100,000 Family Foster Care $ 18,888,840 $ 12,397,563 Institutional Foster Care $ 1,919,914 $ 1,443,769 Specialized Foster Care $ 485,700 $ 280,757 Adoption Supplement $ 2,759,300 $ 2,226,704 Day Care $ 18,102,680 $ 3,285,528 Home Management - Contracts $ 150,000 $ 48,816 Outreach - Contracts $ 737,000 $ 233,836 Special Projects $ 1,075,227 $ 1,070,627 Program Support $ 2,777,456 $ 2,612,456 County DFACS Operations - Employability Program $ 1,558,643 $ 992,141 Total $ 519,019,357 $ 211,997,317 Budget Unit Object Classes : Personal Services $ 156,801,960 Regular Operating Expenses $ 65,549,526 Travel $ 3,514,342 Motor Vehicle Purchases $ 182,000 Publications and Printing $ 1,630,194 Equipment $ 2,508,407 Computer Charges $ 19,878,608 Real Estate Rentals $ 7,694,468 Telecommunications $ 3,922,889 Per Diem, Fees and Contracts $ 67,591,817 Utilities $ 1,263,000 Postage $ 2,633,208 Capital Outlay $ 25,000 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,142,000 Crippled Children Clinics $ 559,000 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,532,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 5,299,000 Family Planning Benefits $ 302,000 Midwifery Program Benefits $ 1,830,000 Grant-In-Aid to Counties $ 53,220,094 Payments to DMA-Community Care $ 7,235,000 Service Benefits for Children $ 50,344,807 Case Services $ 20,823,918 E.S.R.P. Case Services $ 50,000 Cash Benefits $ 270,354,296 Grants for County DFACS - Operations $ 162,479,464 Institutional Repairs and Maintenance $ 43,200 Special Purpose Contracts $ 10,195,331 Purchase of Service Contracts $ 6,445,156 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 420,165,394 Departmental Operations: Personal Services $ 334,365,954 Regular Operating Expenses $ 32,551,367 Travel $ 907,896 Motor Vehicle Purchases $ 377,895 Publications and Printing $ 165,908 Equipment $ 3,942,262 Computer Charges $ 4,253,385 Real Estate Rentals $ 656,487 Telecommunications $ 2,791,606 Per Diem, Fees and Contracts $ 34,315,081 Utilities $ 14,396,011 Postage $ 266,400 Capital Outlay $ 1,407,063 Authority Lease Rentals $ 2,119,055 Institutional Repairs and Maintenance $ 3,270,056 Grants to County-Owned Detention Centers $ 1,941,430 Substance Abuse Community Services $ 1,102,000 Mental Retardation Community Services $ 91,686,730 Mental Health Community Services $ 11,904,902 Community Mental Health Center Services $ 74,763,682 Total Funds Budgeted $ 617,185,170 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 420,165,394 Community Mental Health/Mental Retardation , Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 33,773,897 $ 22,481,149 Georgia Retardation Center $ 29,160,919 $ 14,884,226 Georgia Mental Health Institute $ 23,980,096 $ 20,961,071 Georgia Regional Hospital at Augusta $ 18,813,434 $ 16,025,816 Northwest Regional Hospital at Rome $ 24,866,999 $ 18,973,112 Georgia Regional Hospital at Atlanta $ 27,476,050 $ 21,264,801 Central State Hospital $ 115,386,329 $ 79,923,389 Georgia Regional Hospital at Savannah $ 21,622,351 $ 18,235,934 Gracewood State School and Hospital $ 43,140,167 $ 22,820,892 West Central Georgia Regional Hospital $ 18,889,023 $ 15,122,278 Outdoor Therapeutic Program $ 1,967,766 $ 1,815,486 Mental Health Community Assistance $ 8,099,997 $ 8,099,997 Mental Retardation Community Assistance $ 3,126,079 $ 2,322,418 Day Care Centers for Mentally Retarded $ 68,749,489 $ 34,042,869 Supportive Living $ 11,601,871 $ 7,298,827 Georgia State Foster Grandparents/Senior Companion Program $ 587,394 $ 573,148 Project Rescue $ 386,609 $ 223,609 Drug Abuse Contracts $ 1,102,000 $ 1,102,000 Community Mental Health Center Services $ 74,763,682 $ 32,541,225 Project ARC $ 361,376 $ 361,376 Metro Drug Abuse Centers $ 1,652,922 $ 1,358,922 Group Homes for Autistic Children $ 262,890 $ 262,890 Project Friendship $ 303,031 $ 303,031 Community Mental Retardation Staff $ 3,521,190 $ 3,204,945 Community Mental Retardation Residential Services $ 17,744,582 $ 12,685,504 Contract with Clayton County Board of Education for Autistic Children $ 73,200 $ 73,200 MH/MR/SA Administration $ 7,655,617 $ 6,601,746 MH/MR/SA Indirect Cost $ 0 $ (383,006) Regional Youth Development Centers $ 16,511,062 $ 16,106,062 Milledgeville State YDC $ 9,105,866 $ 8,761,655 Augusta State YDC $ 6,396,843 $ 6,326,108 Atlanta State YDC $ 3,395,853 $ 3,290,339 Macon State YDC $ 3,559,381 $ 3,462,981 Court Services $ 9,577,827 $ 9,577,827 Community Treatment Centers $ 2,394,686 $ 2,394,686 Day Centers $ 810,795 $ 810,795 Group Homes $ 620,408 $ 620,408 Purchased Services $ 2,893,245 $ 2,850,824 Runaway Investigation Interstate Compact $ 608,334 $ 608,334 Assessment and Classification $ 369,439 $ 369,439 Youth Services Administration $ 1,872,471 $ 1,805,081 Total $ 617,185,170 $ 420,165,394 Section 23. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 19,406,467 State Operations Budget: Personal Services $ 6,300,845 Regular Operating Expenses $ 969,000 Travel $ 316,000 Motor Vehicle Purchases $ 18,000 Publications and Printing $ 340,000 Equipment $ 82,000 Computer Charges $ 184,500 Real Estate Rentals $ 538,700 Telecommunications $ 210,000 Per Diem, Fees and Contracts $ 464,000 Postage $ 186,000 Local Welcome Center Contracts $ 230,000 Advertising and Cooperative Advertising $ 4,700,000 Georgia Ports Authority Authority Lease Rentals $ 2,745,000 Historic Chattahoochee Commission Contract $ 80,000 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 $ 2,800,000 Contract - Georgia Association of Broadcasters $ 53,000 Southern Center for International Studies $ 25,000 Capital Outlay $ 0 Total Funds Budgeted $ 20,352,045 State Funds Budgeted $ 19,406,467 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 8,623,258 $ 7,807,680 Economic Development $ 4,603,462 $ 4,573,462 Tourism $ 7,125,325 $ 7,025,325 Total $ 20,352,045 $ 19,406,467

Page 109

Section 24. Department of Insurance . Budget Unit: Office of Insurance Commissioner $ 9,479,169 Operations Budget: Personal Services $ 8,625,783 Regular Operating Expenses $ 366,500 Travel $ 237,500 Motor Vehicle Purchases $ 13,000 Publications and Printing $ 140,500 Equipment $ 66,067 Computer Charges $ 377,101 Real Estate Rentals $ 525,718 Telecommunications $ 175,400 Per Diem, Fees and Contracts $ 117,500 Total Funds Budgeted $ 10,645,069 State Funds Budgeted $ 9,479,169 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,477,886 $ 1,477,886 Insurance Regulation $ 2,545,351 $ 2,439,366 Industrial Loans Regulation $ 545,494 $ 545,494 Information and Enforcement $ 1,745,800 $ 1,745,800 Fire Safety and Mobile Home Regulations $ 4,330,538 $ 3,270,623 Total $ 10,645,069 $ 9,479,169 Section 25. Department of Labor . Budget Unit: Department of Labor $ 5,765,174 State Operations: Personal Services $ 59,920,440 Regular Operating Expenses $ 9,375,901 Travel $ 1,167,655 Motor Vehicle Purchases $ 0 Publications and Printing $ 65,582 Equipment $ 449,000 Computer Charges $ 3,216,570 Real Estate Rentals $ 2,453,694 Telecommunications $ 1,601,283 Per Diem, Fees and Contracts (JTPA) $ 61,002,822 Per Diem, Fees and Contracts $ 471,500 W.I.N. Grants $ 0 Payments to State Treasury $ 400,000 Capital Outlay $ 2,500,000 Total Funds Budgeted $ 142,624,447 State Funds Budgeted $ 5,765,174 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 2,981,784 $ 1,047,211 Administrative Services $ 17,951,559 $ 2,118,883 Employment and Training Programs $ 121,691,104 $ 2,599,080 Total $ 142,624,447 $ 5,765,174 Section 26. Department of Law . Budget Unit: Department of Law $ 7,556,594 Attorney General's Office Budget: Personal Services $ 6,609,651 Regular Operating Expenses $ 340,000 Travel $ 128,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 38,000 Equipment $ 38,600 Computer Charges $ 183,651 Real Estate Rentals $ 402,692 Telecommunications $ 80,000 Per Diem, Fees and Contracts $ 45,000 Books for State Library $ 110,000 Total Funds Budgeted $ 7,975,594 State Funds Budgeted $ 7,556,594

Page 111

Section 27. Department of Medical Assistance . Budget Unit: Medicaid Services $ 358,722,506 Departmental Operations Budget: Personal Services $ 10,057,082 Regular Operating Expenses $ 281,011 Travel $ 161,959 Motor Vehicle Purchases $ 11,000 Publications and Printing $ 69,300 Equipment $ 56,229 Computer Charges $ 10,692,103 Real Estate Rentals $ 925,973 Telecommunications $ 364,375 Per Diem, Fees and Contracts $ 14,332,151 Postage $ 109,500 Medicaid Benefits, Penalties and Disallowances $ 1,060,817,875 Payments to Counties for Mental Health $ 16,513,900 Audit Contracts $ 772,500 Total Funds Budgeted $ 1,115,164,958 State Funds Budgeted $ 358,722,506 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,159,692 $ 499,470 Program Management $ 17,814,537 $ 2,583,592 Systems Management $ 13,011,488 $ 3,467,913 Administration $ 2,214,504 $ 304,094 Program Integrity $ 3,632,962 $ 1,518,049 Benefits, Penalties and Disallowances $1,077,331,775 $ 350,349,388 Total $1,115,164,958 $ 358,722,506

Page 112

Section 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 15,796,135 Departmental Operations Budget: Personal Services $ 6,154,813 Regular Operating Expenses $ 204,550 Travel $ 69,000 Publications and Printing $ 263,000 Equipment $ 76,300 Computer Charges $ 1,921,428 Real Estate Rentals $ 754,382 Telecommunications $ 80,300 Per Diem, Fees and Contracts $ 35,594,820 Postage $ 214,000 Health Insurance Payments $ 328,047,321 Total Funds Budgeted $ 373,379,914 Agency Assessments $ 7,843,148 Employee and Employer Contributions $ 349,688,474 Deferred Compensation $ 52,157 State Funds $ 15,796,135 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,110,514 $ 0 Classification and Compensation $ 912,837 $ 0 Program Evaluation and Audit $ 730,775 $ 0 Employee Training and Development $ 1,138,511 $ 0 Health Insurance Administration $ 9,225,154 $ 0 Health Insurance Claims $ 355,937,321 $ 15,796,135 Internal Administration $ 2,015,084 $ 0 Commissioner's Office $ 1,309,718 $ 0 Total $ 373,379,914 $ 15,796,135 Section 29. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 71,768,230 Operations Budget: Personal Services $ 48,391,599 Regular Operating Expenses $ 8,874,524 Travel $ 498,025 Motor Vehicle Purchases $ 1,749,083 Publications and Printing $ 559,000 Equipment $ 1,949,977 Computer Charges $ 508,620 Real Estate Rentals $ 1,685,280 Telecommunications $ 989,992 Per Diem, Fees and Contracts $ 1,284,789 Postage $ 334,386 Land and Water Conservation Grants $ 2,000,000 Recreation Grants $ 655,000 Grant-Chehaw Park Authority $ 500,000 Grant - Zoo Atlanta $ 500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 300,000 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,974,438 Capital Outlay - Shop Stock - Parks $ 300,000 Capital Outlay-Heritage Trust $ 211,500 Authority Lease Rentals $ 1,106,000 Cost of Material for Resale $ 1,418,000 Payments to Lake Lanier Islands Development Authority $ 800,575 Contract - Special Olympics, Inc. $ 206,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 450,000 Capital Outlay - User Fee Enhancements - Parks $ 1,535,000 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 287,000 Capital Outlay - Hazardous Waste Site Acquisition $ 2,000,000 Technical Assistance Contract $ 125,000 Capital Outlay $ 765,250 Contract - Georgia Rural Water Association $ 10,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 149,405 Advertising and Promotion $ 100,000 Payments to Georgia Agricultural Exposition Authority $ 526,700 Historic Preservation Grant $ 150,000 Environmental Facilities Grant $ 8,000,000 Non-Game Wildlife Habitat Fund $ 150,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 38,000 Paving at State Parks and Historic Sites $ 500,000 Total Funds Budgeted $ 91,785,143 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 $ 71,768,230 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 7,103,905 $ 6,735,155 Game and Fish $ 24,512,507 $ 21,222,892 Parks, Recreation and Historic Sites $ 30,926,326 $ 18,224,862 Environmental Protection $ 27,642,471 $ 24,064,387 Coastal Resources $ 1,599,934 $ 1,520,934 Total $ 91,785,143 $ 71,768,230 B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 2,822,875 Regular Operating Expenses $ 2,072,400 Travel $ 26,500 Motor Vehicle Purchases $ 69,500 Publications and Printing $ 64,150 Equipment $ 84,400 Computer Charges $ 22,000 Real Estate Rentals $ 17,000 Telecommunications $ 66,200 Per Diem, Fees and Contracts $ 84,600 Capital Outlay $ 0 Boat Replacement Expense $ 178,350 Total Funds Budgeted $ 5,507,975 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 4,981,275 $ 0 Georgia Agricultural Exposition Authority $ 526,700 $ 0 Total $ 5,507,975 $ 0 Section 30. Board of Post-Secondary Vocational Education . Budget Unit: Board of Postsecondary Vocational Education $ 99,062,296 Board of Postsecondary Vocational Education Budget: Personal Services $ 2,325,044 Regular Operating Expenses $ 158,000 Travel $ 57,000 Motor Vehicle Purchases $ 9,000 Publications and Printing $ 40,000 Equipment $ 20,000 Computer Charges $ 104,000 Real Estate Rentals $ 265,000 Telecommunications $ 46,000 Per Diem, Fees and Contracts $ 897,500 Utilities $ 15,000 Personal Services-Institutions $ 32,983,533 Operating Expenses-Institutions $ 8,446,396 Capital Outlay $ 3,300,000 Quick Start Program $ 4,300,000 Area School Program $ 45,706,195 Regents Program $ 2,415,816 Teachers' Retirement $ 7,314,712 Teachers' Health Insurance $ 3,062,100 Total Funds Budgeted $ 111,465,296 State Funds Budgeted $ 99,062,296 Institutions Functional Budgets Total Funds State Funds Administration $ 3,936,544 $ 2,807,544 Institutional Programs $ 107,528,752 $ 96,254,752 Total $ 111,465,296 $ 99,062,296 Section 31. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 67,901,758 Operations Budget: Personal Services $ 50,414,735 Regular Operating Expenses $ 6,449,160 Travel $ 137,500 Motor Vehicle Purchases $ 3,069,000 Publications and Printing $ 630,000 Equipment $ 1,185,806 Computer Charges $ 3,474,000 Real Estate Rentals $ 13,000 Telecommunications $ 1,141,010 Per Diem, Fees and Contracts $ 208,470 Postage $ 1,095,375 Conviction Reports $ 225,000 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 359,502 Driver License Processing $ 949,200 Total Funds Budgeted $ 69,551,758 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 67,901,758 Public Safety Functional Budgets Total Funds State Funds Administration $ 15,976,158 $ 14,476,158 Driver Services $ 12,811,352 $ 12,811,352 Field Operations $ 40,764,248 $ 40,614,248 Total $ 69,551,758 $ 67,901,758 B. Budget Unit: Units Attached for Administrative Purposes Only $ 12,077,530 Attached Units Budget: Personal Services $ 5,207,176 Regular Operating Expenses $ 2,005,784 Travel $ 156,850 Motor Vehicle Purchases $ 131,600 Publications and Printing $ 71,456 Equipment $ 171,563 Computer Charges $ 362,281 Real Estate Rentals $ 151,722 Telecommunications $ 158,850 Per Diem, Fees and Contracts $ 1,306,078 Postage $ 39,655 Peace Officers Training Grants $ 2,643,377 Highway Safety Grants $ 3,500,000 Capital Outlay $ 810,000 Total Funds Budgeted $ 16,716,392 State Funds Budgeted $ 12,077,530

Page 118

Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,033,264 $ 266,632 Georgia Peace Officers Standards and Training $ 4,248,030 $ 4,045,630 Police Academy $ 907,768 $ 845,284 Fire Academy $ 1,098,028 $ 847,532 Georgia Firefighters Standards and Training Council $ 415,803 $ 415,803 Organized Crime Prevention Council $ 335,385 $ 309,885 Georgia Public Safety Training Facility $ 5,678,114 $ 5,346,764 Total $ 16,716,392 $ 12,077,530 Section 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 13,572,600 Departmental Operations Budget: Payments to Employees' Retirement System $ 242,600 Employer Contributions $ 13,330,000 Total Funds Budgeted $ 13,572,600 State Funds Budgeted $ 13,572,600 Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 7,232,781 Departmental Operations Budget: Personal Services $ 5,518,888 Regular Operating Expenses $ 405,967 Travel $ 202,459 Motor Vehicle Purchases $ 235,200 Publications and Printing $ 33,500 Equipment $ 105,919 Computer Charges $ 258,125 Real Estate Rentals $ 296,220 Telecommunications $ 123,000 Per Diem, Fees and Contracts $ 1,250,000 Total Funds Budgeted $ 8,429,278 State Funds Budgeted $ 7,232,781 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,321,050 $ 1,321,050 Transportation $ 3,199,522 $ 2,113,167 Utilities $ 3,908,706 $ 3,798,564 Total $ 8,429,278 $ 7,232,781 Section 34. Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 633,457,082 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 659,941,020 Sponsored Operations $ 90,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 181,694,971 Sponsored Operations $ 105,000,000 Office of Minority Business Enterprise $ 321,481 Special Desegregation Programs $ 356,959 Authority Lease Rentals $ 14,044,793 Research Consortium $ 500,000 Eminent Scholars Program $ 250,000 Capital Outlay $ 630,000 Total Funds Budgeted $ 1,052,739,224 Departmental Income $ 22,000,000 Sponsored Income $ 195,000,000 Other Funds $ 199,254,842 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 633,457,082 B. Budget Unit: Regents Central Office and Other Organized Activities $ 135,417,421 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 170,551,806 Sponsored Operations $ 54,640,269 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 74,398,975 Sponsored Operations $ 21,336,281 Fire Ant and Environmental Toxicology Research $ 265,251 Agricultural Research $ 1,635,164 Advanced Technology Development Center $ 1,188,859 Capitation Contracts for Family Practice Residency $ 2,635,750 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 654,239 SREB Payments $ 11,966,100 Medical Scholarships $ 697,748 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 644,618 CRT INC. Contract at Georgia Tech Research Institute $ 173,000 Total Funds Budgeted $ 344,127,790 Departmental Income $ 0 Sponsored Income $ 75,976,550 Other Funds $ 132,178,119 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 135,417,421 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,837,107 $ 1,125,683 Skidaway Institute of Oceanography $ 2,814,535 $ 1,427,904 Marine Institute $ 1,386,330 $ 815,631 Georgia Tech Research Institute $ 87,693,751 $ 11,281,989 Engineering Extension Division $ 5,269,765 $ 1,770,774 Agricultural Experiment Station $ 46,690,101 $ 31,057,468 Cooperative Extension Service $ 44,745,980 $ 29,819,180 Eugene Talmadge Memorial Hospital $ 120,565,675 $ 30,415,912 Veterinary Medicine Experiment Station $ 2,735,358 $ 2,735,358 Veterinary Medicine Teaching Hospital $ 2,237,849 $ 435,262 Joint Board of Family Practice $ 5,533,945 $ 5,533,945 Georgia Radiation Therapy Center $ 1,537,429 $ 0 Athens and Tifton Veterinary Laboratories $ 2,115,755 $ 34,105 Regents Central Office $ 18,964,210 $ 18,964,210 Total $ 344,127,790 $ 135,417,421 C. Budget Unit: Georgia Public Telecommunications Commission $ 7,856,109 Public Telecommunications Commission Budget: Personal Services $ 4,844,948 Operating Expenses $ 6,828,500 Total Funds Budgeted $ 11,673,448 Other Funds $ 3,817,339 State Funds Budgeted $ 7,856,109 Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 63,899,456 Operations Budget: Personal Services $ 40,205,561 Regular Operating Expenses $ 1,324,528 Travel $ 1,425,925 Motor Vehicle Purchases $ 263,000 Publications and Printing $ 2,429,155 Equipment $ 382,500 Computer Charges $ 7,339,575 Real Estate Rentals $ 2,562,453 Telecommunications $ 601,759 Per Diem, Fees and Contracts $ 215,000 County Tax Officials/Retirement and FICA $ 1,645,000 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 5,570,000 Postage $ 2,350,000 Total Funds Budgeted $ 67,744,456 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 63,899,456 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 3,710,777 $ 3,710,777 Internal Administration $ 8,658,047 $ 8,458,047 Electronic Data Processing $ 3,974,230 $ 3,756,230 Field Services $ 13,618,141 $ 13,318,141 Income Tax Unit $ 7,015,226 $ 6,058,226 Motor Vehicle Unit $ 17,139,009 $ 15,507,009 Central Audit Unit $ 5,655,563 $ 5,655,563 Property Tax Unit $ 3,912,452 $ 3,831,452 Sales Tax Unit $ 4,061,011 $ 3,604,011 Total $ 67,744,456 $ 63,899,456 Section 36. Secretary of State . Budget Unit: Secretary of State $ 19,429,131 Personal Services $ 12,488,214 Regular Operating Expenses $ 1,694,401 Travel $ 226,000 Motor Vehicle Purchases $ 109,900 Publications and Printing $ 428,200 Equipment $ 176,600 Computer Charges $ 394,300 Real Estate Rentals $ 2,136,570 Telecommunications $ 260,300 Per Diem, Fees and Contracts $ 650,146 Election Expenses $ 500,000 Postage $ 364,500 Total Funds Budgeted $ 19,429,131 State Funds Budgeted $ 19,429,131 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,781,886 $ 2,781,886 Archives and Records $ 4,447,476 $ 4,447,476 Corporations Regulation $ 1,796,855 $ 1,796,855 Elections and Campaign Disclosure $ 1,158,075 $ 1,158,075 Securities Regulation $ 1,485,022 $ 1,485,022 Drugs and Narcotics $ 837,435 $ 837,435 State Ethics Commission $ 194,940 $ 194,940 Occupational Certification $ 6,727,442 $ 6,727,442 Total $ 19,429,131 $ 19,429,131 Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 194,741 $ 381,961 S.B. of Architects $ 74,377 $ 153,281 S.B. of Athletic Trainers $ 635 $ 3,384 Georgia Auctioneers Commission $ 6,597 $ 36,196 S.B. of Barbers $ 11,356 $ 134,596 G.B. of Chiropractic Examiners $ 16,883 $ 94,398 State Construction Industry Licensing Board $ 77,130 $ 421,929 S.B. of Cosmetology $ 42,156 $ 728,294 G.B. of Dentistry $ 51,250 $ 236,905 G.B. of Examiners of Licensed Dieticians $ 13,539 $ 25,267 S.B. of Professional Engineers and Land Surveyors $ 55,747 $ 292,847 S.B. of Registration for Foresters $ 3,595 $ 32,108 S.B. of Funeral Services $ 21,462 $ 166,787 S.B. of Registration for Professional Geologists $ 3,688 $ 18,907 S.B. of Hearing Aid Dealers and Dispensers $ 6,551 $ 19,792 G.B. of Landscape Architects $ 21,374 $ 34,635 S.B. for the Certification of Librarians $ 2,872 $ 15,261 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 30,958 $ 98,743 Composite S.B. of Medical Examiners $ 147,223 $ 1,141,058 S.B. of Nursing Home Administrators $ 11,942 $ 42,282 G.B. of Nursing $ 71,044 $ 778,712 S.B. of Dispensing Opticians $ 8,497 $ 31,977 S.B. of Examiners in Optometry $ 16,571 $ 56,620 S.B. of Occupational Therapy $ 8,256 $ 16,916 S.B. of Pharmacy $ 79,556 $ 450,269 S.B. of Physical Therapy $ 12,265 $ 46,350 S.B. of Podiatry Examiners $ 6,649 $ 25,801 S.B. of Polygraph Examiners $ 6,632 $ 41,656 G.B. of Examiners of Licensed Practical Nurses $ 48,634 $ 442,775 G.B. of Private Detective and Security Agencies $ 12,622 $ 333,196 S.B. of Examiners of Psychologists $ 14,461 $ 70,864 S.B. of Recreation Examiners $ 5,488 $ 21,953 S.B. of Examiners for Speech Pathology and Audiology $ 6,501 $ 30,511 S.B. of Registration for Used Car Dealers $ 14,003 $ 174,370 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 8,564 $ 37,833 S.B. of Veterinary Medicine $ 41,874 $ 109,437 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 7,385 $ 133,695 Total $ 1,163,078 $ 6,881,566 B. Budget Unit: Real Estate Commission $ 1,426,312 Real Estate Commission Budget: Personal Services $ 776,412 Regular Operating Expenses $ 112,900 Travel $ 12,000 Motor Vehicle Purchases $ 22,500 Publications and Printing $ 26,000 Equipment $ 9,200 Computer Charges $ 300,200 Real Estate Rentals $ 53,800 Telecommunications $ 13,800 Per Diem, Fees and Contracts $ 99,500 Total Funds Budgeted $ 1,426,312 State Funds Budgeted $ 1,426,312 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,426,312 $ 1,466,812 Section 37. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 18,650,542 Administration Budget: Personal Services $ 3,456,101 Regular Operating Expenses $ 215,090 Travel $ 58,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 112,000 Equipment $ 21,300 Computer Charges $ 309,540 Telecommunications $ 122,600 Per Diem, Fees and Contracts $ 18,000 Payment of Interest and Fees $ 382,500 Guaranteed Educational Loans $ 3,400,000 Tuition Equalization Grants $ 12,302,000 Student Incentive Grants $ 4,933,500 Law Enforcement Personnel Dependents' Grants $ 42,000 North Georgia College ROTC Grants $ 116,000 Osteopathic Medical Loans $ 179,900 Georgia Military Scholarship Grants $ 256,100 Total Funds Budgeted $ 25,924,631 State Funds Budgeted $ 18,650,542

Page 128

Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 4,312,631 $ 0 Higher Education Assistance Corporation $ 382,500 $ 275,000 Georgia Student Finance Authority $ 21,229,500 $ 18,375,542 Total $ 25,924,631 $ 18,650,542 Section 38. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,371,017 Soil and Water Conservation Budget: Personal Services $ 690,582 Regular Operating Expenses $ 99,000 Travel $ 49,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 22,000 Equipment $ 8,000 Computer Charges $ 3,000 Real Estate Rentals $ 35,039 Telecommunications $ 16,000 Per Diem, Fees and Contracts $ 126,000 County Conservation Grants $ 322,396 Total Funds Budgeted $ 1,371,017 State Funds Budgeted $ 1,371,017 Section 39. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,150,000 Departmental Operations Budget: Personal Services $ 2,441,102 Regular Operating Expenses $ 70,000 Travel $ 25,000 Publications and Printing $ 55,000 Equipment $ 9,000 Computer Charges $ 791,800 Real Estate Rentals $ 288,500 Telecommunications $ 85,000 Per Diem, Fees and Contracts $ 262,900 Postage $ 88,000 Cost-of-Living Increases for Local Retirement System Members $ 2,135,000 Floor Fund for Local Retirement Systems $ 1,015,000 Total Funds Budgeted $ 7,266,302 State Funds Budgeted $ 3,150,000 Section 40. Department of Transportation . Budget Unit: Department of Transportation $ 444,009,430 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 198,278,521 Regular Operating Expenses $ 48,328,975 Travel $ 1,716,271 Motor Vehicle Purchases $ 1,016,000 Publications and Printing $ 470,084 Equipment $ 3,289,301 Computer Charges $ 2,085,232 Real Estate Rentals $ 1,289,059 Telecommunications $ 1,955,802 Per Diem, Fees and Contracts $ 9,250,600 Capital Outlay $ 518,519,312 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,355,000 Capital Outlay - Airport Development $ 1,370,000 Mass Transit Grants $ 9,654,629 Savannah Harbor Maintenance Payments $ 799,250 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 8,850,000 G.O. Debt Sinking Fund $ 31,000,000 Total Funds Budgeted $ 857,862,049 State Funds Budgeted $ 444,009,430 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 565,082,159 $ 200,451,260 Maintenance and Betterments $ 216,453,036 $ 198,023,328 Facilities and Equipment $ 4,317,032 $ 3,641,032 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 18,571,307 $ 18,196,307 Total $ 813,740,547 $ 429,628,940 General Funds Budget Total Funds State Funds Grants to Municipalities $ 9,317,000 $ 317,000 Paving at State and Local Schools and State Institutions $ 900,000 $ 900,000 Paving at State Parks and Historic Sites $ 106,000 $ 106,000 Air Transportation $ 2,143,544 $ 1,663,544 Inter-Modal Transfer Facilities $ 16,818,208 $ 5,407,196 Harbor Maintenance Activities $ 14,836,750 5,986,750 Total $ 44,121,502 $ 14,380,490 Section 41. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 16,942,176 Departmental Operations Budget: Personal Services $ 4,212,979 Regular Operating Expenses $ 49,571 Travel $ 82,000 Motor Vehicle Purchases $ 0 Publications and Printing $ 21,000 Equipment $ 117,000 Computer Charges $ 2,402 Real Estate Rentals $ 212,113 Telecommunications $ 58,000 Per Diem, Fees and Contracts $ 15,400 Capital Outlay $ 0 Postage $ 33,000 Operating Expense/Payments to Central State Hospital $ 9,877,806 Operating Expense/Payments to Medical College of Georgia $ 5,226,155 Regular Operating Expenses for Projects and Insurance $ 235,000 Total Funds Budgeted $ 20,142,426 State Funds Budgeted $ 16,942,176 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,704,465 $ 4,468,940 Veterans Home and Nursing Facility - Milledgeville $ 10,118,806 $ 8,270,081 Veterans Nursing Home - Augusta $ 5,319,155 $ 4,203,155 Total $ 20,142,426 $ 16,942,176

Page 132

Section 42. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 6,844,856 Operations Budget: Personal Services $ 5,433,404 Regular Operating Expenses $ 113,231 Travel $ 61,500 Motor Vehicle Purchases $ 0 Publications and Printing $ 63,000 Equipment $ 70,230 Computer Charges $ 287,991 Real Estate Rentals $ 523,000 Telecommunications $ 90,500 Per Diem, Fees and Contracts $ 157,500 Postage $ 84,500 Total Funds Budgeted $ 6,884,856 State Funds Budgeted $ 6,844,856 Section 43. State of Georgia General Obligation Debt Sinking Fund . A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 143,627,884 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) $ 107,471,094 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 for 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 133

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 for 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 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 ten 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.

Page 134

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, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 50. Provisions Relative to Section 13, Department of Community Affairs . Provided that of the $1,000,000 appropriated for development of a Middle Georgia airport, no funds shall be disbursed or contractually obligated prior to voter ratification in Bibb County of a sales tax to finance such development. Section 51. Provisions Relative to Section 14, Department of Corrections . The Department of Corrections shall pay each county donating land $500 per acre or the actual cost per acre, whichever is less, for no more than 200 acres per county. Section 52. Provisions Relative to Section 16, State Board of Education-Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,371.00. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. From the Appropriations in Section 16 (State Board of Education, Department of Education) relative to personal services, the Department is authorized to use funds not to exceed $177,000 for upgrading positions within the Department. From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low-Incidence Grants to finance the direct instructional costs for low-incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of

Page 135

Education policy IDDF and may not exceed $500,000 for FY 1988. From the Appropriations in Section 16, funds in the amount of up to $352,000 are set-aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Section 53. Provisions Relative to Section 17, Employees' Retirement System . The Employees' Retirement System is authorized to increase the employer contribution rate by eighteen one-hundredths of one percent of salaries to fund one and and one-half percent cost-of-living increases on July 1, 1987, and January 1, 1988. Section 54. Provisions Relative to Section 20, Georgia State Financing and Investment Commission . Provided that of the $9,000,000 appropriated for authority bond defeasement, any portion thereof not required for the defeasement of Georgia Education Authority (University) bonds shall be utilized by Georgia State Financing and Investment Commission to defease other Authority issues, or to retire other Authority or State General Obligation Debt.

Page 136

In the event any property acquired by the proceeds of bonds issued for projects and purposes of the World Congress Center is to be utilized for the construction of any athletic facility which will be used in whole or in part by any professional sports franchise, then any lease or other agreement for such use by such professional sports franchise shall not become effective until and unless such lease or other agreement is approved by the Fiscal Affairs Subcommittees of the House and Senate meeting jointly as one committee. Such subcommittees shall not approve any such lease or other agreement unless such lease or other agreement meets the conditions and requirements stated in HR 746 of the 1988 Regular Session of the Georgia General Assembly, as passed the House. Section 55. Provisions Relative to Section 22, Department of Human Resources . The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 71.75% 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 $145 2 306 220 3 366 263 4 432 310 5 494 354 6 536 385 7 580 416 8 616 442 9 648 465 10 694 498 11 742 532 From the appropriation in Section 22 (Department of Human Resources) relating to the Georgia State Foster Grandparent and Senior Companion Program, not more than $25,000 is to be expended for administrative cost of the program.

Page 137

Central State Hospital and Gracewood State Hospital are authorized to transfer available surplus funds of no more than $125,000 each to the Department of Corrections to provide appropriate security coverage for inmate labor at these Hospitals. Provided, that of the above appropriation relating to services for Alzheimer's clients, funding shall be distributed on a cost-per-slot basis, which shall not exceed the rates set by the Department of Medical Assistance. It is the intent of this General Assembly to [Illegible Text] as a minimum, subject to authorization by the Office [Illegible Text] and Budget, the same level of direct treatment [Illegible Text] in the [Illegible Text] care and forensic programs of the MH MR [Illegible Text] [Illegible Text] for fiscal year 1988 that was authorized in fiscal year [Illegible Text] The Department of Human Resources is authorized to utilize up to $1,232,010 of additional VR section 110 funds for the purpose of expanding the Head Injury Program. Section 56. Provisions Relative to Section 28, Merit System of Personnel Administration . The Department is authorized to assess no more than $144.84 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 1988 shall not exceed eight percent (8.00%). Section 57. Provisions Relative to Section 29, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 29 (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 29. From the appropriation in Section 29 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities

Page 138

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. The the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 29, 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. Section 58. Provisions Relative to Section 34, Regents, University System of Georgia . 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 it is the intent of this General Assembly that the Board of Regents shall proceed to develop plans for the improvement and enhancement of the facilities of the Medical College of Georgia. Section 59. Provisions Relative to Section 30 Board of Postsecondary Education . None of the State funds appropriated in Section 30 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education. Provided further, it is the intent of the General Assembly to authorize a course in plumbing at Columbus Vocational Tech. Section 60. Provisions Relative to Section 40 Department of Transportation . As authorized in the amended General Appropriations Acts for State Fiscal Year 1981 and 1985, $246,500,000 in principal

Page 139

amount of General Obligation bonds were sold for advance construction of the Interstate System. Debt service on these bonds is being provided from General Fund Appropriations or Federal Interstate payback funds and $221,850,000 (90%) is to be repaid to the State from Federal Interstate Funds. $82,748,573 has been repaid leaving a balance due of $139,101,427. A$50,000,000 payment shall be applied during the State Fiscal Year 1988 to the $139,101,427 balance due leaving a principal balance due of $89,101,427 to be repaid to the State on Bonds that have been issued for advance construction of the Interstate System. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) 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. b.) 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. c.) 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. d.) 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, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to

Page 140

appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) 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. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Section 61 . In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture, and there is hereby appropriated $6,964,400 for the purpose of providing operating funds for the State physical health laboratories ($125,000 Budget Unit A) and for State mental health/mental retardation institutions ($6,839,400 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 62 . 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 63 . Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating

Page 141

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 64 . 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 65 . 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.

Page 142

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 66 . 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 expenditures as contemplated in this Appropriations Act. Section 67 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 68 . No State funds in this appropriation shall be paid to on behalf of Georgia Indigent Legal Services or its affilates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly. Section 69 . 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 existing lease contracts 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. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other

Page 143

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. Section 70 . (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1988 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes 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 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. (b.) (1.) For purposes of this section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Publications and Printing, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for

Page 144

the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 71 . Wherever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, 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 72 . There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such [Illegible Text] appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless [Illegible Text] by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 73. Provisions Relative to Section 43 State of Georgia General Obligation Debt Sinking Fund . With regard to the appropriations in Section 43 for State of Georgia General Obligation Debt Sinking Fund (New), the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:

Page 145

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $10,800,000 is specifically appropriated for the purpose of financing a program of a Developmental Highways of the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,280,000 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 the demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,800,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water and sewage systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the modernization of the main paper machine of the Herty Foundation and to finance any other improvements associated with such purchase and installation, by means of the demolition, acquisition, construction, development, extension, enlargement

Page 146

and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the purpose of financing a facility at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, which may be used in conjunction with research in paper chemistry and paper technology, by means of the demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $384,000 is specifically appropriated for the purpose of financing a laundry facility at Gracewood State School and Hospital of the Department of Human Resources, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,480,000 is specifically appropriated for the purpose of financing asbestos abatement and removal and office relocation, renovation, acquisition and improvement projects of Georgia Building Authority at No. 1 Peachtree Street and in the vicinity of Capitol Hill in the City of Atlanta, Georgia, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment

Page 147

and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $792,000 is specifically appropriated for the purpose of financing educational facilities for the Board Education of Camden County by means of a grant by the Department of Community Affairs, through the issuance of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,560,000 is specifically appropriated for the purpose of financing facilities for the State Board of Postsecondary Vocational Education, to wit: an Augusta Technical Institution Health Occupations Building, with a maximum principal amount authorization of $2,300,000; major repairs at State vocational institutes, with a maximum principal amount authorization of $3,200,000, and major repairs and equipment at the North Georgia and South Georgia Technical Institutes, with a maximum principal amount authorization of $1,000,000, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $792,000 is specifically appropriated for the purpose of financing an additional housing unit at Burruss Correctional Institution of the Department of Corrections, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance

Page 148

of not more than $3,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $360,000 is specifically appropriated for the purpose of financing facilities of the Department of Corrections at Lowndes and Ware Correctional Institutions to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $757,200 is specifically appropriated for the purpose of financing the design of a new park in North Georgia for the Department of Natural Resources and for financing facilities of the Department of Natural Resources, to wit: golf courses at Georgia Veterans State Park and Gordonia-Altamaha State Park, a new picnic area and renovation of the existing day use area at Indian Springs State Park and picnic area and other improvements at Hard Labor Creek State Park, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,155,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $312,000 is specifically appropriated for the purpose of financing improvements to and modifications of facilities at Northwest Regional Hospital of the Department of Human Resources, to be undertaken by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land,

Page 149

property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $696,000 is specifically appropriated for the purpose of financing rail facilities, boundary extensions and other improvements of Stone Mountain Memorial Association, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $204,000 is specifically appropriated for the purpose of financing a diversion center for the Department of Corrections, in Dekalb County, with a maximum principal amount authorization of $850,000, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,470,000 is specifically appropriated for the purpose of financing land acquisition for the Department of Industry and Trade at the George L. Smith II Georgia World Congress Center, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.

Page 150

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,890,000 is specifically appropriated for the purpose of financing expansion and facilities of the George L. Smith II Georgia World Congress Center, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $420,000 is specifically appropriated for the purpose of financing facilities of the Department of Natural Resources for the project provided for by the Georgia Agricultural Exposition Authority Act, specifically in connection with O.C.G.A 12-2-484, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,575,000 is specifically appropriated for the purpose of financing acquisition of land for wildlife management and for public fishing areas of the Department of Natural Resources through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,021,250 is specifically appropriated for the State Board of Education for the purpose of financing 25 public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through

Page 151

the issuance of not more than $19,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,803,750 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, to wit: at Gainesville College, with a maximum principal amount authorization of $4,500,000, at Kennesaw College, with a maximum principal amount authorization of $9,500,000, at Georgia State University, with a maximum principal amount authorization of $22,750,000, at Albany State College, with a maximum principal amount authorization of $6,000,000, and at Georgia Southern University, with a maximum principal authorization amount of $3,000,000, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $45,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,310,000 is specifically appropriated for the purpose of financing a prison facility for the Department of Corrections in Telfair County, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,496,000 is specifically appropriated for the purpose of financing four detention centers for the Department of Corrections, by means of demolition, acquisition, construction, development,

Page 152

extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and independent school systems, to wit: for regular capital outlay funding for 48 systems and regular advance capital outlay funding for 8 systems, with a maximum principal amount authorization of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,585,500 is specifically appropriated for the purpose of financing a prison facility for the Department of Corrections in Hancock County, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,050,000 is specifically appropriated for the purpose of financing a facility in which to establish a manufacturing research center at the Georgia Institute of Technology of the Board of Regents of the University System of Georgia, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more

Page 153

than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $360,000 is specifically appropriated for the purpose of financing the renovation of the Department of Corrections, by means of demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 74. Delayed Hiring Factor by Department . Agriculture $ 10,500 Corrections A $ 738,387 Corrections B $ 403,380 GBI $ 8,690 Office of the Governor $ 2,200 DHR A $ 3,033,005 DHR B $ 5,183,000 Georgia Insurance Comm. $ 5,390 Merit System of Pers. Admin. $ 46,842 Public Safety A $ 370,000 Revenue $ 42,634 Section 75 . It is the intent of this General Assembly that existing sinking fund balances be utilized for Debt Service on the obligations of the Georgia Building Authority(Penal). Section 76 . TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1988.....$ 5,936,113,339

Page 154

Section 77 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 78 . 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 his approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 25, 1988. STATE OFFICIALSCOMPENSATION. Code Section 45-7-4 Amended. No. 826 (House Bill No. 1342). 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 compensation of certain state 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 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries and allowances of

Page 155

certain state officials, is amended by striking paragraph (2) through paragraph (21) of subsection (a) thereof and substituting new paragraphs (2) through (21) to read as follows: (2) Lieutenant Governor 54,920.00 (3) Adjutant general The adjutant general shall continue to receive the pay and allowances under the same procedure as provided by law. (4) Commissioner of Agriculture 67,756.00 (5) Attorney General 69,315.00 (6) State auditor 67,236.00 (7) Commissioner of Insurance 67,744.00 (8) Commissioner of corrections 65,677.00 (9) Commissioner of Labor 67,756.00 The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (10) Each member of the State Board of Pardons and Paroles 65,157.00 (11) Each member of the Public Service Commission 65,190.00 (12) State revenue commissioner 66,437.00 (13) State School Superintendent 69,315.00 (14) Secretary of State 67,756.00 (15) Commissioner of veterans service 67,363.00 The above amount of salary for the commissioner of veterans service shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government. (16) Commissioner of banking and finance 65,678.00 (17) Commissioner of administrative services 65,676.00 (17.1) Chairman of the State Board of Workers' Compensation 65,154.00 (17.2) Each member of the State Board of Workers' Compensation other than the chairman 64,119.00 (18) Each Justice of the Supreme Court 78,550.00 (19) Each Judge of the Court of Appeals 77,982.00 (20) Each superior court judge 65,519.00 Each superior court judge shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law. (21) Each district attorney 58,256.00 Each district attorney shall also receive any supplement paid to him by the county or counties of his judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law.

Page 157

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 February 29, 1988. CORPORATIONSFAILURE OR REFUSAL TO FILE ANNUAL REPORT; PENALTIES; INVOLUNTARY DISSOLUTION. Code Sections 14-2-410 and 14-3-330 Amended. No. 827 (House Bill No. 1631). AN ACT To amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report; 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 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be

Page 158

required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283. Section 2 . Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217. 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 3, 1988. CORPORATIONSBUSINESS COMBINATIONS, MERGERS, AND CONSOLIDATIONS OF RESIDENT DOMESTIC CORPORATIONS WITH INTERESTED SHAREHOLDERS. Code Title 14, Chapter 2, Article 11A Enacted. No. 829 (House Bill No. 1571). AN ACT To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the Georgia Business Corporation Code, so as to

Page 159

provide that resident domestic corporations shall not engage in certain business combinations with certain interested shareholders; to define terms; to provide exceptions; to provide for inapplicability of the foregoing unless specifically provided by corporate bylaw; to provide for related matters; to provide effective dates; to provide for repeal of certain provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I Section 1 . Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the Georgia Business Corporation Code, is amended by adding between Articles 11 and 12 a new Article 11A to read as follows: ARTICLE 11A 14-2-236. For purposes of this article, the definitions contained in Code Section 14-2-232 shall be applicable with the following exceptions: (1) For purposes of this article, a person shall not be considered to be the `beneficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-232, of: (A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or (B) Any equity securities which such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons; (2) For purposes of this article, `business combination' means:

Page 160

(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting stock; (B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter; (C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except

Page 161

pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any interested shareholder became such; (D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation; (E) Any reclassification of securities, including any reverse stock split, or recapitalization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder; or (F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries; (3) For purposes of this article and Article 11, the presumption of `control' created by paragraph (7) of Code Section 14-2-232 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation; and (4) For purposes of this article, a `resident domestic corporation' means:

Page 162

(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either: (i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state; (iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or (iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, `substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and (B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state. 14-2-237. (a) Notwithstanding any other provision of this chapter (except for the provisions of subsection (b) of this Code section and Code Section 14-2-238), a resident domestic corporation shall not engage in any business combination with any interested shareholder for a period of five years following the date that such shareholder became an interested shareholder, unless: (1) Prior to such date the resident domestic corporation's board of directors approved either the business combination or the transaction which resulted in the shareholder becoming an interested shareholder;

Page 163

(2) In the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder became the beneficial owner of at least 90 percent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors or officers, their affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or (3) Subsequent to becoming an interested shareholder, such shareholder acquired additional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corporation and the business combination was approved at an annual or special meeting of shareholders by the holders of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by (A) any director or officer of the resident domestic corporation, his affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer. (b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder have been an interested shareholder but for the inadvertent acquisition. 14-2-238. (a) The requirements of this article shall not apply to business combinations with interested shareholders

Page 164

unless the bylaws of the resident domestic corporation specifically provide that all of such requirements are applicable to the resident domestic corporation. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested shareholder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combination between the corporation and an interested shareholder of the resident domestic corporation if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the resident domestic corporation. (b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the resident domestic corporation, other than shares beneficially owned by an interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on or prior to such repeal. Once the bylaw has been repealed in accordance with this subsection, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsection (a) of this Code section. (c) Nothing contained in this article shall be deemed to limit in any manner a resident domestic corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this chapter. (d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic

Page 165

corporation to adopt a bylaw pursuant to Code Section 14-2-235. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter. (e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article. Part II Section 2 . Chapter 2 of Title 14 of the Official Code of Georgia Annotated, the Georgia Business Corporation Code, as contained in HB 1272 and enacted at the 1988 regular session of the General Assembly of Georgia is amended by adding, following Article 11 thereof a new Article 11A to read as follows: ARTICLE 11A 14-2-1131. For purposes of this article, the definitions contained in Code Section 14-2-1110 shall be applicable with the following exceptions: (1) For purposes of this article, a person shall not be considered to be the `beneficial owner,' as that term is defined in paragraph (4) of Code Section 14-2-1110, of: (A) Stock tendered pursuant to a tender or exchange offer made by such person or any of such person's affiliates or associates until such tendered stock is accepted for purchase or exchange; or (B) Any equity securities which such person or such person's affiliates or associates have the right to vote pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made to ten or more persons; (2) For purposes of this article, `business combination' means:

Page 166

(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction other than as a result of the interested shareholder's ownership of the resident domestic corporation's voting stock; (B) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transactions, to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, of any assets of the resident domestic corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the resident domestic corporation, an aggregate book value as of the end of the resident domestic corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the resident domestic corporation as of the end of such fiscal quarter; (C) The issuance or transfer by the resident domestic corporation, or any subsidiary, in one transaction or a series of transactions, of any equity securities of the resident domestic corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the resident domestic corporation whose shares are being issued to any interested shareholder or any affiliate or associate of any interested shareholder, other than the resident domestic corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the resident domestic corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares, and except

Page 167

pursuant to the exercise or conversion of securities exercisable for or convertible into shares of the resident domestic corporation, or any subsidiary, which securities were outstanding prior to the time that any interested shareholder became such; (D) The adoption of any plan or proposal for the liquidation or dissolution of the resident domestic corporation; (E) Any reclassification of securities, including any reverse stock split, or recapitalization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, directly or indirectly, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the resident domestic corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder; or (F) Any receipt by the interested shareholder, or any affiliate or associate of the interested shareholder, other than in the ordinary course of business, of the benefit, directly or indirectly (except proportionately as a resident domestic corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance or any tax credits or other tax advantages provided by or through the resident domestic corporation or any of its subsidiaries; (3) For purposes of this article and Article 11, the presumption of `control' created by paragraph (7) of Code Section 14-2-1110 shall not apply where such person holds voting stock, in good faith and not for the purpose of circumventing this article or Article 11, as an agent, bank, broker, nominee, custodian, or trustee for one or more owners who do not individually or as a group have control of the corporation; and (4) For purposes of this article, a `resident domestic corporation' means:

Page 168

(A) An issuer of voting stock which is organized under the laws of this state and which has at least 100 beneficial owners in this state and either: (i) Has its principal office located in this state; (ii) Has at least 10 percent of its outstanding voting shares beneficially owned by residents of this state; (iii) Has at least 10 percent of the holders of its outstanding voting shares beneficially owned by residents of this state; or (iv) Owns or controls assets which represents the lesser of (I) substantially all of its assets or (II) assets having a market value of at least $25 million. For purposes of this Code section, `substantially all of the corporate assets' means either one-half of the value of the assets of the corporation or the assets of the corporation located in this state which generate more than one-half of the total revenues of the corporation, all on a consolidated basis; and (B) For purposes of divisions (ii) and (iii) of subparagraph (A) of this paragraph, a holder of voting shares that is a corporation shall be deemed to be located in this state if such corporation is organized under the laws of this state. 14-2-1132. (a) Notwithstanding any other provision of this chapter (except for the provisions of subsection (b) of this Code section and Code Section 14-2-1133), a resident domestic corporation shall not engage in any business combination with any interested shareholder for a period of five years following the date that such shareholder became an interested shareholder, unless: (1) Prior to such date the resident domestic corporation's board of directors approved either the business

Page 169

combination or the transaction which resulted in the shareholder becoming an interested shareholder; (2) In the transaction which resulted in the shareholder becoming an interested shareholder, the interested shareholder became the beneficial owner of at least 90 percent of the voting stock of the resident domestic corporation outstanding at the time the transaction commenced, excluding for purposes of determining the number of shares outstanding those shares owned by: (A) persons who are directors or officers, their affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer; or (3) Subsequent to becoming an interested shareholder, such shareholder acquired additional shares resulting in the interested shareholder being the beneficial owner of at least 90 percent of the outstanding voting stock of the resident domestic corporation and the business combination was approved at an annual or special meeting of shareholders by the holders of a majority of the voting stock entitled to vote thereon, excluding from said vote, for the purpose of this paragraph only, the voting stock beneficially owned by the interested shareholder or by (A) any director or officer of the resident domestic corporation, his affiliates, or associates; (B) subsidiaries of the resident domestic corporation; and (C) employee stock plans in which employee participants do not have the right to determine confidentially whether shares held subject to the plan will be tendered in a tender or exchange offer. (b) The restrictions contained in this Code section shall not apply if a shareholder: (1) becomes an interested shareholder inadvertently; (2) as soon as practicable divests sufficient shares so that the shareholder ceases to be an interested shareholder; and (3) would not, at any time within the five-year period immediately prior to a business combination between the resident domestic corporation and such shareholder, have been an interested shareholder but for the inadvertent acquisition.

Page 170

14-2-1133. (a) The requirements of this article shall not apply to business combinations with interested shareholders unless the bylaws of the resident domestic corporation specifically provide that all of such requirements are applicable to the resident domestic corporation. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination with an interested shareholder after the date of the bylaw's adoption, provided that such bylaw shall not apply to restrict a business combination between the corporation and an interested shareholder of the resident domestic corporation if the interested shareholder became such prior to the effective date of the bylaw. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section. Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the resident domestic corporation. (b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the resident domestic corporation, other than shares beneficially owned by an interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Any action to repeal any bylaw in accordance with this subsection shall not be effective until 18 months after the shareholder vote to effect such repeal and shall not apply to any business combination between such resident domestic corporation and any person who became an interested shareholder of such resident domestic corporation on or prior to such repeal. Once the bylaw has been repealed in accordance with this subsection, the resident domestic corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsection (a) of this Code section. (c) Nothing contained in this article shall be deemed to limit in any manner a resident domestic corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this chapter.

Page 171

(d) Nothing contained in this article shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to Code Section 14-2-1113. The requirements of any bylaw adopted under this article will be in addition to the requirements of any bylaw adopted pursuant to Article 11 of this chapter. (e) Nothing contained in Article 11 of this chapter shall be construed to alter in any manner the rights of a resident domestic corporation to adopt a bylaw pursuant to this Code section. The requirements of any bylaw adopted under Article 11 of this chapter will be in addition to the requirements of any bylaw adopted pursuant to this article. Part III Section 3 . Part I of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be repealed on the date Part II of this Act becomes effective. Part II of this Act shall become effective on July 1, 1989, if House Bill 1272, which revises Chapter 2 of Title 14 of the Official Code of Georgia Annotated, is enacted at the 1988 regular session of the General Assembly of Georgia and such bill becomes law. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1988.

Page 172

HERMAN EUGENE TALMADGE TRIBUTE COMMISSIONCREATION. No. 43 (House Resolution No. 372). A RESOLUTION Creating the Herman Eugene Talmadge Tribute Commission; and for other purposes. WHEREAS, Honorable Herman Eugene Talmadge, former United States Senator and Governor of the State of Georgia, became one of Georgia's most influential leaders; and WHEREAS, born in Telfair County in 1913, Herman Talmadge graduated from the University of Georgia School of Law and achieved an outstanding scholastic record throughout his education; and WHEREAS, he courageously served our state and county during World War II and was honorably discharged from the Navy as a Lieutenant Commander; and WHEREAS, he gained great political experience from managing his father's campaigns for Governor, later serving as Governor for six years and 67 days during which Georgia enjoyed unprecedented progress and vast improvements in education, transportation, forestry, health care, and social benefits; and WHEREAS, his 24 years as a United States Senator, serving during the terms of six presidents, earned him great respect from his colleagues in the Congress of the United States and, as Chairman of the Agriculture and Forestry Committee and Vice Chairman of the Finance Committee of the Senate, his positive impact on the economy and trade policies of the United States benefitted all Americans; and WHEREAS, the results of his dedicated public service are still felt throughout the United States and the State of Georgia; and WHEREAS, it is fitting and proper that a proper tribute be created as a lasting testimony to his contributions to Georgia and the United States.

Page 173

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Herman Eugene Talmadge Tribute Commission to be composed of six members as follows: two members shall be private citizens appointed by the Governor; two members shall be private citizens appointed by the Speaker of the House of Representatives; and two members shall be private citizens appointed by the President of the Senate. The Governor shall designate one of his appointees as chairman of the commission. The commission is hereby empowered to provide for the creation of an appropriate tribute on state property to Honorable Herman Eugene Talmadge. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site shall not be on the outside grounds of the State Capitol building and that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall be financed through voluntary contributions and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished. Approved March 3, 1988.

Page 174

GEORGE T. BAGBY STATE PARK DESIGNATED. No. 44 (House Resolution No. 696). A RESOLUTION Naming the George T. Bagby State Park; and for other purposes. WHEREAS, the Honorable George T. Bagby was born on October 26, 1920, in Dallas, Georgia, was graduated from Dallas High School, attended West Georgia College, and was graduated with a LL.B. degree from John Marshall Law School; and WHEREAS, he served as Director of the Georgia Bureau of Investigation during 1947; and WHEREAS, he served with distinction, dedication, and ability as a member of the House of Representatives, representing Paulding County, in 1947 and 1948, from 1955 through 1960, and from 1962 through 1966; and WHEREAS, the Honorable George T. Bagby served as sergeant at arms of the Senate of the State of Georgia during 1961; and WHEREAS, he served in the following offices: Director of the State Game and Fish Commission, February 9, 1967 to January 13, 1971; Director of the State Parks Department, January 13, 1971, to May 1, 1972; and Deputy Commissioner of the State Department of Natural Resources, May 1, 1972, until his retirement from the Department of Natural Resources on December 31, 1975; and in all of these positions his outstanding talents and devotion to duty contributed greatly to the quality of life enjoyed by all Georgians; and WHEREAS, his many important accomplishments during this service are far too numerous to set out in full here, but they included the defeat of an attempt to mine phosphates on the Georgia coast, the acquisition by the state of the Arrowhead Hatchery, the preservation of the natural state of the Alcovy River, and the acquisition by the state of Sapelo Island as a wildlife refuge; and

Page 175

WHEREAS, upon his retirement from state service he returned to his home in Dallas, Georgia, where he currently practices law as well as serving as judge of the municipal courts of the Cities of Dallas and Hiram; and WHEREAS, he is widely known throughout the State of Georgia for the many significant contributions which he has made in providing the citizens of Georgia with outstanding recreational and fishing and hunting opportunities; and WHEREAS, the Honorable George T. Bagby served as a member of the U.S. Delegation to the Bahama Fisheries Negotiations in 1970, was named Georgian of the Year in 1969 by the Georgia Association of Broadcasters, was elected Water Conservationist of the Year in 1970 by the Georgia Sportsman's Federation, and was selected by a national outdoor magazine, Outdoor Life , as winner of the publication's 1970 Conservation Award; and WHEREAS, the State of Georgia is currently developing a new state park on Lake Walter F. George in Clay County and said park should be appropriately named; and WHEREAS, this facility will serve all citizens of this state by providing a setting for persons to gather, confer, and enjoy fellowship in the scenic, natural beauty of southwest Georgia; and WHEREAS, the Honorable George T. Bagby has served all citizens of this state by his devoted service in the Georgia General Assembly, as Director of the Game and Fish Commission, as Director of State Parks, and as Deputy Commissioner of the Department of Natural Resources, and by his personal accomplishments as an outstanding conservationist. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the new state park on Lake Walter F. George in Clay County shall be named and hereafter known as the George T. Bagby State Park. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate

Page 176

copies of this resolution to the Honorable George T. Bagby and to the Board of Natural Resources. Approved March 4, 1988. RICHMOND COUNTY BOARD OF HEALTHCONVEYANCE OF ESTATE FOR YEARS IN STATE OWNED REAL PROPERTY. No. 45 (House Resolution No. 811). A RESOLUTION Authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia or the Georgia Building Authority (Hospital) in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia or Georgia Building Authority (Hospital) is the owner of certain real property located in Richmond County, Georgia, hereinafter referred to as the premises, which real property is more fully described as follows: All that tract of real property consisting of 150.28 acres and constituting grounds of Georgia Regional Hospital in Richmond County, Georgia, as shown on that certain plat dated August 18, 1986, entitled Plat for Georgia Regional Hospital and from said plat being more particularly described as follows: COMMENCING at the intersection of the west right-of-way line of Georgia Route No. 56 (a 100 foot right-of-way) with the north right-of-way line of Phinizy Road; thence, along said right-of-way a distance of 3172.45 feet to an open top pin, 34 inch, found, the POINT OF BEGINNING; thence South 87 degrees 12 minutes 17 seconds West a distance

Page 177

of 4222.34 feet to a concrete marker found on the east right-of-way line of Louisville Road (Reformatory Road) (a 60 foot right-of-way); thence North 27 degrees 21 minutes 20 seconds East a distance of 877.32 feet to a No. 5 rod set; thence North 27 degrees 42 minutes 34 seconds East a distance of 1202.60 feet to a No. 9 rod found; thence, South 73 degrees 51 minutes 17 seconds East a distance of 1317.91 feet to a No. 5 rod set; thence North 15 degrees 45 minutes 07 East a distance of 582.81 feet to an iron pin found; thence South 82 degrees 03 minutes 27 seconds East a distance of 1747.41 feet to a No. 4 rod found on the west right-of-way line of Georgia State Highway No. 56 (a 100 foot right-of-way); thence along said right-of-way South 02 degrees 00 minutes 00 seconds East a distance of 1671.65 feet to an open pin tie, 3/4 inch, found, the POINT OF BEGINNING; and WHEREAS, the Richmond County Department of Health, a body corporate and politic created by an Act approved August 22, 1931 (Ga. L. 1931, p. 661), as amended, and which acts as the Richmond County Board of Health, hereinafter referred to as the board of health, desires to obtain an estate for years of 50 years in a 13.5 acre parcel to be subdivided from the premises for the purpose of constructing or having constructed a facility for the East Central Georgia Community Mental Health, Mental Retardation, and Substance Abuse Center; and WHEREAS, the premises are in the custody of the Department of Human Resources of the State of Georgia and constitute grounds of its Georgia Regional Hospital - Augusta. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The premises are owned by Georgia Building Authority (Hospital) or may now or in the future be owned by the State of Georgia, in whole or in part. In all matters relating to the conveyance of an estate for years authorized by this resolution, where the property is owned by the state, the State of Georgia shall act by and through the State Properties Commission.

Page 178

Section 2 . The Georgia Building Authority (Hospital) or, in the proper case, the State Properties Commission, is authorized to convey or let to the Richmond County Board of Health an estate for years or a usufruct in the premises with a term not to exceed 50 years and a parcel size of not more than 13.5 acres. The estate for years or usufruct shall be for the purpose of constructing or having constructed a facility for the East Central Georgia Community Mental Health, Mental Retardation, and Substance Abuse Center. The consideration for the conveyance shall be $1.00. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The term of the estate for years or usufruct and the means of ingress and egress shall be subject to the prior approval of the Board of Human Resources. Section 3 . The Georgia Building Authority (Hospital) or the State Properties Commission shall determine the location of the parcel within the premises and shall cause the parcel to be described by appropriate plat of survey. Section 4 . This resolution 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 resolution are repealed. Approved March 10, 1988.

Page 179

CITY OF DALTONRELEASE OF RESTRICTIONS IN QUITCLAIM DEED FROM THE STATE OF GEORGIA. No. 46 (House Resolution No. 653). A RESOLUTION Authorizing the release of certain restrictions and limitations on use of real property contained in the October 3, 1985, quitclaim deed from the State of Georgia to the City of Dalton, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on October 3, 1985, the State of Georgia conveyed by quitclaim deed the hereinafter described real property to the City of Dalton, Georgia, as authorized by Resolution Act No. 49, H.R. 504, approved March 14, 1984 (Ga. L. 1984, p. 489); and WHEREAS, said real property was conveyed to the City of Dalton with certain restrictions and limitations as to its use; and WHEREAS, said real property is described as follows: A portion of the Western and Atlantic Railroad Freight Depot Lot lying and being in Land Lot 219 of the 12th District, 3rd Section, Whitfield County, Georgia, and described as a portion of parcel no. 6 of the Western and Atlantic Railroad Valuation Map No. V2/S.47 as filed in the State of Georgia Archives Building, Fulton County, Georgia (said property shall be more particularly described by a plat of survey prepared by a Georgia registered land surveyor furnished to the state by the City of Dalton); and WHEREAS, the City of Dalton is interested in using said real property in a manner not permitted by those certain restrictions and limitations as to its use in the quitclaim deed from the state; and

Page 180

WHEREAS, the property is not useful to or needed by the State of Georgia and is, therefore, surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That, in all matters relating to the conveyance of the above-described 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 the State Properties Commission, is authorized to convey its remaining interest in said real property by quitclaim deed to the City of Dalton, thereby releasing the present restrictions and limitations as to use of the real property, for a consideration of $100,000.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 3 . That a plat of said real property shall not be required for filing with the State Properties Commission. Section 4 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 10, 1988.

Page 181

HAMILTON COUNTY, TENNESSEE AND THE CITY OF CHATTANOOGACONVEYANCE OF STATE OWNED REAL PROPERTY. No. 47 (House Resolution No. 578). A RESOLUTION Authorizing the conveyance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company), under certain conditions; to repeal a specific article of another Act; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the City of Chattanooga, Hamilton County, Tennessee; and WHEREAS, said real property is described as follows: All or part of that certain tract or parcel of land, lying and being in the City of Chattanooga, Tennessee, in the First Civil District, Hamilton County, Tennessee, described as all or part of the Western and Atlantic Railroad right-of-way between King Street and Central Avenue (approximately 66'x4,055') shown on Western and Atlantic Railroad Valuation Map No. V4S-1-A which is filed in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia (said property is more particularly described in a DRAWING DATED April 17, 1985, and attached to the lease dated May 13, 1985, to Norfolk Southern Railway Company on file in the office of the State Properties Commission); and WHEREAS, the State of Georgia currently has the above-described property leased to the Norfolk Southern Railway Company for $10.00 per year as authorized by Resolution Act 29, H.R. 111, approved March 28, 1985 (Ga. L. 1985, p. 577); and

Page 182

WHEREAS, the lease dated May 13, 1985, was approved by the State Properties Commission at its regular meeting on May 7, 1985; and WHEREAS, Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, desire to acquire the above-described tract; and WHEREAS, the State Properties Commission at its meeting of September 24, 1987, approved the sale of the above described property to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, and recommended that it be approved by appropriate legislative action in the 1988 regular session of the Georgia General Assembly. 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 sale of such real property the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State Properties Commission is authorized to sell the above-described property located in the City of Chattanooga, Hamilton County, Tennessee, subject to the lease agreement with the Norfolk Southern Railway Company, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee, for a consideration of $200,000.00 and upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 3 . That, if the sale and conveyance of property authorized by this resolution has not been executed prior to April 1, 1989, this resolution shall stand repealed in its entirety on April 1, 1989, and all provisions of this resolution shall be deemed to be void and of no effect. Section 4 . That Article 2 of Resolution Act 33, H.R. 252, approved April 2, 1987 (Ga. L. 1987, p. 730), which reads as follows: Article 2. Section 2. (a) That the State of Georgia is the owner of the above-described real property located in the City of

Page 183

Chattanooga, Hamilton County, Tennessee, and that in all matters relating to the sale of such real property which is the subject of the lease the State of Georgia is acting by and through its State Properties Commission. (b) That the State Properties Commission is authorized to sell the above-described property located in the City of Chattanooga, Hamilton County, Tennessee, subject to the lease agreement with the Southern Railway Company, to the Tennessee Valley Railroad Museum for a consideration equal to the fair market value of such property as determined by the State Properties Commission and upon such other terms and conditions as shall be prescribed by the State Properties Commission. (c) That, if the sale and conveyance of property authorized by this article has not been executed prior to January 1, 1989, this article shall stand repealed in its entirety on January 1, 1989, and all provisions of this article shall be deemed to be void and of no effect., is hereby repealed in its entirety. Section 5 . That this resolution shall become effective as law immediately 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. Approved March 10, 1988.

Page 184

OGLETHORPE POWER CORPORATIONEASEMENT OVER STATE OWNED PROPERTY IN BALDWIN COUNTY. No. 48 (Senate Resolution No. 277). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a 155 kV transmission line over or under property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lots 267 and 268 of the 1st Land District of Baldwin County, Georgia, which is in the custody of the State Properties Commission and utilized as part of the Milledgeville-Baldwin County Recreational Area under a lease agreement dated November 19, 1971, as authorized by Resolution Act 45 adopted by the 1971 General Assembly; and WHEREAS, Oglethorpe Power Corporation desires to construct a 115 kV transmission line over or under a portion of said property; and WHEREAS, this 115 kV transmission line over or under a portion of said property will be beneficial to the State of Georgia and Oglethorpe Power Corporation; and WHEREAS, the Milledgeville-Baldwin County Recreation Commission has approved this easement area as having no detrimental effect on the lease agreement between the commission and the state dated November 19, 1971, and expiring July 25, 2021. 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, hereinafter 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.

Page 185

Section 2 . That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a 115 kV transmission line over or under the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a 115 kV transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 267 and 268, 1st District of Baldwin County, Georgia, and is more particularly described as follows: That portion and that portion only that is shown and delineated in read on a drawing entitled Cedar Creek 115 kV Transmission Line, Oglethorpe Power Corporation Parcel No. 3Easement Boundary Plat, by Roland McCann, containing 1.85 acres and being approximately 25[UNK] wide and 2,812[UNK] long, 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, repairing, replacing, inspecting, and operating said 115 kV transmission line. Section 4 . That Oglethorpe Power Corporation shall not permit any person except Oglethorpe Power Corporation employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That Oglethorpe Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said 115 kV transmission line. Section 6 . That, after Oglethorpe Power Corporation has constructed and put into use the 115 kV transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges,

Page 186

powers, and easement granted herein. Upon abandonment, Oglethorpe Power Corporation, its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. Section 7 . That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation. Section 8 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Oglethorpe Power Corporation shall remove or relocate its facilities at its sole cost and expense. Section 9 . That the easement granted to Oglethorpe Power Corporation shall contain such other reasonable terms, conditions, and convenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 10 . 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 115 kV transmission line. Section 11 . 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 12 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval.

Page 187

Section 13 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 10, 1988. AMERICAN TELEPHONE AND TELEGRAPH COMPANYEASEMENT UNDER STATE OWNED PROPERTY IN PAULDING COUNTY. No. 49 (Senate Resolution No. 282). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of a lightguide cable under property owned by the State of Georgia in Paulding 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 Lots 969, 970, 974, and 975, 3rd Land District of Paulding County, Georgia, which is in the custody of the Department of Natural Resources and utilized as part of Pickett's Mill Historic State Park; and WHEREAS, American Telephone and Telegraph Company (ATT) 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 to the State of Georgia and ATT. 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, hereinafter referred to as the easement area and that, in all matters relating to the

Page 188

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, its successors and assigns, a nonexclusive 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 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 Lots 969, 970, 974, and 975, 3rd District, 3rd Section, Paulding 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 1.712 acres (20[UNK]x3,812[UNK]) 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, repairing, replacing, inspecting, and operating an underground communications cable. Section 4 . That ATT shall not permit any person except ATT employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That ATT shall have the right to remove or cause to be removed 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 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, its successors and assigns, shall have the option of removing its facilities from the easement

Page 189

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, and, except as herein specifically granted to ATT, 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. Section 8 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, ATT shall remove or relocate its facilities at its sole cost and expense. Section 9 . That the easement granted to ATT shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 10 . That the consideration for such easement shall be $6,850.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said lightguide cable. Section 11 . 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 12 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 13 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 10, 1988.

Page 190

ARTHUR T. BACON BRIDGE DESIGNATED. No. 50 (Senate Resolution No. 356). A RESOLUTION Designating the Arthur T. Bacon Bridge; and for other purposes. WHEREAS, Arthur T. Bacon was a distinguished public official and long-standing citizen of Cobb County and the State of Georgia; and WHEREAS, Mr. Bacon served as Mayor of Smyrna for three terms, as a City Councilman, and as a member of the Cobb County Planning and Zoning Board; and WHEREAS, he served his county with honor and bravery during World War II, including daring exploits while engaged in combat during the Battle of the Bulge, and received several military decorations for meritorious service; and WHEREAS, his exceptional leadership and dedication to improving the governmental and community affairs of the City of Smyrna and the surrounding area have greatly benefited the citizenry and enhanced the economic development of this community, and it is only fitting to designate a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate the bridge located on Atlanta Road at Windy Hill Road in Cobb County, Georgia, as the Arthur T. Bacon 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 appropriate copies of this resolution to the commissioner of the Department of Transportation and the family of Arthur T. Bacon. Approved March 10, 1988.

Page 191

JAMES G. CONNELL BRIDGE DESIGNATED. No. 51 (Senate Resolution No. 376). A RESOLUTION Designating the James G. Connell Bridge; and for other purposes. WHEREAS, James G. Connell served with distinction, dedication, and ability as a member of the board of commissioners of Cook County from January 1, 1969, until his death in September, 1987; and WHEREAS, during his tenure on the board of commissioners he served as chairman of the board for six years and vice chairman for eight years and was active in promoting the sale of the county hospital, paving roads, and construction of the new library, day care center, and courthouse addition; and WHEREAS, he was a member and trustee of the Crossroads Wesleyan Church; and WHEREAS, he was the devoted husband of Mrs. Myrtle Grimsley Connell and the father of four outstanding children. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 7 over the CSX Railroad between Adel and Sparks in Cook County is designated as the James G. Connell Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating such bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and Mrs. Myrtle Grimsley Connell. Approved March 10, 1988.

Page 192

HILL WILBANKS MEMORIAL BRIDGE DESIGNATED. No. 52 (Senate Resolution No. 245). A RESOLUTION Designating the Hill Wilbanks Memorial Bridge; and for other purposes. WHEREAS, Hill Wilbanks was an outstanding citizen of Murray County and the State of Georgia; and WHEREAS, he served for 31 years as a justice of the peace in the Doolittle District and for 40 years as a member of the Democratic Executive Committee of Murray County; and WHEREAS, he served as a trustee of the Murray County School System; and WHEREAS, he was an active member of the Ramhurst Community Club; and WHEREAS, he expressed his love for people by coaching several community baseball and softball teams and by serving as an inspiration to generations of local youth; and WHEREAS, it is only fitting and proper that the many contributions of Hill Wilbanks should be recognized in a tangible fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Hill Wilbanks Road beginning on U. S. Highway 411, three miles south of the City of Chatsworth in Murray County and extending approximately two and one-half miles to the Old Federal Road spanning the L N Railroad is designated the Hill Wilbanks Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Hill Wilbanks Memorial Bridge.

Page 193

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 10, 1988. GEORGIA POWER COMPANYEASEMENT OVER STATE OWNED PROPERTY IN BALDWIN COUNTY. No. 53 (Senate Resolution No. 278). A RESOLUTION Granting a nonexclusive easement for construction, operation, and maintenance of an overhead transmission tap line over property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 251, 1st Land District of Baldwin County, Georgia, which is in the custody of the State Properties Commission; and WHEREAS, Georgia Power Company desires to construct, operate, and maintain an overhead transmission tap line over a portion of said property; and WHEREAS, this overhead transmission tap line over a portion of said property will be beneficial to the State of Georgia and Georgia Power Company. 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, hereinafter referred to as

Page 194

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 Georgia Power Company, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an overhead transmission tap line over the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an overhead transmission tap line, together with the right of ingress and egress over adjacent land of the State of Georgia as may reasonably be necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lot 251, 1st District, Baldwin 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 dated October 7, 1987, numbered N-379, prepared by Georgia Power Company Land Department entitled Fishing Creek Trans. Tap Line Crossing the Property of State of Georgia containing 6.728 acres, 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, repairing, replacing, inspecting, and operating an overhead transmission tap line. Section 4 . That Georgia Power Company shall not permit any person except Georgia Power Company employees, contractors, subcontractors, and agents to enter upon the premises and then only for the purposes and to the extent contemplated herein. Section 5 . That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said overhead transmission tap line. Section 6 . That, after Georgia Power Company has constructed and put into use the overhead transmission tap line

Page 195

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, Georgia Power Company, 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 Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, 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 Georgia Power Company. Section 8 . That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. Section 9 . That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 10 . That the consideration for such easement shall be $7,000.00 and the mutual benefit to the parties from the construction, operation, and maintenance of said overhead transmission tap line. Section 11 . 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.

Page 196

Section 12 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 13 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 15, 1988. WILLIAM A. DAVISCONVEYANCE OF STATE OWNED PROPERTY IN GORDON COUNTY. No. 54 (Senate Resolution No. 367). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gordon 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 Gordon County, Georgia; and WHEREAS, said real property is described as follows: A portion (200[UNK]x66[UNK]) of parcel No. 1 shown on Western Atlantic Valuation Map V2/39 (on file in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia, and in the offices of the State Properties Commission) found in Land Lot 86 in the 14th District and 3rd Section, Gordon County, Georgia (for a more complete description, purchaser shall provide a survey to be approved by the Executive Director of the State Properties Commission); and WHEREAS, the above-described property was a part of the state owned Western Atlantic Railroad right-of-way and has been abandoned and is no longer needed by the state; and

Page 197

WHEREAS, Mr. William A. Davis is desirous of obtaining a portion of the above-described real property for ingress and egress to his property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through the State Properties Commission. Section 2 . That the above-described real property shall be sold and conveyed by appropriate instrument to Mr. William A. Davis by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1,000.00 and upon such further consideration and provisions as directed by the State Properties Commission. Section 3 . That a plat of survey shall be provided by Mr. William A. Davis, suitable for recording in Gordon County, and presented to the Executive Director of the State Properties Commission for his approval. 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 15, 1988.

Page 198

APPROPRIATIONSS.F.Y. 1987-1988; STATE OF GEORGIA GENERAL OBLIGATION DEBT SINKING FUND (NEW). No. 901 (House Bill No. 216). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1987-1988, known as the General Appropriations Act, approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 25, 1988 (Act No. 823, HB 1267), so as to change certain language; 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 1987-1988, known as the General Appropriations Act, approved April 20, 1987 (Ga. L. 1987, p. 1497), as amended by an Act approved February 25, 1988 (Act No. 823, HB 1267), is amended by striking the fifth paragraph in Section 73 in its entirety and by substituting in lieu thereof a new fifth paragraph to read as follows: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $768,000 is specifically appropriated for the purpose of financing the purchase and installation of a new pulping machine and the modernization of a paper machine for the Board of Regents of the University System of Georgia and to finance any other improvements associated with such purchase and installation, by means of the demolition, acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 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 from Section 73 the words Georgia Southern University and by inserting in lieu thereof the words Georgia Southern College.

Page 199

Section 3 . Said Act is further amended by striking from Section 73 the following: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and independent school systems, to wit: for regular capital outlay funding for 48 systems and regular advance capital outlay funding for 8 systems, with a maximum principal amount authorization of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months., and inserting in lieu thereof the following: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $15,998,850 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and independent school systems, to wit: for regular capital outlay funding for 47 systems and regular advanced capital outlay funding for 8 systems and four percent (4%) planning grants to 21 systems, with a maximum principal amount authorization of $95,225,000, and for unfunded capital outlay for incentive advance funding, with a maximum principal amount authorization of $57,145,000, through the issuance of not more than $152,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 4 . Said Act is further amended by striking from Section 61 the date June 30, 1989 and by substituting in lieu thereof the date June 30, 1988. Section 5 . This Act shall become effective upon its approval by the Governor, or upon its becoming law without his approval.

Page 200

Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. GEORGIA AGRIRAMA DEVELOPMENT AUTHORITYMEMBERS; EXPENSES; TRAVEL COSTS. Code Section 2-3-5 Amended. No. 902 (House Bill No. 303). AN ACT To amend Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, so as to provide that members of the authority shall be entitled to a certain expense allowance and travel cost reimbursement in connection with the performance of their duties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 2-3-5 of the Official Code of Georgia Annotated, relating to the composition of the Georgia Agrirama Development Authority, is amended by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows: (e) The members of the authority shall receive no compensation for their services but all members shall be entitled to the expense allowance and travel cost reimbursement provided for members of certain boards and commissions pursuant to Code Section 45-7-21 while in the performance of their duties. Employees of the authority shall receive reasonable compensation for their services, the amount to be determined by the members of the authority.

Page 201

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAGEORGIA AGRICULTURAL EXPOSITION AUTHORITY; MEMBERSHIP OF OFFICERS AND EMPLOYEES. Code Section 47-2-316 Enacted. No. 903 (House Bill No. 305). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agricultural Exposition Authority shall become members of said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-316 to read as follows: 47-2-316. (a) As used in this Code section, the term `Georgia Agricultural Exposition Authority' or `authority' means the Georgia Agricultural Exposition Authority established

Page 202

by Part 8 of Article 7 of Chapter 3 of Title 12, known as the `Georgia Agricultural Exposition Authority Act.' (b) Effective on July 1, 1988, or on first becoming officers or employees of the Georgia Agricultural Exposition Authority, all such officers and employees shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (c) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Agricultural Exposition Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 203

GEORGIA CRIME INFORMATION CENTERCRIMINAL HISTORY RECORDS; DISSEMINATION; FIRST OFFENDERS; FEES; LOCAL AGENCIES. Code Sections 35-3-34 and 35-3-35 Amended. No. 904 (House Bill No. 312). AN ACT To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide for the dissemination of criminal history records maintained by the center to private persons and business, public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing regulatory agencies or their designated representatives; to exclude from such disseminations the records of arrests, charges, and sentences relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where first offenders have been exonerated and discharged without adjudications of guilt, unless such disseminations are specifically authorized by law; to authorize the requirement of fees for the dissemination of such records; to authorize local criminal justice agencies to disseminate such records under the same conditions under which the center may make such disseminations; to require certain disclosures in the event employment decisions are based upon such records; to provide for immunities; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety Code Section 35-3-34, relating to the dissemination of records by the center, which reads as follows: 35-3-34. (a) The center shall be authorized to: (1) Make records of adjudications of guilt available to private persons and businesses as follows:

Page 204

(A) Make available to employers or their designated representatives, for the purpose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve: (i) Working in or near private dwellings without immediate supervision; (ii) Custody or control over or access to cash or valuable items; (iii) Knowledge of or access to secret processes, trade secrets, or other confidential business information; or (iv) Ensuring the security or safety of other employees, customers, or property of the employer; (B) Make available to appropriate personnel or representatives designated by the owner or manager of any business or commercial establishment records of persons apprehended for or suspected of a specific criminal act or acts of which the establishment or an employee of the establishment in the course of his employment is a victim; (2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations. (b) Information disseminated pursuant to subparagraph (a)(1)(A) of this Code section shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated. Information disseminated pursuant to subparagraph (a)(1)(B) of this Code section shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. Any dissemination of any information obtained pursuant to this

Page 205

Code section to any person not specifically authorized to receive it or any use of any information obtained pursuant to this Code section for any purpose other than the purpose for which it was obtained shall constitute a violation of Code Section 35-3-38. (c) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the business or person making the adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from the center, the specific contents of the record, and the effect that the record had upon the decision. (d) Neither the center, its employees, nor any other agency or employee of the state 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 pursuant to this Code section. (e) The center shall disseminate records pursuant to subparagraph (a)(1)(A) of this Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(1)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the name, date of birth, sex, and race of the person, with appropriate qualifications. (f) Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraphs (a)(1)(A) and (a)(1)(B) of this Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations. (g) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements

Page 206

of this article. Such rules may include requirements for users, audits of users, and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations. (h) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests., and inserting in lieu thereof a new Code Section 35-3-34 to read as follows: 35-3-34. (a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to private persons and businesses under the following conditions: (A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and (2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations. (b) In the event that an employment decision is made adverse to a person whose record was obtained pursuant to

Page 207

this Code section, the person will be informed by the business or person making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be a misdemeanor. (c) Neither the center, its employees, nor any agency or employee of the state 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 the dissemination pursuant to this Code section and shall be immune from suit based upon any such claims. (d) Local criminal justice agencies may disseminate criminal history records, without fingerprint comparison or prior contact with the center, to private individuals and businesses under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as needed to reimburse such agencies for their direct and indirect costs related to the providing of such disseminations. (e) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section. Section 2 . Said article is further amended by striking in its entirety Code Section 35-3-35, relating to the dissemination of records by center and local criminal justice agencies to state agencies or political subdivisions thereof and to federal agencies, which reads as follows: 35-3-35. (a) The center shall be authorized to: (1) Make records of adjudications of guilt available to any other agency of this state or political subdivision of this state or to any federal agency as follows: (A) Make available to public agencies, political subdivisions, authorities and instrumentalities, state or federal, or their designated representatives, for

Page 208

the purpose of making employment and job assignment decisions, records of employees or prospective employees whose duties involve or may involve: (i) Working in or near private dwellings or public buildings and facilities without immediate supervision; (ii) Custody or control over or access to cash or valuable items; (iii) Knowledge of or access to secret processes or confidential governmental information; or (iv) Ensuring the security or safety of other employees, the general public, or property of the state or federal political subdivisions, authorities, and instrumentalities; (B) Make available to appropriate counsel or representatives designated by the state, a political subdivision, authority, or instrumentality thereof, or to any federal agency records of persons apprehended for or suspected of a specific criminal act or acts of which such state, political subdivision, authority or instrumentality thereof, or federal agency or an employee thereof or member of the general public at such institution or agency in the course of his employment or by reason of his presence at the institution or agency is a victim; (2) Charge fees for disseminating records pursuant to this Code section, which fees will raise an amount of revenue which approximates, as nearly as practicable, the direct and indirect costs to the state of providing such disseminations. (b) Any dissemination of any information obtained pursuant to this Code section to any person not specifically authorized to receive it or any use of any information obtained pursuant to this Code section for any purpose other than the purpose for which it was obtained shall constitute a violation of Code Section 35-3-38.

Page 209

(c) Information disseminated pursuant to subparagraph (a)(1)(A) of this Code section shall be available only to persons involved in the hiring, background investigation, or job assignment of the person whose record is disseminated. (d) In the event that a decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the state agency, political subdivision, federal agency, or person making the adverse decision of all information pertinent to this decision. This shall include information that a record was obtained from the center, the specific contents of the record, and the effect that the record had upon the decision. (e) Information disseminated pursuant to subparagraph (a)(1)(B) of this Code section shall be available only to persons involved in deciding whether or not to prefer charges against the person whose record is disseminated or persons engaged in the investigation of such specific criminal act or acts. (f) Neither the center, its employees, nor any other agency or employee of the state shall be responsible for the accuracy of information or have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information pursuant to this Code section. (g) The center shall disseminate records pursuant to subparagraph (a)(1)(A) of this Code section only upon positive identification by fingerprint comparison. The center shall disseminate records pursuant to subparagraph (a)(1)(B) of this Code section on fingerprint identification; and when fingerprints are unavailable or time prohibits the use of fingerprints for identification, identification may be made through the use of the name, date of birth, sex, and race of the person, with appropriate qualifications. (h) Local criminal justice agencies may disseminate records of adjudication of guilt, without fingerprint comparison or prior contact with the center, to the same individuals and for the same purposes as described in subparagraphs (a)(1)(A) and (a)(1)(B) of this Code section and may charge fees as needed to reimburse such agency for any costs of providing the disseminations.

Page 210

(i) The council is empowered to adopt rules, regulations, and forms to implement this Code section and provide for security and privacy of information disseminated pursuant hereto, giving first priority to the criminal justice requirements of this article. Such rules may include requirements for users, audits of users, and such other procedures as may be necessary to prevent unauthorized use of criminal history record information and to ensure compliance with federal regulations. (j) The council may adopt rules authorizing any local law enforcement agency to act as an agent for the center in receiving requests for information and disseminating information pursuant to such requests., and inserting in lieu thereof a new Code Section 35-3-35 to read as follows: 35-3-35. (a) The center shall be authorized to: (1) Make criminal history records maintained by the center available to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the following conditions: (A) Public agencies or political subdivisions shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; and (2) Charge fees for disseminating records pursuant to this Code section which will raise an amount of revenue

Page 211

which approximates, as nearly as practicable, the direct and indirect costs to the state for providing such disseminations. (b) In the event an employment or licensing decision is made adverse to a person whose record was obtained pursuant to this Code section, the person will be informed by the public agency, political subdivision, authority or instrumentality, or licensing or regulatory agency making the adverse employment decision of all information pertinent to that decision. This disclosure shall include information that a record was obtained from the center, the specific contents of the record, and the effect the record had upon the decision. Failure to provide all such information to the person subject to the adverse decision shall be misdemeanor. (c) Neither the center, its employees, nor any agency or employee of the state shall be responsible for the accuracy of information disseminated nor have any liability for defamation, invasion of privacy, negligence, nor any other claim in connection with any dissemination pursuant to this Code section and shall be immune from suit based upon such claims. (d) Local criminal justice agencies may disseminate criminal history records to public agencies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies under the same conditions as set forth in paragraph (1) of subsection (a) of this Code section and may charge fees as necessary to reimburse such agencies for their direct and indirect costs associated with providing such disseminations. (e) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section. 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 15, 1988.

Page 212

ALCOHOLIC BEVERAGESNUDE AND SEXUAL CONDUCT PROHIBITED ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE SOLD OR DISPENSED. Code Sections 3-3-40 through 3-3-46 Enacted. No. 905 (House Bill No. 516). AN ACT To amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, so as to prohibit certain nude and sexual conduct on premises where alcoholic beverages are sold or dispensed for consumption on the premises; to define terms; to prohibit the use of devices or objects to perform or simulate such conduct on such premises; to prohibit the showing and display of pictures and other reproductions and images depicting such conduct on such premises; to prohibit the solicitation of drinks by certain persons on such premises; to prohibit the removal of drinks from such premises for certain purposes; to prohibit operators of licensed premises from employing, encouraging, permitting, or assisting other persons to engage in prohibited conduct; to prohibit any contract, agreement, or conspiracy the object or purpose of which is to violate or circumvent this Act; to provide for penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to regulation of alcoholic beverages in general, is amended by adding at the end thereof a new Article 3 to read as follows: ARTICLE 3 3-3-40. As used in this article, the term: (1) `Licensed premises' means any premises in which alcoholic beverages are sold or dispensed for consumption

Page 213

on the premises and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises. (2) `Operator' means and includes the owner, license holder, operator, manager, and person in charge of any licensed premises. 3-3-41. (a) No person shall perform on licensed premises acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's public hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this Code section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsection (a) or (b) of this Code section. 3-3-42. It shall be unlawful for any person employed or working in any capacity in any licensed premises to solicit or encourage patrons to purchase drinks to be consumed by or otherwise disposed of by any such person so employed or working. 3-3-43. No operator shall knowingly permit any person in the licensed premises to view from the licensed premises, by glass partition or other artifice, an act or conduct described

Page 214

in Code Section 3-3-41 and performed on premises other than the licensed premises. 3-3-44. No operator shall knowingly permit any person to remove any alcoholic beverage sold or dispensed on the licensed premises to adjacent or other premises for the purpose of viewing any conduct or activity prohibited on the licensed premises by this article; provided, however, that this Code section shall not be applicable to a person who removes an alcoholic beverage to his home or place of abode. 3-3-45. It shall be unlawful for any operator to employ, encourage, permit, or assist any person to engage in any conduct or activity in violation of this article. 3-3-46. (a) The violation of any provision of this article by the operator of any licensed premises shall constitute grounds for the suspension and revocation of any and all alcoholic beverage licenses issued to such operator. (b) Any person who violates any provision of this article shall be guilty of a misdemeanor of a high and aggravated nature. Section 2 . This Act shall become effective July 1, 1987. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 215

SOLID WASTE MANAGEMENT ACTSOLID WASTE DISPOSAL SITE PERMITS; DISTANCE FROM COUNTY LINE. Code Section 12-8-28.1 Enacted. No. 906 (House Bill No. 862). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, so as to restrict for a certain period in counties having more than a certain population the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide certain exceptions; to restrict in all counties after a certain date the issuance of permits for solid waste disposal sites which will be located within a certain distance of an adjoining county under certain circumstances; to provide for the issuance of permits with respect to the expansion of certain solid waste disposal sites; to provide certain exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, is amended by adding between Code Sections 12-8-28 and 12-8-29 a new Code Section 12-8-28.1 to read as follows: 12-8-28.1. (a) (1) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, from the effective date of this Code section through April 1, 1990, no permit shall be issued for a solid waste disposal site in any county having a population of more than 350,000 according to the United States decennial census of 1980 or any future such census if any part of such site is within one-half mile of an adjoining county without the applicant's first

Page 216

receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending or made on or after the effective date of this Code section and to all permits issued prior to May 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. (2) Except as otherwise provided in subsection (b) of this Code section, to encourage cooperation between the various counties, after April 1, 1990, no permit shall be issued for a solid waste disposal site in any county if any part of such site is within one-half mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county; provided, however, that the director may permit such a site if the requesting county provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This paragraph shall apply to all permit applications that are pending on or made after April 1, 1990, and to all permits issued prior to April 1, 1990, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. (b) (1) Except as otherwise provided in paragraph (2) of this subsection, the consent of an adjoining county as provided in subsection (a) of this Code section shall not be required when the expansion of an existing solid waste disposal site is granted by the director or when the ownership, direct or indirect, of an existing solid waste disposal site is transferred. (2) With respect to the expansion of a solid waste disposal site for which a permit was initially granted after March 1, 1988, the consent of an adjoining county as provided in subsection (a) of this Code section shall be required if any part of such site as expanded will be within one-half mile of an adjoining county.

Page 217

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 15, 1988. GROUP DAY-CARE HOMES AND DAY-CARE CENTERSSPACE REQUIREMENTS; ADDITIONAL CHILDREN. Code Section 49-5-12 Amended. No. 907 (House Bill No. 1306). AN ACT To amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, so as to change certain space requirements and provide circumstances under which family day-care homes may care for additional children; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of private and public child welfare agencies and facilities, is amended by striking paragraph (7) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Group day-care homes and day-care centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities

Page 218

for each child present in the facility. Day-care centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to 18 children prescribed by paragraph (18) of Code Section 49-5-3, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed by paragraph (8) of Code Section 49-5-3, a family day-care home operator may care for two additional children three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this paragraph, all other applicable rules and regulations shall apply. 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 15, 1988. STONE MOUNTAIN MEMORIAL ASSOCIATIONALCOHOLIC BEVERAGE SALES. Code Section 12-3-194 Amended. No. 908 (House Bill No. 1347). AN ACT To amend Code Section 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association, so as to change the locations and type of functions at which alcoholic beverages may be sold at Stone

Page 219

Mountain; 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 12-3-194 of the Official Code of Georgia Annotated, relating to the powers of the Stone Mountain Memorial Association, is amended by striking paragraph (14) thereof and inserting in lieu thereof a new paragraph (14) to read as follows: (14) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages, as defined in Title 3, at any motel, hotel, restaurant or coliseum area, or convention center of the association and at any group or meeting function closed to the general public and for which services are provided by contract with the association within or upon property or facilities owned, operated, used, or controlled by the Stone Mountain Memorial Association, but no licenses for the sale of alcoholic beverages in unbroken packages for carry-out purposes shall be issued. 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 15, 1988.

Page 220

REVENUE AND TAXATIONCOUNTY BOARDS OF EQUALIZATION; ADDITIONAL ALTERNATE MEMBERS; SELECTION OF MEMBERS FROM JURY LISTS. Code Section 48-5-311 Amended. No. 909 (House Bill No. 1465). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, so as to provide that the authority for certain counties to request the appointment of additional alternate members of boards of equalization shall apply to any county; to provide that members and alternate members of boards of equalization shall be selected from the jury lists of counties; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation and appointment of county boards of equalization, is amended by striking paragraph (2) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such county may designate a chairman and two vice-chairmen of each such board of equalization. The chairman and vice-chairmen shall be

Page 221

vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath. Section 2 . Said Code section is further amended by striking subparagraph (A) of paragraph (2) of subsection (c) in its entirety and substituting in lieu thereof a new subparagraph (A) to read as follows: (A) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three. If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. 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 15, 1988.

Page 222

ALCOHOLIC BEVERAGESFARM WINERIES; SALES ON SUNDAY. Code Section 3-6-21.2 Enacted. No. 910 (House Bill No. 1558). AN ACT To amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the distribution and sale of wine, so as to provide that farm wineries which are licensed to sell wine in a tasting room or other facility on the premises of the winery within the county or municipality which issued the license shall be authorized to sell its wine during certain hours on Sunday to the same extent as its licenses would otherwise permit; 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 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the distribution and sale of wine, is amended by adding a new Code Section 3-6-21.2, immediately following Code Section 3-6-21.1, to read as follows: 3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery on the premises of the winery and in all municipaities in which the sale of wine is lawful by a farm winery on the premises of the winery, a farm winery which is licensed to sell its wine in a tasting room or other facility on the premises of the winery within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other facility on the premises of the winery, to the same extent as its licenses would otherwise permit. Nothing in

Page 223

this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced. 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 15, 1988. STONE MOUNTAIN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 911 (House Bill No. 1670). AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, so as to provide for a ninth judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers, dignity, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications, compensation, salary, county supplement, and expense allowance of said judge; to provide for writs and other official papers and the return thereof; to authorize the judges of said court to provide for rules and to divide and allocate the work and duties thereof; to provide for the manner of drawing and impaneling jurors; to provide for an additional court reporter for said circuit; to authorize the governing authority of any county which comprises the Stone Mountain Judicial Circuit

Page 224

to provide facilities, office space, supplies, equipment, and personnel for said judges; 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 judges of superior courts, is amended by striking paragraph (37) and inserting in its place a new paragraph to read as follows: (37) Stone Mountain Circuit.....9. Section 2 . One additional judge of the superior courts is added to the Stone Mountain Judicial Circuit, thereby increasing to nine the number of judges of said circuit. Section 3 . Said additional judge shall be appointed by the Governor for a term of office beginning July 1, 1988, and continuing through December 31, 1990, and until that judge's successor is elected and qualified. That judge's successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1990, for a term of four years beginning on the first day of January, 1991, and until that judge's successor is elected and qualified. Future successors shall be elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state. Section 4 . The additional judge of the superior courts of the Stone Mountain Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Stone Mountain Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including, but not limited to, sitting on appellate courts as provided by law.

Page 225

Section 5 . The qualifications of such additional judge and that judge's successors shall be the same as are now provided by law for all other superior court judges; and that judge's compensation, salary, county supplement, and expense allowance shall be the same as that of the other judges of the superior courts of the Stone Mountain Judicial Circuit. Section 6 . All writs and processes in the superior courts of the Stone Mountain Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law; and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide nine judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 7 . Upon and after qualification of the additional judge of the superior court for the Stone Mountain Judicial Circuit of Georgia, the nine judges of said court shall be authorized 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. Section 8 . The drawing and impaneling of all jurors, whether grand, petit, or special, may be by each of the judges of the superior courts of said circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in said courts 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 nine judges of the Stone Mountain Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 10 . All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of

Page 226

the Stone Mountain Judicial Circuit may bear teste in the name of any judge of the Stone Mountain Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. Section 11 . Upon request of any judge of the circuit, the governing authority of any county comprising the Stone Mountain Judicial Circuit is authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such. Section 12 . Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. Section 13 . For purposes of allowing the Governor to appoint an additional judge of the Stone Mountain Judicial Circuit to take office on July 1, 1988, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; for all other purposes it shall become effective July 1, 1988. Section 14 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 227

STATE TOLLWAY AUTHORITYRELOCATION ASSISTANCE; REVENUE BONDS; HEARINGS; RIGHTS OF WAY; CONTRACTS WITH GEORGIA STATE FINANCING AND INVESTMENT COMMISSION. Code Section 32-10-60, 32-10-63, 32-10-64, 32-10-69, and 50-17-22 Amended. No. 912 (House Bill No. 1769). AN ACT To amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to change the definition of the terms relocation assistance and revenue bonds; to change the powers of the authority; to provide for compliance with federal law; to provide for the conveyance of rights of way to the authority; to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the Georgia State Financing and Investment Commission, so as to authorize contractual relations with the State Tollway Authority; 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 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, is amended in Code Section 32-10-60, relating to definitions of terms, by striking paragraphs (6) and (7) and inserting in lieu thereof new paragraphs (6) and (7) to read as follows: (6) `Relocation expenses' means all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses of any individual, family, business, farm operation, or nonprofit organization displaced by authority projects to the extent authorized by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17.

Page 228

(7) `Revenue bonds' or `revenue bond' means those negotiable revenue bonds of the authority authorized by Part 2 of this article. Section 2 . Said article is further amended in Code Section 32-10-63, relating to the general powers and duties of the authority, by striking subparagraph (A) of paragraph (5) and inserting in lieu thereof a new subparagraph (A) to describe a duty of the authority and to read as follows: (A) Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation;. Section 3 . Said article is further amended in said Code Section 32-10-63 by striking subparagraph (C) of paragraph (5) and inserting in lieu thereof a new subparagraph (C) to describe a duty of the authority and to read as follows: (C) Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and. Section 4 . Said article is further amended in said Code Section 32-10-63 by striking paragraphs (6) and (7) and inserting

Page 229

in lieu thereof new paragraphs (6) and (7) to describe powers of the authority and to read as follows: (6) To construct, erect, acquire, own, repair, maintain, add to, extend, improve, operate, and manage projects, as defined in paragraph (5) of Code Section 32-10-60, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from other funds available to the authority, or from any combination of such sources; (7) To accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency or instrumentality of either of them shall impose;. Section 5 . Said article is further amended in Code Section 32-10-64, relating to certain powers of the authority, by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) For the purpose of earning sufficient revenue to make possible, in conjunction with other funds available to the authority, the financing of the construction or acquisition of projects of the authority with revenue bonds, the authority is authorized and empowered to collect tolls on each and every project which it shall cause to be constructed or acquired. It is found, determined, and declared that the necessities of revenue bond financing are such that the authority's toll earnings on each project or projects, in conjunction with other funds available to the authority, must exceed the actual maintenance, repair, and normal reserve requirements of such projects, together with monthly or yearly sums needed for the sinking fund payments upon the principal and interest obligations of financing such project or projects; however, within the framework of these legitimate necessities of the authority and subject to all bond resolutions, trust indentures, and all other contractual obligations of the authority, the authority is charged with the duty of the operation of

Page 230

each project at the most reasonable possible level of toll charges; and, furthermore, the authority is charged with the responsibility of a reasonable and equitable adjustment of such toll charges as between the various classes of users of any given project. Section 6 . Said article is further amended by striking Code Section 32-10-69, relating to the conveyance of rights of way by the state, and inserting in lieu thereof a new Code Section 32-10-69 to read as follows: 32-10-69. (a) The Governor is authorized and empowered to convey to the authority, on behalf of the state, any real property or interest therein or any rights of way owned by the state, including property or rights of way acquired in the name of the department or board, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project. The consideration for such conveyance shall be determined by the Governor and expressed in the deed of conveyance; however, such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration; provided that in the event of the inability of the authority to issue or sell the revenue bonds required for financing the completion of any given project or projects, then, subject to the intervening rights of any innocent party, all rights, titles, and interests so conveyed shall forever revert to the department or agency from which it came. (b) The governing authority of any county or incorporated municipality of this state is authorized and empowered on behalf of such political subdivision to convey to the authority any real property or interest therein or any rights of way owned by such political subdivision, which is used at the time or may, upon completion of any action committed to the authority by this article, be used as a tollway project if conveyed by a county or incorporated municipality. The consideration for such conveyance shall be determined by the governing authority of such political subdivision and expressed in the deed of conveyance. Such consideration, however, shall be nominal, the benefits flowing to the political subdivisions and its citizens constituting full and adequate

Page 231

actual consideration. However, nothing in this subsection shall prevent the authority from reimbursing a political subdivision, as authorized in Code Section 32-10-70. (c) The board or its successors and the department are empowered to acquire, in any manner now permitted to them by law, and to expend funds available to them for such acquisition, real property, interests therein, or rights of way which upon acquisition may be conveyed by the Governor as above provided to the authority. Section 7 . Code Section 50-17-22, relating to the State Financing and Investment Commission, is amended by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph to read as follows: (2) There shall be a Construction Division of the commission administered by a director who shall not be a member of the commission and who shall also serve as the executive secretary for the commission. The director and the staff of the Construction Division shall be appointed by and serve at the pleasure of the commission, shall provide administrative support for all personnel of the commission, and shall account for and keep all records pertaining to the operation and administration of the commission and its staff. The director, as executive secretary, shall prepare agenda and keep minutes of all meetings of the commission. In construction and construction-related matters, the Construction Division shall act in accordance with the policies, resolutions, and directives of the Georgia Education Authority (Schools) and the Georgia Education Authority (University) until such time as such policies, resolutions, or directives are changed or modified by the commission. In carrying out its responsibilities in connection with the application of any funds under its control, including the proceeds of any debt or any appropriation made directly to it for construction purposes, the commission is specifically authorized to acquire and construct projects for the benefit of any department or agency of the state or to contract with any such department or agency for the acquisition or construction of projects under policies, standards, and operating procedures to be established by the commission; provided, however, that the commission shall contract with the Department of Transportation or the

Page 232

Georgia Highway Authority or the State Tollway Authority or any combination of the foregoing for the supervision of and contracting for design, planning, building, rebuilding, constructing, reconstructing, surfacing, resurfacing, laying out, grading, repairing, improving, widening, straightening, operating, owning, maintaining, leasing, and managing any public roads and bridges for which general obligation debt has been authorized. The Construction Division also shall perform such construction-related services for state agencies and instrumentalities as may be assigned to the commission or to the Construction Division by executive order of the Governor. Section 8 . Every toll established under this Act must expire at a specified period of time, and may be extended beyond said time by approval of the State Tollway Authority. 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 March 15, 1988. ALCOHOLIC BEVERAGESSALE ON SUNDAY IN STADIUMS, COLISEUMS, AUDITORIUMS, EATING ESTABLISHMENTS, AND SPECIAL ENTERTAINMENT DISTRICTS. Code Section 3-3-7 Amended. No. 913 (House Bill No. 1848). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales

Page 233

of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday in certain areas of certain municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages, is amended by striking paragraph (2) of subsection (c), which reads as follows: (2) Alcoholic beverages may be sold on Sundays, as provided in paragraph (2) of subsection (b) of this Code section., and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight in public stadiums, coliseums, and auditoriums with a seating capacity in excess of 3,500 persons; in eating establishments; and in locally designated special entertainment districts. As used in this paragraph, the term `eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. As used in this paragraph, the term `special entertainment districts' means contiguous properties upon which is located a festival marketplace and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or controlled by a governmental entity. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 234

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. APPALACHIAN JUDICIAL CIRCUITADDITIONAL JUDGE. Code Section 15-6-2 Amended. No. 915 (Senate Bill No. 334). AN ACT To add one additional judge of the superior court for the Appalachian 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 (2.1) and inserting in lieu thereof a new paragraph (2.1) to read as follows: (2.1) Appalachian Circuit..... 2 Section 2 . A second judge of superior court for the Appalachian Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 1988, and continuing until December 31, 1990, and until a successor is elected and qualified. Successors to such additional judge shall be elected in 1990 and quadrennially thereafter as provided by law.

Page 235

Section 3 . In transacting the business of the court and in performing their duties the two judges of Superior Court of Appalachian 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, 1988, except that the Governor may make the appointment called for by this Act at any time after June 1, 1988, and prior to July 1, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. OPEN MEETINGSSTATE AND LOCAL AGENCIES; NOTICES; EXCEPTIONS; ACTIONS; PENALTIES. Code Title 50, Chapter 14 Revised. Code Section 36-80-1 Repealed. No. 916 (Senate Bill No. 394). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to substantially revise provisions relating to requirements for open meetings of state and local agencies; to change certain definitions; to require certain meetings to be open to the public; to provide for practices, procedures, and notices; to provide for exceptions; to provide for voting; to provide for minutes and records; to provide for enforcement; to provide for jurisdiction; to provide for actions and limitations thereon; to provide for attorney's fees and expenses of litigation; to provide for penalties; to repeal Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements

Page 236

for meetings of certain governmental entities; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Chapter 14, relating to open meetings of public agencies, and inserting in lieu thereof a new Chapter 14 to read as follows: CHAPTER 14 50-14-1. (a) As used in this chapter, the term: (1) `Agency' means: (A) Every state department, agency, board, bureau, commission, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement

Page 237

from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. (2) `Meeting' means the gathering of a quorum of the members of the governing body of an agency or of any committee of its members created by such governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which official business or policy of the agency is to be discussed or at which official action is to be taken or, in the case of a committee, recommendations on official business or policy to the governing body are to be formulated or discussed. The assembling together of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final official action is to be taken shall not be deemed a `meeting'. (b) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. Any resolution, rule, regulation, ordinance, or other official action of an agency adopted, taken, or made at a meeting which is not open to the public as required by this chapter shall not be binding. Any action contesting a resolution, rule, regulation, ordinance, or other formal action of an agency based on an alleged violation of this provision must be commenced within 90 days of the date such contested action was taken, provided that any action under this chapter contesting a zoning decision of a local governing authority shall be commenced within the time allowed by law for appeal of such zoning decision. (c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted.

Page 238

(d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. `Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone. (e) An agenda of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. The minutes of a meeting of any agency shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency, but in no case later than immediately following the next regular meeting of the agency; provided, however, nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved

Page 239

by the agency or not. Said minutes shall, as a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, and a record of all votes. In the case of a roll-call vote the name of each person voting for or against a proposal shall be recorded and in all other cases it shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. 50-14-2. This chapter shall not be construed so as to repeal in any way: (1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and (2) Those tax matters which are otherwise made confidential by state law. 50-14-3. This chapter shall not apply to the following: (1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the receipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement agency in the state, including grand jury meetings;

Page 240

(4) Meetings when any agency is discussing the future acquisition of real estate, except that such meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; provided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated; (5) Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law; (6) Meetings when discussing or deliberating upon the appointment, employment, hiring, disciplinary action or dismissal, or performance of a public officer or employee but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee; and (7) Adoptions and proceedings related thereto. 50-14-4. When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions set forth in this chapter, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1. 50-14-5. (a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this

Page 241

chapter, including the power to grant injunctions or other equitable relief. (b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the action constituting the violation was completely without merit as to law or fact, the court shall award to the complaining party attorney's fees and expenses of litigation reasonably incurred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the agency attorney's fees and expenses of litigation reasonably incurred. 50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00. Section 2 . Code Section 36-80-1 of the Official Code of Georgia Annotated, relating to requirements for meetings of certain governmental entities, is repealed in its entirety; and the following is inserted in its place: 36-80-1. Reserved. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 242

CRIMINAL JUSTICE COORDINATING COUNCILMEMBERSHIP; CHAIRMAN OF JUVENILE JUSTICE COORDINATING COUNCIL. Code Section 35-6A-3 Amended. No. 917 (Senate Bill No. 430). AN ACT To amend Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, so as to add the chairman of the Juvenile Justice Coordinating Council to the council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, is amended by striking subsections (a) and (c) thereof and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) The Criminal Justice Coordinating Council shall consist of 21 members and shall be composed as follows: (1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the commissioner of community affairs, the president of the Council of Juvenile Court Judges, the chairman of the Juvenile Justice Coordinating Council, and the director of the Division of Youth Services of the Department of Human Resources shall be ex officio members of the council, as full voting members of the council by reason of their office;

Page 243

(2) Nine members shall be appointed by the Governor for terms of four years, their initial appointments, however, being three for four-year terms, two for three-year terms, and four for two-year terms. Appointments shall be made so that there are always on the council the following persons: one county sheriff, one chief of police, one mayor, one county commissioner, one superior court judge, and four individuals who shall be, by virtue of their training or experience, knowledgeable in the operations of the criminal justice system of this state. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. (c) The initial terms for all 19 original members shall begin July 1, 1981. The initial term for the member added in 1985 shall begin July 1, 1985. The initial term for the member added in 1988 shall begin July 1, 1988. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. PUBLIC RECORDSINSPECTION; EXCEPTIONS; COPYING FEES AND COSTS; ENFORCEMENT. Code Sections 50-18-70, 50-18-71, 50-18-72, and 50-18-73 Amended. Code Section 50-18-75 Enacted. No. 918 (Senate Bill No. 435). AN ACT To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, so as to provide for definitions; to provide, under certain circumstances, that certain records are open to the public and

Page 244

certain records are not open to the public; to provide for certain privileges and statutory exceptions; to provide for copying fees and costs; to provide for civil and criminal enforcement; to provide for judicial powers and remedies and exceptions 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 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to the inspection of public records, is amended by striking Code Section 50-18-70, relating to inspection of records, generally, and inserting in lieu thereof a new Code section to read as follows: 50-18-70. (a) As used in this article, the term `public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, or similar material prepared and maintained or received in the course of the operation of a public office or agency. (b) All state, county, and municipal records, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen. (c) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article. In no event shall this time exceed three business days. Section 2 . Said article is further amended by striking Code Section 50-18-71, relating to copies of public records, and inserting in lieu thereof a new Code section to read as follows: 50-18-71. (a) In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents,

Page 245

any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs or reproductions of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs or reproductions of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work. (b) Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply. (c) Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25[UNK] per page. (d) In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. (e) An agency shall utilize the most economical means available for providing copies of public records. Section 3 . Said article is further amended by striking Code Section 50-18-72 which reads as follows: 50-18-72. (a) This article shall not be applicable to records that are specifically required by the federal government to be kept confidential or to medical or veterinary records and similar files, the disclosure of which would be an

Page 246

invasion of personal privacy. All records of hospital authorities other than the foregoing shall be subject to this article. All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or other similar information which has or will become incorporated into any medical or public health investigation, study, or report of the Department of Human Resources. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. (b) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129, relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law. (c) This article shall not be applicable to any trade secrets and commercial or financial information obtained from a person or business entity which is of a privileged or confidential nature or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result, of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information have not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics., and inserting in lieu thereof a new Code section to read as follows: 50-18-72. (a) Public disclosure shall not be required for records that are:

Page 247

(1) Specifically required by the federal government to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation; (4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident reports, and incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated; (5) Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated; provided that this paragraph shall not be interpreted to make such investigatory records privileged; (6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned.

Page 248

(b) This article shall not be applicable to any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjuction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented. This limitation shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics. (c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law and except for data, records, or information relating to any of the following: planning for future acquisition of real property; marketing; the potential expension of health related services; the preparation in anticipation of the filing of a certificate of need application but only until such application is filed with the appropriate approval agency; the promotion of quality assurance, peer review, and security systems; the investigation of potential claims; or matters involving medical staff recruitment. (2) All state officers and employees shall have a privilege to refuse to disclose the identity of any person who has furnished medical or 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. (d) This article shall not be applicable to any application submitted to or any permanent records maintained by a judge of the probate court pursuant to Code Section 16-11-129,

Page 249

relating to licenses to carry pistols or revolvers, or pursuant to any other requirement for maintaining records relative to the possession of firearms. This subsection shall not preclude law enforcement agencies from obtaining records relating to licensing and possession of firearms as provided by law. (e) This article shall not be construed to repeal: (1) The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; provided, however, attorney-client information may be obtained in a proceeding under Code Section 50-18-73 to prove justification or lack thereof in refusing disclosure of documents under this Code section provided the judge of the court in which said proceeding is pending shall first determine by an in camera examination that such disclosure would be relevant on that issue; (2) The confidentiality of attorney work product; or (3) State laws making certain tax matters confidential. (f) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying. Section 4 . Said article is further amended by striking Code Section 50-18-73, relating to enforcement of open records, and inserting in lieu thereof a new Code section to read as follows: 50-18-73. (a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with

Page 250

the provisions of this article. Such actions may be brought by any persons, firm, corporation, or other entity. (b) In any action brought to enforce the provisions of this chapter, if the court shall determine that the action constituting a violation of this article was completely without merit as to law or fact, the court shall award to the complaining party attorney's fees and expenses of litigation reasonably incurred in bringing the action. If the court shall determine that the action was completely without merit as to law or fact, then the court shall award to the defendant attorney's fees and expenses of litigation reasonably incurred. Section 5 . Said article is further amended by adding at the end thereof a new Code Section 50-18-75 to read as follows: 50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege. 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 15, 1988.

Page 251

SOLID WASTE MANAGEMENT ACTPERMITS FOR SOLID WASTE DISPOSAL SITES NEAR A NATIONAL HISTORIC MONUMENT. Code Section 12-8-28.1 Enacted. No. 919 (Senate Bill No. 453). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, so as to restrict the issuance of permits for solid waste disposal sites which will be located within a certain distance of a national historic monument under certain circumstances; to provide certain exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, is amended by adding between Code Sections 12-8-28 and 12-8-29 a new Code Section 12-8-28.1 to read as follows: 12-8-28.1. In order to preserve historic sites and their natural and built environments, no permit shall be issued for a solid waste disposal site within 5,708 yards of the geographic center of any site designated as a national historic site; provided, however, that the director may permit such a site if the requesting party provides evidence that no alternative sites or methods are available to that jurisdiction for the handling of its solid waste. This Code section shall apply to all permit applications made on or after July 1, 1988, and to all permits issued prior to July 1, 1988, which permits are the subject of an appeal or judicial review and such appeal or judicial review is in process. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 252

CRIMINAL PROCEDUREDEATH PENALTY; PERSONS REQUIRED TO BE PRESENT AT EXECUTIONS. Code Section 17-10-41 Amended. No. 920 (Senate Bill No. 471). AN ACT To amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to change the provisions relating to persons required to be present at executions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, is amended by striking in its entirety Code Section 17-10-41, relating to persons required to be present at executions, and inserting in lieu thereof a new Code Section 17-10-41 to read as follows: 17-10-41. There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, electricians, and other correctional officers, assistants, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his counsel, clergyman, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections. 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 15, 1988.

Page 253

APPEAL AND ERRORAPPEALS TO SUPERIOR COURTS; TRIAL WITHOUT JURY; CONSENT. Code Section 5-3-30 Amended. No. 921 (Senate Bill No. 492). AN ACT To amend Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, so as to provide for appeals to the state court; to provide for trial by the court without a jury in appeals from inferior courts with the consent of both parties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to appeals to the superior court, is amended by striking Code Section 5-3-30, relating to the trial of appeals to the superior court, in its entirety and inserting in lieu thereof a new Code Section 5-3-30 to read as follows: 5-3-30. All appeals to the superior court or state court shall be tried by a jury at the first term after the appeal has been entered unless good cause is shown for continuance; provided, however, that trial by jury may be waived by the consent of both parties to trial by the court without a jury as provided in Code Section 9-11-39. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988.

Page 254

GEORGIA PORTS AUTHORITYACQUISITION OF PROPERTY FROM BRUNSWICK PORT AUTHORITY. Code Section 52-2-9 Amended. No. 922 (Senate Bill No. 502). AN ACT To amend Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, so as to provide that the transfer of property from the Brunswick Port Authority to the Georgia Ports Authority shall not constitute an acquisition of property upon which a lien or encumbrance exists for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 52-2-9 of the Official Code of Georgia Annotated, relating to powers of the Georgia Ports Authority generally, is amended by striking paragraph (3) of said Code Section in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with and subject to any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or to dispose of the same in any manner it deems to the best advantage of the authority. The authority shall be under no obligation to accept and pay for any property condemned under this chapter, except from the funds provided under the authority of this chapter. In any proceedings to condemn, such orders may be made by the court having

Page 255

jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time the property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full; provided, however, that nothing in this paragraph shall prohibit the authority from acquiring property, real or personal, tangible or intangible, from the Brunswick Port Authority as otherwise authorized under this chapter and the laws of this state; and, if the authority deems it expedient to construct any project on lands the title to which then is in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the Fiscal Division of the Department of Administrative Services for the credit of the sinking fund of the state of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority;. 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 15, 1988.

Page 256

PENAL INSTITUTIONSGRANTS TO MUNICIPAL CORPORATIONS AND COUNTIES FOR JAILS AND CORRECTIONAL INSTITUTIONS. Code Section 42-2-13 Enacted. No. 924 (Senate Bill No. 546). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide for grants to municipal corporations and counties for jails and correctional institutions; to provide for confirmation and ratification of prior grants; to provide for cooperative agreements between the department and municipal corporations and counties; 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 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by adding at the end thereof a new Code section to read as follows: 42-2-13. The commissioner may make grants of funds to municipal corporations and counties for establishing, constructing, and operating local jails and correctional institutions. Any such grant shall be in addition to, and not in lieu of, state payments made pursuant to Code Section 42-5-51 and Code Section 42-5-53. The commissioner shall make such grants where the recipient, sum, and purpose have been specified by appropriation. From funds generally available for such grants, but when such funds are available without specification other than general purpose, the commissioner shall allocate such funds according to criteria established by the commissioner, including but not limited to, overpopulation, innovativeness, efficiency, multigovernment involvement, and readiness.

Page 257

Section 2 . Pursuant to Article VII, Section III, Paragraph III of the Constitution and as otherwise may be authorized, all grants similar to grants provided for in Section 1 of this Act made by the department before the effective date of this law are ratified, confirmed, and approved. 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 15, 1988. COWETA JUDICIAL CIRCUITTERMS; CARROLL COUNTY. Code Section 15-6-3 Amended. No. 935 (House Bill No. 1427). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of superior court for Carroll County of the Coweta Judicial Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking subparagraph (A) of paragraph (14) which reads as follows: (A) Carroll CountyFirst Monday in April and October.,

Page 258

and inserting in lieu thereof a new subparagraph to read as follows: (A) Carroll CountySecond Monday in January and first Monday in April and third Monday in June and first Monday in October. 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 15, 1988. PIEDMONT JUDICIAL CIRCUITJACKSON COUNTY; TERMS. Code Section 15-6-3 Amended. No. 936 (House Bill No. 1639). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of the superior court of Jackson County in the Piedmont Circuit; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking subparagraph (C) of paragraph (32) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows:

Page 259

(C) Jackson CountyFirst and second Mondays in March, the first Tuesday in September, and the third Monday in September. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1988. SUPERIOR COURTSSESSIONS OUTSIDE COUNTY SITE IN CERTAIN COUNTIES. Code Section 15-6-18 Amended. No. 937 (House Bill No. 1325). 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 in certain counties sessions of superior courts may under certain conditions be held outside the county site in facilities of the state court; to provide for sessions of such state courts to be held under certain circumstances in facilities of the superior court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . 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 Code Section 15-6-18, relating to alternate locations for holding superior court, and inserting in its place a new Code section to read as follows: 15-6-18. (a) If for any cause it shall or may be impracticable to hold any session or sitting of any superior or state

Page 260

court at the courthouse or other place provided by law therefor, it shall be lawful to hold court and any session or sitting thereof at such place as the proper authorities of the county in and for which the court is to be held may from time to time provide for such purpose, provided that except as provided in subsection (b) of this Code section no session or sitting of any superior court may be held under this subsection at any place other than the county site of the county of such court. (b) The provisions of this subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations: (1) The senior judge or chief judge of superior court (such terms meaning the active judge who is senior in time of service) must enter a written order for such session of superior court to be so held outside the county site, and such order must incorporate a written finding that it is impracticable for the session of court to be held at the county site; (2) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court; (3) The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and (4) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court. (c) All acts of a superior court or state court done at a place provided therefor by the county authorities, other than

Page 261

at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17. 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 15, 1988. TRAFFIC COURTS IN CITIES OF 300,000 OR MOREJURISDICTION; JUDGES; SALARIES. No. 1002 (House Bill No. 1333). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census (Ga. L. 1967, p. 3360), so as to change the jurisdiction of said court; to provide for the method by which salaries of the judges of such courts are set; 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 . An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census (Ga. L. 1967, p. 3360), is amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows:

Page 262

Section 3. Each of such courts shall have jurisdiction coextensive with the territorial limits of the city in which it is located over: (a) All crimes and offenses under the laws of the State relating to and regulating traffic, and all other crimes and offenses arising out of the same occurrence as such traffic offense, not above the grade of misdemeanor and not exclusively cognizable in the superior courts. Provided, however, no defendant shall be tried on a misdemeanor charge in any county except where the alleged offense was committed. (b) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic, and all other offenses against laws and ordinances of such city arising out of the same occurrence as such traffic offense. Punishment for such offenses shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city. Section 2 . Said Act is further amended by striking in its entirety Section 11 and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The annual salary of the chief judge and the annual salary of each associate judge shall be as fixed and determined by the governing authority of the city payable monthly or semi-monthly or bi-weekly, but such salaries shall not be less than 90 percent of the annual salaries of state court judges in the county or counties in which the city lies. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 263

PUBLIC SERVICE COMMISSIONSPECIAL FEE ON CORPORATIONS AND UTILITIES; AMOUNT. Code Section 46-2-10 Amended. No. 1085 (House Bill No. 443). AN ACT To amend Code Section 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission, so as to change the amount of state revenue to be produced by such 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 46-2-10 of the Official Code of Georgia Annotated, relating to payment of a special fee by corporations and utilities subject to the jurisdiction of the Public Service Commission, is amended by striking subsections (a) and (b) thereof and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the value of its property, as ascertained by the last preceding state tax assessment, and shall be apportioned among such public service corporations or utilities upon the basis of such valuation so as to produce a revenue of $850,000.00 per annum. (b) Not later than December 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20 of the following year. Such

Page 264

sum of $850,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP; GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY. Code Section 47-2-317 Enacted. No. 1086 (House Bill No. 896). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Agrirama Development Authority shall become members of said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-317 to read as follows:

Page 265

47-2-317. (a) As used in this Code section, the term `Georgia Agrirama Development Authority' or `authority' means the Georgia Agrirama Development Authority established by Chapter 3 of Title 2. (b) Effective on July 1, 1988, or on first becoming officers or employees of the Georgia Agrirama Development Authority, all such officers and employees shall become members of the retirement system. Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. Except as otherwise provided in this subsection, any person becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (c) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated or otherwise available for the operation of the Georgia Agrirama Development Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 266

MUNICIPAL CORPORATIONSCHIEFS OF POLICE AS JAILERS; RECORDS. Code Section 42-4-1 Amended. No. 1087 (House Bill No. 1261). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, so as to provide that chiefs of police shall be the municipal corporations' jailers; to provide for the keeping of records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails generally, is amended by striking Code Section 42-4-1, relating to jailers, and inserting in lieu thereof a new Code Section 42-4-1 to read as follows: 42-4-1. (a) By virtue of their offices, sheriffs are jailers of the counties and have the authority to appoint other jailers, subject to the supervision of the county governing authority, as prescribed by law. (b) By virtue of their offices, chiefs of police are the jailers of the municipal corporations and have the authority to appoint other jailers, subject to the supervision of the municipal governing authority, as prescribed by law. Each jailer of a municipal corporation shall maintain the records required of sheriffs by subsection (a) of Code Section 42-4-7. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 267

MAGISTRATE COURTSPOSTJUDGMENT INTERROGATORIES; UNPAID JUDGMENTS; FEE FOR HEARING APPLICATION FOR BAD CHECK CITATION. Code Sections 15-10-50 and 15-10-82 Amended. No. 1088 (House Bill No. 1391). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the amount of unpaid judgments below which postjudgment interrogatories may be propounded; to provide for a fee for hearing an application for the issuance of a bad check citation; 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 subsection (a) of Code Section 15-10-50, relating to postjudgment interrogatories, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In aid of any judgment or execution issued by any court in this state upon which the unpaid balance does not exceed the jurisdictional amount for civil claims in magistrate court as provided in paragraph (5) of Code Section 15-10-2, the judgment creditor or his successor in interest when that interest appears of record, may, in addition to any other process or remedy provided by law, examine the judgment debtor by propounding the interrogatories specified in this Code section in the manner provided in this Code section. Section 2 . Said chapter is further amended by striking Code Section 15-10-82, relating to hearing fees, in its entirety and inserting in lieu thereof a new Code Section 15-10-82 to read as follows: 15-10-82. For hearing an application for an arrest or search warrant or bad check citation the fee charged shall

Page 268

be $5.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. BAD CHECKSFORM OF NOTICE; MAGISTRATE. Code Section 16-9-20 Amended. No. 1089 (House Bill No. 1392). 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 change the form of notice; 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 subparagraph (B) of paragraph (2) of subsection (a) and inserting in lieu thereof a new subparagraph (B) to read as follows: (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

Page 269

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 magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor for criminal prosecution.'; or. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. STATE SOIL AND WATER CONSERVATION COMMITTEENAME CHANGE. Code Titles 2, 12, and 45 Amended. No. 1090 (House Bill No. 1402). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change the name of the State Soil and Water Conservation Committee to the State Soil and Water Conservation Commission; to revise and correct certain references to the committee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by striking paragraph (1)

Page 270

of Code Section 2-6-22, relating to definitions regarding soil and water conservation districts, and inserting in its place a new paragraph (1) to read as follows: (1) `Commission' or `State Soil and Water Conservation Commission' means the agency created in Code Section 2-6-23. Section 2 . Said title is further amended by striking Code Section 2-6-23, relating to the establishment of the State Soil and Water Conservation Committee, and inserting in its place a new Code Section 2-6-23 to read as follows: 2-6-23. (a) There is established, to serve as an agency of the state and to perform the functions conferred upon it in this article, the State Soil and Water Conservation Commission. (b) Five district soil and water conservation supervisors, who shall be appointed by the Governor as provided in this Code section, shall serve as members of the commission. Commencing with appointments for the year 1977, the Governor shall appoint to the commission one supervisor from each of the five Georgia Association of Conservation District Supervisors' groups. Such initial appointments were for terms of office of one, two, three, four, and five years, respectively. Thereafter, successors shall be appointed for terms of office of five years and until their successors are duly appointed. (c) The following persons shall serve ex officio in an advisory capacity to the State Soil and Water Conservation Commission: (1) The director of the Cooperative Extension Service; (2) The commissioner of natural resources; (3) The director of experiment stations of the College of Agriculture of the University of Georgia; (4) The executive director of the Agricultural Stabilization Conservation Service;

Page 271

(5) The Georgia state director of the Farmer's Home Administration; (6) The director of the Southern Piedmont Conservation Research Center; (7) The president of the Georgia Association of Conservation District Supervisors; (8) The director of the State Forestry Commission; (9) The Georgia supervisor of national forests of the U.S. Forestry Service; (10) The state conservationist of the U.S. Soil Conservation Service; (11) The dean of the College of Agriculture of the University of Georgia; (12) The state supervisor of agriculture education in this state; (13) The Commissioner of Agriculture; and (14) Such other representatives of state or federal agencies as the commission deems desirable. (d) The commission shall adopt a seal, which shall be judicially noticed. It may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this article. Section 3 . Said title is further amended by striking Code Section 2-6-24, relating to the chairman and operation of the committee, and inserting in its place a new Code Section 2-6-24 to read as follows: 2-6-24. The commission shall designate one of its members as chairman and may, from time to time, change such designation. A member of the commission shall hold office so long as he retains the office by virtue of which he is serving

Page 272

on the commission. A majority of the commission shall constitute a quorum and the concurrence of a majority shall be required for the determination of any matter within its duties. The members of the commission shall receive no compensation for their services on the commission but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the commission. The commission shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. It shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted and shall provide for an annual audit of the accounts of receipts and disbursements. Section 4 . Said title is further amended by striking Code Section 2-6-25, relating to administrative officers and other committee employees, and inserting in its place a new Code Section 2-6-25 to read as follows: 2-6-25. The commission may employ an administrative officer and such technical experts and other agents and employees, permanent and temporary, as it may require. It shall determine their qualifications, duties, and compensation. The commission may call upon the Attorney General of this state for such legal services as it may require. It shall have authority to delegate, to one or more of its members or to one or more agents or employees, such powers and duties as it may deem proper. The commission is authorized to furnish information and to call upon any or all state or local agencies for cooperation in carrying out this article. Section 5 . Said title is further amended by striking Code Section 2-6-26, relating to merit and retirement systems of committee employees, and inserting in its place a new Code Section 2-6-26 to read as follows: 2-6-26. All employees of the State Soil and Water Conservation Commission, not including members of the commission, shall be subject to a merit system of employment as promulgated by the commission, under which all such employees shall be selected on a basis of merit, fitness, and efficiency, according to law. All such employees are authorized

Page 273

to become and be members of the Employees' Retirement System of Georgia, as established by Chapter 2 of Title 47. There shall be paid from the funds appropriated for the operation of the State Soil and Water Conservation Commission all employer contributions required by Chapter 2 of Title 47 creating the Employees' Retirement System of Georgia. All rights, credits, and funds in such retirement system which were possessed by persons at the time of their employment by the commission are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the commission. Section 6 . Said title is further amended by striking Code Section 2-6-27, relating to powers and duties of the committee, and inserting in its place a new Code Section 2-6-27 to read as follows: 2-6-27. In addition to the duties and powers otherwise conferred upon the commission, it shall have the following duties and powers: (1) To offer such assistance as may be appropriate to the supervisors of the soil and water conservation districts in the carrying out of any of their powers and programs; (2) To keep the supervisors of each of the districts informed of the activities and experiences of all the other districts and to facilitate an interchange of advice, experience, and cooperation between such districts; (3) To coordinate the programs of the districts so far as this may be done by advice and consultation; (4) To secure the cooperation and assistance of the United States and any of its agencies and of the agencies and counties of this state in the work of such districts; (5) To disseminate information throughout this state concerning the activities and programs of the districts and to encourage the formation of such districts in areas where their organization is desirable;

Page 274

(6) To receive gifts, appropriations, materials, equipment, land, and facilities and to manage, operate, and disperse the same; and (7) To formulate such rules and regulations, to exercise such powers, and to perform such duties as are necessary to implement the administration of the federal Watershed Protection and Flood Prevention Act. Section 7 . Said title is further amended by striking subsection (b) of Code Section 2-6-28, relating to the number and boundaries of soil and water conservation districts, and inserting in its place a new subsection (b) to read as follows: (b) If two-thirds of the supervisors within each of the affected districts, each of the governing authorities of each county within any affected district, and the State Soil and Water Conservation Commission agree to the alteration of any district or the formation of any new district, the alteration or formation may be effected if all such approvals are filed with the commission along with the description of the altered boundaries or the boundaries of the new districts. The alteration of existing districts or formation of new districts may not be effected so that the boundaries of any such district will traverse the boundaries of any area planning and development commission within the district or districts. All of the property and assets of any altered district shall be distributed among the affected districts in accordance to the same ratio used in the distribution of state-appropriated funds to the affected districts. Section 8 . Said title is further amended by striking subsection (a) of Code Section 2-6-29, relating to district supervisors, and inserting in its place a new subsection (a) to read as follows: (a) The governing body of each district shall consist of not less than five supervisors. Two supervisors shall be appointed by the commission, provided that in those districts which contain three or more counties or portions of three or more counties, the commission shall appoint one supervisor for each county in the district. Appointments by the commission shall be made from a list submitted to the commission by the elected supervisors of the district, containing three

Page 275

nominees for each appointive position. The supervisors appointed by the commission shall be persons who are qualified by training and experience to perform the specialized, skilled services which will be required of them in the performance of their duties under this article. Appointed supervisors shall serve for terms of office of two years and until their successors are appointed. Section 9 . Said title is further amended by striking Code Section 2-6-30, relating to election procedures for certain supervisors, and inserting in its place a new Code Section 2-6-30 to read as follows: 2-6-30. (a) Within 30 days after the date of issuance by the Secretary of State of a certificate of organization for a soil and water conservation district, nominating petitions may be filed with the commission to nominate candidates for supervisors of such district. The commission shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the commission unless it is subscribed by 25 or more qualified electors of the county in which the nominee resides. Qualified electors may sign more than one such nominating petition to nominate more than one candidate for supervisor. (b) The commission shall be required to give due notice of an election only in the particular county in which an election is to be held. The ballot for each county shall contain only the names of the nominees from that county and the electors of each county shall be eligible to vote only for the nominees of their particular county. The names of all nominees within the county on behalf of whom nominating petitions have been filed within the time designated shall appear upon the ballots arranged in the alphabetical order of their surnames, with a square before each name and a direction to insert an `X' in the square appearing before the name of the person for whom the elector desires to vote. The nominee receiving the highest number of votes shall be declared the duly elected district supervisor from that county. (c) The commission shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe

Page 276

regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof. Section 10 . Said title is further amended by striking subsection (e) of Code Section 2-6-31, relating to the chairman of elected supervisors, and inserting in its place a new subsection (e) to read as follows: (e) The commission is authorized to fix a per diem payment for supervisors; in addition thereto, such supervisors shall be entitled to the regular mileage allowances provided for state employees if such supervisors travel by private conveyance and to their actual travel expenses if they travel by public conveyance. Section 11 . Said title is further amended by striking subsections (a), (b), and (d) of Code Section 2-6-32, relating to services of county agricultural agents, and inserting in their place new subsections (a), (b), and (d), respectively, to read as follows: (a) The supervisors of a district may utilize the services of the county agricultural agents and the facilities of the county agricultural agents' offices insofar as practicable and feasible. With the approval of the commission they may employ additional employees and agents, permanent and temporary, as they may require and may determine their qualifications, duties, and compensation. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents or employees such powers and duties as they may deem proper. (b) The supervisors shall furnish to the commission, upon request, copies of such rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ and such other information concerning their activities as the commission may require in the performance of its duties under this article. (d) Any supervisor may be removed by the commission, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

Page 277

Section 12 . Said title is further amended by striking the undesignated introductory paragraph preceding paragraph (1) of Code Section 2-6-33, relating to powers of districts and supervisors, and inserting in its place the following: A soil and water conservation district shall be an agency of this state. Such district and the supervisors thereof shall have, in addition to other powers granted in this article, the following powers; provided, however, that before the supervisors shall have the authority to exercise any of the powers conferred in this Code section, they shall formulate and submit to the commission for its approval a program or programs of projects and operations, proposed changes in which may be submitted for the approval of the commission from time to time, and shall not undertake any of such work until after such program or programs shall have been approved in writing by the commission; and provided, further, that no provision with respect to the acquisition, operation, or disposition of property by public bodies of this state shall be applicable to a district unless the General Assembly shall specifically so state: . Section 13 . Said title is further amended by striking subsection (a) of Code Section 2-6-36, relating to a land use regulation referendum, and inserting in its place a new subsection (a) to read as follows: (a) The supervisors shall not have the authority to adopt land use regulations until after they shall have caused due notice to be given of their intention to conduct a referendum for submission of such regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of such proposed regulations, and until after the supervisors have considered the result of such referendum. No proposed regulations shall be submitted in a referendum until after they have been submitted to and approved in writing by the commission. Copies of such proposed regulations shall be available for the inspection of all eligible voters during the period between the publication of the notice and the date of the referendum. The notice of the referendum shall recite the contents of the proposed regulations or shall state where copies of such proposed regulations may be examined.

Page 278

Section 14 . Said title is further amended by striking Code Section 2-6-45, relating to discontinuance of districts, and inserting in its place a new Code Section 2-6-45 to read as follows: 2-6-45. Following the expiration of five years from the organization of a district, any 25 owners of land lying within the boundaries of such district may file a petition with the commission seeking to have the operations of the district terminated and the existence of the district discontinued. The commission may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof. Section 15 . Said title is further amended by striking subsection (a) of Code Section 2-6-46, relating to a referendum for discontinuance of districts, and inserting in its place a new subsection (a) to read as follows: (a) Within 60 days after a petition has been received by the commission, it shall hold a referendum on the issue. The commission shall give due notice of the holding of the referendum, shall supervise such referendum, and shall issue appropriate regulations governing the conduct thereof. The question shall be submitted by ballots, upon which the words: `() YES () NO Shall the existence of the (name of district) be terminated?' shall appear, with directions that all persons desiring to vote for termination of the district shall vote `Yes' and all persons desiring to vote against termination of the district shall vote `No.' Section 16 . Said title is further amended by striking Code Section 2-6-47, relating to publication of referendum results, and inserting in its place a new Code Section 2-6-47 to read as follows: 2-6-47. The commission shall publish the result of the referendum. It shall consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the commission

Page 279

determines that the continued operation of such district is administratively practicable and feasible, it shall record such determination and deny the petition; provided, however, that the commission shall not have the authority to determine that the continued operation of the district is administratively practicable and feasible unless at least a majority of the votes cast in the referendum were cast in favor of the continuance of such district. If the commission determines that the continued operation of such district is not administratively practicable and feasible, it shall record such determination and shall certify such determination to the supervisors of the district. In making its determination, the commission shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in such referendum who voted, the proportion of the votes cast in such referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of land of the district, the probable expense of carrying on erosion control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative findings set forth in Code Section 2-6-21. Section 17 . Said title is further amended by strikign subsections (a) and (b) of Code Section 2-6-48, relating to certain certification by the committee, and inserting in their place new subsections (a) and (b), respectively, to read as follows: (a) Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the supervisors shall proceed forthwith to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay the proceeds of such sale into the state treasury. (b) The supervisors shall thereupon file an application, duly verified, with the Secretary of State for the discontinuance of such district and shall transmit with such application the certificate of the commission setting forth the determination of the commission that the continued operation of

Page 280

such district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and that the proceeds were paid as provided in this Code section and shall set forth a full accounting of such properties and of the proceeds of the sale. Section 18 . Said title is further amended by striking subsections (b) and (c) of Code Section 2-6-49, relating to the effect of dissolution, and inserting in their place new subsections (b) and (c), respectively, to read as follows: (b) All contracts entered into prior to the dissolution of a district, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The commission shall be substituted for the district or supervisors as party to such contracts. The commission shall be entitled to all benefits and subject to all liabilities under such contracts and shall have the same rights and liability to perform, to require performance, and to modify or terminate such contracts by mutual consent or otherwise as the supervisors of the district would have had. (c) Such dissolution shall not affect the lien of any judgment entered under Code Section 2-6-39 nor the pendency of any action instituted under such Code section. The commission shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions. Section 19 . Said title is further amended by striking Code Section 2-6-50, relating to frequency of discontinuance attempts, and inserting in its place a new Code Section 2-6-50 to read as follows: 2-6-50. The commission shall not be required to entertain petitions for the discontinuance of any district, to conduct referenda upon such petitions, or to make determinations pursuant to such petitions more often than once in five years. Section 20 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking paragraph (2) of Code Section 12-5-372, relating to definitions regarding dam safety, and inserting in its place a new paragraph (2) to read as follows:

Page 281

(2) `Commission' means the State Soil and Water Conservation Commission. Section 21 . Said title is further amended by striking paragraph (4) of Code Section 12-5-373, relating to certain powers and duties of the director as to dams, and inserting in its place a new paragraph (4) to read as follows: (4) To advise, consult, cooperate, contract, and enter into cooperative agreements with private persons, local units of government, and other governmental agencies or committees, including, but not limited to, the Department of Transportation, the State Soil and Water Conservation Commission, and the United States Army Corps of Engineers for the purposes of carrying out this part;. Section 22 . Said title is further amended by striking the introductory language of subsection (b) preceding paragraph (1) of subsection (b) of Code Section 12-5-376.1, relating to subclassification of category I dams, and inserting in its place the following: All category I dams identified by the commission pursuant to Code Section 12-5-375 shall be subclassified by the director as follows;. Section 23 . Said title is further amended by striking subsection (b) of Code Section 12-5-383, relating to certain liability for damages, and inserting in its place a new subsection (b) to read as follows: (b) Nothing in this part shall be construed to constitute a waiver of the sovereign immunity of the commission. No action shall be brought against the state, the commission, or any employee of the state or the commission for damages sustained through the partial or total failure of any dam or other artificial barrier dealt with in this part or its maintenance by reason of any supervision or other action taken or not taken pursuant to former Code Section 12-5-375. Section 24 . Said title is further amended by striking paragraph (2) of Code Section 12-7-3, relating to definitions regarding soil erosion and sedimentation, and inserting in its place a new paragraph (2) to read as follows:

Page 282

(2) `Commission' means the state Soil and Water Conservation Commission. Section 25 . Said title is further amended by striking Code Section 12-7-5, relating to the adoption of certain rules and regulations, and inserting in its place a new Code Section 12-7-5 to read as follows: 12-7-5. The board, by appropriate rules and regulations, shall adopt the procedures governing land-disturbing activities which are conducted in those counties and municipalities which do not have in effect an ordinance conforming to this chapter. Such rules and regulations shall be developed by the division, with the advice and consent of the commission and the appropriate district, and shall contain provisions which meet those minimum requirements set forth in Code Section 12-7-6. Section 26 . Said title is further amended by striking subsection (d) of Code Section 12-7-7, relating to permits for land-disturbing activities, and inserting in its place a new subsection (d) to read as follows: (d) Except as provided in this subsection, no permit shall be issued pursuant to subsection (b) or (c) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section 12-7-10. When the governing authority of a county or municipality lying within the boundaries of the district demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agreement which allows the governing authority to conduct review and approval without referring the application and plan to the district, if such governing authority meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this Code section with the governing authority of any county or municipality which is not certified pursuant to subsection (a) of Code Section 12-7-8. Section 27 . Said title is further amended by striking subsection (b) of Code Section 12-7-8, relating to certification of

Page 283

localities as issuing authorities, and inserting in its place a new subsection (b) to read as follows: (b) The districts or the commission or both may periodically review the actions of counties and municipalities which have been certified as issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any county or municipality for the purpose of improving the effectiveness of the county's or municipality's erosion and sedimentation control program. The districts or the commission may notify the division and request investigation by the division if any deficient or ineffective local program is found. Section 28 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (b) of Code Section 45-7-7, relating to changing compensation and allowances of certain public officials, and inserting in its place a new subsection (b) to read as follows: (b) Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affairs, the director of the Employees' Retirement System of Georgia, the director of the State Forestry Commission, the director of investigation of the Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices Commission, the commissioner of human resources, the commissioner of industry and trade, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the executive director of the Soil and Water Conservation Commission, the executive secretary-treasurer of the Teachers' Retirement System of Georgia, the commissioner of transportation, and the executive director of the State Campaign and Financial Disclosure Commission. Section 29 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 284

GENERAL ASSEMBLYREIMBURSEMENT FOR SERVICE ON COMMITTEES OF THE EXECUTIVE OR JUDICIAL BRANCH; PRESIDENT PRO TEMPORE; SPEAKER PRO TEMPORE; COMPENSATION. Code Sections 45-7-3 and 45-7-4 Amended. No. 1091 (House Bill No. 1196). AN ACT To amend Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, so as to provide that members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for service upon advisory and investigative boards, committees, commissions, and other similar entities of the executive and judicial branches; to provide for related matters; to change the compensation of the President Pro Tempore of the Senate and the Speaker Pro Tempore of the House of Representatives; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees in general, is amended by striking Code Section 45-7-3, relating to limitations upon the compensation of certain state officials, and inserting in its place a new Code Section 45-7-3 to read as follows: 45-7-3. (a) Unless specifically stated otherwise, the state officials designated in Code Sections 45-7-4, 45-7-20, and 45-7-21 shall not receive from state funds any compensation, salary, contingent expense allowance, longevity pay, or allowance of any kind other than that specified or provided for in such Code sections. The annual salary for each such official shall be paid in equal monthly or semimonthly installments. (b) Members of the General Assembly may be reimbursed from funds of the executive and judicial branches of

Page 285

state government for their service upon advisory or investigative boards, committees, commissions, and other similar entities of the executive and judicial branches, subject to the following conditions: (1) Such reimbursement shall be limited to actual expenses incurred or to actual travel expenses incurred and a per diem allowance not to exceed the per diem allowance paid to members of the General Assembly for service on interim committees of the General Assembly, provided that a mileage allowance for use of a personal motor vehicle may be substituted for actual expenses incurred in the use of the vehicle; and (2) No such reimbursement shall be paid to any member of the General Assembly for any day upon which the member of the General Assembly receives compensation or reimbursement from the legislative branch of state government. Members of the General Assembly are expressly authorized to receive reimbursement as provided for in this subsection, and the executive and judicial branches of state government are expressly authorized to pay reimbursement as provided for in this subsection. Section 2 . Said article is further amended by striking paragraphs (24) and (25) of subsection (a) of Code Section 45-7-4, relating to compensation of certain state officials, and inserting in place thereof new paragraphs (24) and (25) to read as follows: (24) President Pro Tempore of the Senate 4,800.00 The President Pro Tempore of the Senate shall also receive the salary and allowances authorized as a member of the General Assembly. (25) Speaker Pro Tempore of the House of Representatives 4,800.00 The Speaker Pro Tempore of the House of Representatives shall also receive the salary and allowances authorized as a member of the General Assembly. Section 3 . Section 2 of this Act shall become effective on the convening date of the 1989 regular session of the General Assembly, and the remaining provisions of 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 24, 1988. PEACE OFFICER AND PROSECUTOR TRAINING FUNDMAGISTRATE COURTS; PENALTIES. Code Section 15-21-73 Amended. No. 1092 (House Bill No. 1202). AN ACT To amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the Peace Officer and Prosecutor Training Fund Act of 1983, so as to provide that

Page 287

the additional penalty imposed in certain criminal and traffic cases and upon violation of bond shall be applicable to the magistrate courts; to include the magistrate courts within the provisions of such Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the Peace Officer and Prosecutor Training Fund Act of 1983, is amended by striking in its entirety Code Section 15-21-73, relating to the penalty to be imposed in certain criminal and traffic cases and upon violation of bond, and inserting in lieu thereof a new Code Section 15-21-73 to read as follows: 15-21-73. (a) (1) In every case in which any state court, probate court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to the lesser of $50.00 or 10 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to the lesser of $50.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal court, magistrate court, or superior court shall order the forfeiture of bail or bond, the additional sum equal to the lesser of $50.00 or 10 percent of the original bail or bond shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia.

Page 288

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. DEPARTMENT OF MEDICAL ASSISTANCEHEARINGS; ADMINISTRATIVE DECISIONS. Code Section 49-4-153 Amended. No. 1093 (House Bill No. 1239). AN ACT To amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assistance, so as to authorize the commissioner of medical assistance to remand, reverse, or modify the final administrative recommendations of his appointees in hearings for recipients; to unify and clarify the appeals procedures for applicants for and recipients of medical assistance; 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 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals by the Board of Medical Assistance, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Any applicant for medical assistance whose application is denied or is not acted upon with reasonable promptness and any recipient of medical assistance aggrieved by the action or inaction of the Department of

Page 289

Medical Assistance as to any medical or remedial care or service which such recipient alleges should be reimbursed under the terms of the state plan which was in effect on the date on which such care or service was rendered or is sought to be rendered shall be entitled to a hearing upon his request for such in writing. A written recommendation on any matter with respect to which a hearing is requested shall be rendered in writing by a representative of the commissioner of medical assistance. The final administrative recommendation rendered by the commissioner's representative shall become the final administrative decision of the commissioner of medical assistance unless the commissioner, within five business days after the recommendation, remands the case for further findings or reverses or modifies the recommendation due to the misapplication of law or policy to the facts found by his representative. (2) A provider of medical assistance aggrieved by an action of the Department of Medical Assistance with respect to a denial of or the determination of the amount of medical assistance paid on a certain item of medical or remedial care or service rendered by such provider shall be entitled to a hearing upon his request therefor in writing. A decision shall be rendered in writing by the commissioner of medical assistance or his representative. Should such a decision be adverse to the provider and should he desire to appeal that decision, he must file a request therefor, in writing, with the commissioner within five days of his receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the provider. The commissioner may affirm, modify, or reverse the decision appealed from. (3) A person or institution who either has been refused enrollment as a provider in the state plan or has been terminated as a provider by the Department of Medical Assistance shall be entitled to a hearing; provided, however, no entitlement to a hearing before the department shall lie for refusals or terminations based on the want of any license, permit, certificate, approval, registration, charter, or other form of permission issued by an entity other than the Department of Medical Assistance,

Page 290

which form of permission is required by law either to render care or to receive medical assistance in which federal financial participation is available. The final determination (subject to judicial review, if any) of such an entity denying issuance of such a form of permission shall be binding on and unreviewable by the Department of Medical Assistance. In cases where an entitlement to a hearing before the Department of Medical Assistance, pursuant to this paragraph, lies, the Department of Medical Assistance shall give written notice of either the denial of enrollment or termination from enrollment to the affected person or institution; and such notice shall include the reasons of the Department of Medical Assistance for denial or termination. Should such a person or institution desire to contest the initial decision of the Department of Medical Assistance, he must give written notice of his appeal to the commissioner of medical assistance within ten days after the date on which the notice of denial or notice of termination was transmitted to him. A hearing shall be scheduled and commenced within 20 days after the date on which the commissioner receives the notice of appeal; and the commissioner or his designee or designees shall render a final administrative decision as soon as practicable thereafter. 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 24, 1988.

Page 291

OFFICE OF RURAL DEVELOPMENTCREATION WITHIN THE DEPARTMENT OF COMMUNITY AFFAIRS; STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT. Code Sections 50-8-130 through 50-8-140 Enacted. No. 1094 (House Bill No. 1260). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the Office of Rural Development within the Department of Community Affairs; to provide for legislative findings; to provide for the powers and duties of the office; to provide for personnel; to create the State Advisory Committee on Rural Development; to provide for the membership of the committee and for its powers and duties; 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 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 Part 1 50-8-130. (a) It is the finding of the General Assembly that economic conditions in rural Georgia can be significantly improved through the creation of a focused and coordinated effort. It is further found that it is appropriate for the state to assist in enhancing economic opportunities and preserving the quality of life in rural communities. (b) There is created within the Department of Community Affairs the Office of Rural Development in order to address effectively the needs, problems, and opportunities of Georgia's rural areas.

Page 292

50-8-131. The Office of Rural Development is charged and empowered to carry out the following duties and responsibilities: (1) To serve as the clearing-house and point of contact in state government for information, data, resources, and assistance regarding rural development. The office shall either provide assistance or refer local governments, individuals, and others seeking help to the appropriate department or agency of the state or federal government or elsewhere where applicable; (2) To conduct ongoing research and analyses of issues and policies affecting rural Georgia and provide advice and recommendations to the Governor and General Assembly on such issues and policies and to publish periodically information and data on the rural economy, including the preparation of the biennial rural economic development plan required in Part 2 of this article; (3) To monitor and report on activities at the federal level affecting rural development to ensure a prompt and adequate state response to new or amended federal programs and initiatives; (4) To serve as the Governor's principal adviser on rural development and to assist in coordinating the activities and services of state agencies in order to provide more effective services to rural Georgia; (5) To supply coordination among state agencies, the University System of Georgia, and others on research and technical assistance related to rural development; (6) To provide technical assistance to rural communities to facilitate the planning, design, and implementation of rural development initiatives; and (7) To encourage the assistance of the private sector in effectuating rural development and revitalization. 50-8-132. The commissioner of community affairs may appoint employees as may be necessary to implement such

Page 293

powers and duties as are described by this article. The employees of the Office of Rural Development shall be unclassified positions for the purposes of the State Merit System and shall serve at the pleasure of the commissioner of community affairs. The commissioner of community affairs shall describe the duties and fix the compensation for all such employees. Part 2 50-8-140 (a) Effective July 1, 1988, there is created a State Advisory Committee on Rural Development. The committee shall advise the commissioner of community affairs and Board of Community Affairs on matters related to rural development and the preparation of a biennial rural economic development plan and any other such matters requested by the commissioner of community affairs or Board of Community Affairs. The committee shall consist of fifteen members, composed of elected officials of municipalities, elected officials of counties, members of the General Assembly, and other persons knowledgeable about the community and economic development of rural areas appointed by the commissioner of community affairs. In making appointments to the committee, the commissioner of community affairs shall ensure that members include representatives from throughout rural Georgia. (b) Members of the committee shall serve terms of office of two years and until their successors are appointed by the commissioner of community affairs and qualified. (c) The committee at its initial meeting, which meeting shall be called by the commissioner of community affairs promptly after the appointment of its members, shall elect a chairman, vice-chairman, and secretary from among its members. These officers shall serve one year terms, after which time officers shall again be elected. (d) The committee shall meet at least twice a year; however, the commissioner of community affairs or the chairman of the committee may call additional special meetings.

Page 294

(e) Membership on the committee shall not preclude the member from holding other public office. Each member of the committee shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a committee member is in attendance at a meeting of the committee, plus reimbursement for actual transportation costs incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration. (f) The committee shall adopt, and the Board of Community Affairs shall approve, bylaws for the regulation of its affairs and conduct of its business. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. ELECTIONSPARTY PRIMARIES; QUALIFYING FEES; DISTRIBUTION TO STATE PARTY. Code Section 21-2-131 Amended. No. 1095 (House Bill No. 1326). AN ACT To amend Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, so as to change the provisions relating to the distribution of qualifying fees paid to state political parties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 295

Section 1 . Code Section 21-2-131 of the Official Code of Georgia Annotated, relating to qualifying fees for party and public offices, is amended by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph (2) to read as follows: (2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the fifth day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; . 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 24, 1988.

Page 296

BANKS AND TRUST COMPANIESBOARDS OF DIRECTORS; MEETINGS. Code Section 7-1-483 Amended. No. 1096 (House Bill No. 1345). AN ACT To amend Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meetings of boards of directors, quorum, committees, and acting without meeting, so as to authorize the department to reduce the frequency of required meetings of the board of directors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 7-1-483 of the Official Code of Georgia Annotated, relating to meetings of boards of directors, quorum, committees, and acting without meeting, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The board of directors shall hold regular meetings at such times as may be fixed by the bylaws and shall at all times be subject to call by the chairman of the board, by the president, or by any two members of the board. The board shall meet at least once in ten different months of each calendar year unless an alternative schedule is approved in writing by the department, but in no event shall the board meet less frequently than once in each calendar quarter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 297

STATE COMMISSION ON COMPENSATIONMEMBERS; COMPENSATION. Code Section 45-7-92 Amended. No. 1097 (House Bill No. 1414). AN ACT To amend Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commission on Compensation, so as to change the salary of the members of the commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-7-92 of the Official Code of Georgia Annotated, relating to oath, salary, expenses, and meetings of members of the State Commission on Compensation, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 45-7-92 to read as follows: 45-7-92. Members of the commission shall take an oath to uphold the Constitution and laws of the United States and of the State of Georgia and shall receive a salary of $59.00 per day for each day of service and such expenses and allowances while performing their duties of office as are refundable to state employees. All expenses incurred by the commission in the performance of its duties shall be paid from funds available to the General Assembly. The commission shall meet no more than 30 days during the year it is established and no more than 15 days in any year thereafter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 298

PUBLIC OFFICERS AND EMPLOYEESMUNICIPAL GOVERNING AUTHORITIES; INDICTMENT AND APPEARANCE BEFORE GRAND JURY. Code Section 45-11-4 Amended. No. 1098 (House Bill No. 1425). AN ACT To amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, so as to include members of any municipal governing authority in the procedure for indictment and appearance before a grand jury on charges relating to public office; 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 45 of the Official Code of Georgia Annotated, relating to offenses concerning public officers and employees, is amended by striking Code Section 45-11-4, relating to the procedure for indictment of certain public officials, and inserting in lieu thereof a new Code Section 45-11-4 to read as follows: 45-11-4. Any judge of the probate court, member of any board of commissioners, or the mayor or member of any municipal governing authority who shall be charged with malpractice in office; or with using oppression or tyrannical partiality; or with willfully refusing or failing to preside in or hold his court at the regular terms thereof, or when it is his duty under the law to do so; or with using any other means to delay or avoid the due course or proceeding of law; or with any other conduct unbecoming the character of an upright magistrate; or who shall willfully and knowingly demand more cost than he is entitled to by law in the administration and under color of his office may be indicted. The indictment shall specially set forth the merits of the complaint. A copy of the indictment shall be served on the defendant before it is presented to the grand jury. The accused

Page 299

shall have the right to appear before the grand jury and make such sworn statement as he shall desire at the conclusion of the presentation of the state's evidence. The accused shall not be subject to examination, either direct or cross, and shall not have the right individually or through his counsel to examine the witnesses. The accused and his counsel shall have the right to be present during the presentation of all evidence and statements of the accused on the proposed indictment, presentment, or accusation after which he and his counsel shall retire from the grand jury room. If a true bill is returned by the grand jury, the indictment shall as in other cases be tried by a petit jury; and, if the defendant is convicted, he shall be punished by a fine or by imprisonment in the common jail of the county, or both, at the discretion of the court; and, if still in office, he shall be removed from office. 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 24, 1988. CRIMES AND OFFENSESDAMAGE TO PROPERTY SUBJECT TO A SECURITY INTEREST; PENALTIES. Code Section 16-9-51 Amended. No. 1099 (House Bill No. 1431). AN ACT To amend Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, so as to make it a misdemeanor of a high and aggravated nature if the damage to certain property is greater than $500.00; to repeal conflicting laws; and for other purposes.

Page 300

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-9-51 of the Official Code of Georgia Annotated, relating to damage to certain property, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section 16-9-51 to read as follows: 16-9-51. (a) Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor. (b) A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature. (c) In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 301

CRIMES AND OFFENSESOBSTRUCTING OR HINDERING A FIREFIGHTER; PENALTIES. Code Section 16-10-24.1 Enacted. No. 1100 (House Bill No. 1436). 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 it shall be a misdemeanor to obstruct or hinder a firefighter in the lawful performance of official duties; to provide that it shall be a felony to knowingly and willfully resist, obstruct, or oppose a firefighter in the lawful performance of duties by offering or doing violence to the person of the firefighter; to provide for a definition; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding immediately following Code Section 16-10-24 a new Code Section 16-10-24.1 to read as follows: 16-10-24.1. (a) As used in this Code section, the term `firefighter' means: (1) Any person who is employed as a professional firefighter on a full-time basis for at least 40 hours per week by any county, municipal, or state fire department when such person has responsibility for preventing and suppressing fires, protecting life and property, enforcing municipal, county, or state fire prevention codes, or enforcing any law or ordinance pertaining to the prevention or control of fires;

Page 302

(2) Any volunteer fireman as the term `volunteer fireman' is defined by paragraph (6) of Code Section 47-7-1 as said paragraph (6) exists on January 1, 1988; or (3) Any person employed as a professional firefighter on a full-time basis for at least 40 hours per week by a person or corporation which has a contract with a municipality or county to provide fire prevention and fire-fighting services for such municipality or county when such person has responsibility for preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, or enforcing any municipal or county ordinances pertaining to the prevention and control of fires. (b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any firefighter in the lawful discharge of the firefighter's official duties is guilty of a misdemeanor. (c) Whoever knowingly and willfully resists, obstructs, or opposes any firefighter in the lawful discharge of the firefighter's official duties by offering or doing violence to the person of such firefighter 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 24, 1988.

Page 303

CORPORATIONSSECRETARY OF STATE; FEES; STATE-WIDE COUNTY COMPUTERIZED INFORMATION NETWORK. Code Sections 14-2-371, 14-2-410, 14-3-291, and 14-3-330 Amended. Code Section 15-6-87.1 Enacted. No. 1101 (House Bill No. 1444). AN ACT To amend Code Section 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certificates relating to business corporations, so as to change a fee in order to provide funds to create a state-wide county computerized information network for access to corporate records maintained by the Secretary of State; to amend Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Code Section 14-3-291 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, so as to change a fee in order to provide funds to create a state-wide county computerized information network for access to corporate records maintained by the Secretary of State; to amend Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, so as to change the provisions relating to failure or refusal to file an annual report; to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for a state-wide county computerized information network and participation by clerks of superior courts therein; to provide for fees and costs; 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 14-2-371 of the Official Code of Georgia Annotated, relating to fees of the Secretary of State

Page 304

for filing documents and issuing certificates relating to business corporations, is amended by striking paragraph (24) and inserting in lieu thereof a new paragraph (24) to read as follows: (24) Filing annual registration of a domestic or foreign corporation.....15.00 Section 2 . Code Section 14-2-410 of the Official Code of Georgia Annotated, relating to penalties imposed upon corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-2-283. Section 3 . Code Section 14-3-291, relating to fees of the Secretary of State for filing documents and issuing certificates relating to nonprofit corporations, is amended by striking paragraph (19) and inserting in lieu thereof a new paragraph (19) to read as follows: (19) Filing annual registration of domestic or foreign corporation.....15.00 Section 4 . Code Section 14-3-330 of the Official Code of Georgia Annotated, relating to penalties imposed upon nonprofit corporations, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary dissolution as provided in Code Section 14-3-217.

Page 305

Section 5 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding, following Code Section 15-6-87, a new Code Section 15-6-87.1 to read as follows: 15-6-87.1. Provided that the General Assembly appropriates the necessary funds for the establishment and operation of a state-wide county computerized information network, each clerk of a superior court shall participate in the network so as to provide local public access to any information which is filed with the Secretary of State pursuant to Title 14 and which is available through such a computerized information network. The network may be developed to provide each clerk of a superior court with additional public information. Each clerk of a superior court shall be authorized, but not required, to charge and collect a fee of not more than $2.00 for the first page and $.50 per page for each additional page to recover the cost of providing a printed copy of any information which is available through the computerized information network. Section 6 . Sections 2 and 4 of this Act shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1988. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 306

GAME AND FISHSPORT TROTLINES; ONE-HALF MILE BELOW LOCK OR DAM. Code Section 27-4-32 Amended. No. 1102 (House Bill No. 1446). AN ACT To amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fishing, so as to prohibit the use of sport trotlines within one-half mile below any lock or dam on any of the fresh waters of this state; 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 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to noncommercial fishing, is amended by striking Code Section 27-4-32, relating to sport trotlines, and inserting in its place a new Code Section 27-4-32 to read as follows: 27-4-32. Sport trotlines must be marked with the owner's name and address and with visible buoys and must be submerged at least three feet below the surface of the water. Such trotlines must be attended regularly and removed after the completed fishing trip. Unmarked or unattended lines will be confiscated by personnel of the department. As used in this Code section, `sport trotlines' means one line or a combination of lines using less than 51 hooks. It shall be unlawful to use any sport trotline within one-half mile below any lock or dam on any of the fresh waters of this state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 307

STATE BOARD OF ACCOUNTANCYCONTINUATION. Code Section 43-3-38 Amended. No. 1103 (House Bill No. 1454). AN ACT To amend Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, so as to continue that board but provide for the later termination of the 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 . Code Section 43-3-38 of the Official Code of Georgia Annotated, relating to the termination of the State Board of Accountancy, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 43-3-38. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Accountancy shall be terminated on July 1, 1994, 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 24, 1988.

Page 308

MOTOR VEHICLES AND TRAFFICSPEED DETECTION DEVICE TECHNICIANS; QUALIFICATIONS. Code Section 40-14-4 Amended. No. 1104 (House Bill No. 1469). AN ACT To amend Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, so as to change the requirement for technicians who test speed detection devices; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-14-4 of the Official Code of Georgia Annotated, relating to compliance with federal rules and speed detection devices, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 40-14-4. No state, county, or municipal law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with applicable parts of 47 CFR 90.101 subpart (f) of the Federal Communications Commission rules, and unless each device, before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing a certification as required by the Department of Public Safety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 309

STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORSCONTINUATION; MEMBERSHIP. Code Sections 43-15-3 and 43-15-31 Amended. No. 1105 (House Bill No. 1503). AN ACT To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to continue the State Board of Registration for Professional Engineers and Land Surveyors and provide for its later termination; to increase the number of land surveyors serving on the State Board of Registration for Professional Engineers and Land Surveyors; 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 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking Code Section 43-15-31, relating to termination, and inserting in lieu thereof a new Code Section 43-15-31 to read as follows: 43-15-31. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Professional Engineers and Land Surveyors shall be terminated on July 1, 1994, 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 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-15-3, relating to membership of the State Board of Registration for Professional Engineers and Land Surveyors, and substituting in lieu thereof a new subsection (b) to read as follows:

Page 310

(b) The board shall consist of four professional engineers, two land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land syrveying, all of whom shall be appointed by the Governor for a term of five years. Each member of the board shall be a citizen of the United States and a resident of this state. Section 3 . This Act shall become effective July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. PUBLIC OFFICERS AND EMPLOYEESSTATE-OWNED MOTOR VEHICLES; LIABILITY INSURANCE FOR NONPROFIT AGENCIES AND THEIR EMPLOYEES CONTRACTING WITH THE DEPARTMENT OF TRANSPORTATION. Code Section 45-9-42 Amended. No. 1106 (House Bill No. 1519). AN ACT To amend Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, so as to provide coverage for persons authorized to operate vehicles by nonprofit agencies which have contracted with the Department of Transportation to furnish certain services; to extend insurance coverage to employees of nonprofit agencies who have subcontracted to furnish certain services; to provide coverage for the authorized use of certain vehicles funded through the Department of Transportation; to repeal conflicting laws; and for other purposes.

Page 311

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-9-42 of the Official Code of Georgia Annotated, relating to insurance for persons authorized to operate vehicles by nonprofit agencies contracting with the Department of Human Resources, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The policy of insurance provided for in Code Section 45-9-40 may also provide to nonprofit agencies and their employees, which agencies have contracted with the Department of Transportation or the Department of Human Resources to furnish certain services or have subcontracted with similar nonprofit agencies for the same, protection from liability for damages arising out of the authorized use of a state-owned vehicle or a vehicle funded pursuant to subsection (a) of Code Section 32-9-3 by an employee of such agency during the course of such person's employment with such nonprofit agency, provided the cost of such insurance furnished to any such nonprofit agency and its employees shall be allocated to and paid by such agency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 312

DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION; PROCESS SERVERS. Code Section 35-2-36 Amended. No. 1107 (House Bill No. 1523). AN ACT To amend Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, so as to provide for process servers within the battalion; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-2-36 of the Official Code of Georgia Annotated, relating to the composition of the battalion of the Uniform Division of the Department of Public Safety, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The personnel of the battalion shall be ranked according to a semimilitary structure with such ranks as the board shall deem appropriate, including, but not restricted to the following: (1) Major; (2) Captain; (3) First lieutenant; (4) Sergeant major; (5) Sergeant first class; (6) Sergeant; (7) Corporal;

Page 313

(8) Trooper first class; (9) Trooper; (10) Trooper cadets; and (11) Process servers. 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 24, 1988. PROFESSIONS AND BUSINESSESSTATE BOARD OF ARCHITECTS; CONTINUATION. Code Section 43-4-18 Amended. No. 1108 (House Bill No. 1559). AN ACT To amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to the practice of architecture, so as to continue the State Board of Architects; 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 practice of architecture, is amended by striking Code Section 43-4-18, relating to termination of the State Board of Architects, in its entirety and inserting in lieu thereof a new Code Section 43-4-18 to read as follows:

Page 314

43-4-18. For the purposes of Chapter 2 of this title, The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Architects shall be terminated on July 1, 1994, 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 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. BOILER AND PRESSURE VESSEL SAFETY ACTEXEMPTION; LIQUID PROPANE GAS PRESSURE VESSELS. Code Section 34-11-7 Amended. No. 1109 (House Bill No. 1576). AN ACT To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, so as to exempt pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

Page 315

(b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 and Code Sections 34-11-15 and 34-11-16: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; and (5) Pressure vessels used for storage of liquid propane gas, 2,000 gallons and below under the jurisdiction of NFPA 58, and which are inspected on a regular basis by the state fire marshal or a local fire marshal. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 316

CRIMES AND OFFENSESINFLUENCING WITNESSES; THREATS OF INJURY TO EMPLOYMENT; ADMINISTRATIVE PROCEEDINGS. Code Section 16-10-93 Amended. No. 1110 (House Bill No. 1577). AN ACT To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to change the provisions relating to influencing witnesses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by striking Code Section 16-10-93, relating to influencing witnesses, and inserting in lieu thereof a new Code Section 16-10-93 to read as follows: 16-10-93. A person who, with intent to deter a witness from testifying freely, fully, and truthfully to any matter pending in any court, in any administrative proceeding, or before a grand jury, communicates, directly or indirectly, to such witness any threat of injury or damage to the person, property, or employment of the witness or to the person, property, or employment of any relative of the witness or who offers or delivers any benefit, reward, or consideration to such witness or to a relative of the witness 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 24, 1988.

Page 317

INSURANCEINSURABLE INTEREST OF PUBLICLY OWNED CORPORATIONS IN LIVES OF DIRECTORS, OFFICERS, AND EMPLOYEES. Code Section 33-24-3 Amended. No. 1111 (House Bill No. 1589). AN ACT To amend Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insurance, so as to provide that a publicly owned corporation shall have an insurable interest in the lives of any of its directors, officers, and employees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-24-3 of the Official Code of Georgia Annotated, relating to the requirement of insurable interest with reference to personal insurance, is amended by redesignating subsections (c) and (d) as subsections (d) and (e) and by adding immediately following subsection (b) a new subsection (c) to read as follows: (c) A publicly owned corporation has an insurable interest in the lives of any of its directors, officers, and employees. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 318

CEMETERIESABANDONED; COUNTIES AUTHORIZED TO PRESERVE AND PROTECT. Code Section 36-1-23 Enacted. No. 1112 (House Bill No. 1594). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relating to counties, so as to authorize counties to preserve and protect abandoned cemeteries; 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 relating to counties, is amended by adding at the end thereof a new Code Section 36-1-23 to read as follows: 36-1-23. (a) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being maintained and to expend public money in connection therewith. (b) As used in this Code section, the term `preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 319

EDUCATIONTEACHERS' HEALTH INSURANCE FUND; LOCAL EMPLOYER'S CONTRIBUTIONS. Code Section 20-2-892 Amended. No. 1113 (House Bill No. 1622). AN ACT To amend Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withholding or deducting employees' contributions, so as to change the method of computing the local employer's share of contributions to the health insurance fund; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-2-892 of the Official Code of Georgia Annotated, relating to contributions by employees, state and local employers, and withholding or deducting employees' contributions, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board based on a percentage 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 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 24, 1988.

Page 320

SUPERIOR COURTSCLERKS; FEES; PETITIONS ALLEGING FAMILY VIOLENCE; FILING A FOREIGN MONEY JUDGMENT. Code Sections 9-12-135, 15-6-77, and 19-13-3 Amended. No. 1114 (House Bill No. 1635). AN ACT To amend Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior court, and Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to petitions for relief from family violence, so as to delete certain specific monetary fees, to include these fees in the listing of fees of clerks of the superior courts, and to incorporate those fees by 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 . Code Section 9-12-135 of the Official Code of Georgia Annotated, relating to fees for filing foreign judgments, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 9-12-135. A person filing a foreign judgment shall pay to the clerk of the court the amount specified therefor in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state. Section 2 . Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of clerks of the superior courts, is amended by adding at the end of subsection (d) thereof two new paragraphs to read as follows: (16) Filing petition alleging one or more acts of family violence pursuant to Article 1 of Chapter 13 of Title 19..... 16.00

Page 321

(17) Filing a foreign money judgment pursuant to Article 6 of Chapter 12 of Title 9..... 10.00 Section 3 . Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to petitions for relief from family violence, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) A person who is not a minor may seek relief under this article by filing a petition with the superior court alleging one or more acts of family violence. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. The fee for filing a petition shall be as provided in Code Section 15-6-77. 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 24, 1988. EDUCATIONSCHOOL BUS DRIVERS; MINIMUM SALARIES. Code Section 20-2-188 Amended. No. 1115 (House Bill No. 1692). AN ACT To amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation under the Quality Basic Education Act, so as to change the provisions relating to minimum salaries for school bus drivers; to repeal conflicting laws; and for other purposes.

Page 322

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 student transportation under 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 of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration 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 $422.38 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 323

GAME AND FISHREPORTS OF DEER KILLED. Code Section 27-3-15 Amended. No. 1116 (House Bill No. 1694). AN ACT To amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, so as to provide that the Department of Natural Resources shall report annually to the General Assembly the estimated and actual number of deer killed in a season; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, is amended by adding a new subsection (g) to read as follows: (g) (1) The department shall report to the General Assembly on or before the fifth day of February of each year the estimated number of deer killed, by sex, in the immediately preceding season. (2) Upon completion of its annual analysis of data from the immediately preceding season, the department shall report to the General Assembly on the same day that it reports to the Board of Natural Resources each year the actual number of deer killed, by sex, in the immediately preceding season. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 324

TICKET SCALPINGSERVICE CHARGES. Code Section 10-1-310 Amended. No. 1117 (House Bill No. 1724). AN ACT To amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, is amended by striking Code Section 10-1-310, relating to the unlawful scalping of tickets for certain athletic contests, and inserting in its place a new Code Section 10-1-310 to read as follows: 10-1-310. It shall be unlawful for any person to sell or offer for sale any ticket of admission or other evidence of the right of entry to any football game, basketball game, baseball game, soccer game, hockey game, or tennis or golf tournament for a price in excess of the price printed on the ticket; provided, however, that a service charge not to exceed $3.00 may be charged when tickets or other evidences of the right of entry are sold by an authorized ticket agent through places of established business licensed to do business by the municipality or county, where applicable, in which such places of business are located. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988.

Page 325

ANIMALSFEES OF SHERIFFS FOR IMPOUNDING STRAY LIVESTOCK. Code Section 4-3-10 Amended. No. 1118 (House Bill No. 1806). AN ACT To amend Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, so as to change such fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 4-3-10 of the Official Code of Georgia Annotated, relating to fees for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 4-3-10 to read as follows: 4-3-10. The fees allowed for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals shall be as follows: (1) For impounding each animal, the sum of $10.00 and mileage as provided by law for the arrest and commitment of prisoners; (2) For serving any notice and making return thereon, the sum of $7.50 and mileage provided by law for executing writs in actions at law and making return upon the same; (3) For feed and care of impounded animals, the sum of $5.00 per day per animal; (4) For advertising or posting notices of sale of impounded animals, the same as provided by law for advertising property for sale under process;

Page 326

(5) For sale or other disposition of impounded animals, the sum of $5.00; and (6) For report of sale of impounded animals, the sum of $2.50. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 24, 1988. UNITED STATES CONSTITUTIONCONGRESS; COMPENSATION OF MEMBERS; RATIFICATION OF AMENDMENT. No. 55 (House Resolution No. 282). A RESOLUTION To ratify a proposed amendment to the Constitution of the United States of America relative to compensation for the services of members of the United States Congress; and for other purposes. WHEREAS, on September 25, 1789, the Congress of the United States offered to the states for ratification the following proposed amendment to the Constitution of the United States: Article Section 1. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened; and WHEREAS, the Congress of the United States, upon proposing that amendment, did not place any time limitation on its final adoption; and

Page 327

WHEREAS, Congressmen recently received substantial pay increases which became effective without a vote of the Congress; and WHEREAS, increases in compensation and benefits to most citizens of the United States are far behind these increases provided to elected Congressmen; and WHEREAS, the above-quoted amendment to the Constitution of the United States has already been ratified by the Legislatures of the following states; Maryland (1789), North Carolina (1789), South Carolina (1790), Delaware (1790), Vermont (1791), Virginia (1791), Ohio (1873), Wyoming (1978), Maine (1983), Colorado (1984), South Dakota (1985), New Hampshire (1985), Arizona (1985), Tennessee (1985), Oklahoma (1985), New Mexico (1986), Indiana (1986), and Utah (1986). NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Legislature of the State of Georgia, pursuant to Article V of the United States Constitution, hereby ratifies an amendment to the Constitution of the United States proposed by resolution of the First Congress of the United States in New York, New York, on September 25, 1789, which amendment reads as follows: Article Section 1. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. BE IT FURTHER RESOLVED that copies of this resolution shall be prepared and forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the Administration of General Services of the United States with a request that it be printed in the Congressional Record. Approved March 28, 1988.

Page 328

CONVEYANCE OF STATE OWNED REAL PROPERTY IN BARTOW COUNTY AUTHORIZED. No. 56 (House Resolution No. 577). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow 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 Bartow County, Georgia; and WHEREAS, said real property is described as follows: A parcel of the Western and Atlantic Railroad (WA) lying and being in Land Lot 1216 of the 21st District, 2nd Section, Bartow County, Georgia, and described as a triangular-shaped lot formerly used as a WA section lot lying in the fork between the old WA right-of-way relocated in 1948-1949 and the existing WA right-of-way, shown on the Western and Atlantic Railroad Valuation Map No. V2/16 (on file in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia, and in the offices of the State Properties Commission) (for a more complete description, purchaser shall provide a survey to be approved by the Executive Director of the State Properties Commission); and WHEREAS, the above-described property was a part of the state owned Western Atlantic Railroad right-of-way and has been abandoned and is no longer needed by the state. 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.

Page 329

Section 2 . That the above-described real property shall be sold and conveyed by appropriate instrument to a purchaser approved by the State Properties Commission, by the State of Georgia, acting by and through the State Properties Commission, for a consideration not less than the fair market value and upon such further consideration and provisions as directed by the State Properties Commission. Section 3 . That a plat of survey shall be provided by purchaser, suitable for recording in Bartow County, and presented to the Executive Director of the State Properties Commission for his approval. 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 28, 1988. TATTNALL COUNTYBOARD OF EDUCATION; SWAP OF STATE OWNED PROPERTY FOR PROPERTY OF THE BOARD OF EDUCATION. No. 57 (House Resolution No. 581). A RESOLUTION Authorizing the conveyance of certain state owned real property located in the City of Reidsville, Tattnall County, Georgia, to the Tattnall County Board of Education and the acceptance of certain real property owned by the Tattnall County Board of Education located in the City of Reidsville, Tattnall County, Georgia, in consideration therefor; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 330

WHEREAS, the State of Georgia is the owner of certain real property lying within the boundaries of the Gordonia-Alatamaha State Park, City of Reidsville, Tattnall County, Georgia; and WHEREAS, custody of the subject state owned real property is vested in the Department of Natural Resources; and WHEREAS, the said state owned real property is described as follows: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the City of Reidsville, 41 G.M.D., Tattnall County, Georgia, containing 0.269 of one acre as same is shown as Parcel B on a certain March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, plat of survey entitled Survey for Georgia Department of Natural Resources Tattnall County Board of Education, Plat of 2 parcels of Land, City of Reidsville, 41 G.M.D. Tattnall County, Georgia, prepared by Davis and Associates, Engineers - Land Surveyors, more particularly Joe P. Davis, Georgia Registered Land Surveyor No. 1436, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows: TO FIND THE POINT OF BEGINNING, commence at a point formed by the intersection of the West right-of-way line of U.S. Route 280 and the centerline of the Park Road at said Park Road's easternmost intersection with U.S. Route 280; thence running N 54 degrees 29 minutes 12 seconds E along the West right-of-way line of U.S. Route 280 a distance of 64.98 feet (chord) to a point; thence running S 35 degrees 39 minutes 45 seconds E along an offset in said right-of-way a distance of 12.50 feet to a point; thence running N 51 degrees 55 minutes 48 seconds E along said West right-of-way of U.S. Route 280 a distance of 152.83 feet (chord) to a point marked by an aluminum monument; thence running N 36 degrees 55 minutes 29 seconds W a distance of 334.74 feet to a point marked by a concrete monument, said point being the POINT OF BEGINNING; thence running N 75 degrees 20 minutes 58 seconds W a distance of 297.10 feet to a point; thence running S 57 degrees 06 minutes 45

Page 331

seconds E a distance of 252.00 feet to a point marked by an aluminum monument; thence running N 50 degrees 52 minutes 15 seconds E a distance of 97.75 feet to the POINT OF BEGINNING; and WHEREAS, the Tattnall County Board of Education represents that it is the owner of certain real property adjoining the aforedescribed state owned property; and WHEREAS, said Tattnall County Board of Education owned property is more particularly described as follows: ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the City of Reidsville, 41 G.M.D., Tattnall County, Georgia, containing 1.636 acres as same is shown as Parcel A on a certain March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, plat of survey entitled Survey for Georgia Department of Natural Resources Tattnall County Board of Education, Plat of 2 parcels of Land, City of Reidsville, 41 G.M.D. Tattnall County, Georgia, prepared by Davis and Associates, Engineers - Land Surveyors, more particularly Joe P. Davis, Georgia Registered Land Surveyor No. 1436, which is incorporated herein and by this reference made a part hereof, and being more particularly described from said plat as follows: TO FIND THE POINT OF BEGINNING, commence at a point formed by the intersection of the West right-of-way line of U.S. Route 280 and the centerline of the Park Road at said Park Road's easternmost intersection with U.S. Route 280; thence running N 54 degrees 29 minutes 12 seconds E along the West right-of-way line of U.S. Route 280 a distance of 64.98 feet (chord) to a point; thence running S 35 degrees 39 minutes 45 seconds E along an offset in said right-of-way a distance of 12.50 feet to a point; thence running N 51 degrees 55 minutes 48 seconds E along said West right-of-way of U.S. Route 280 a distance of 152.83 feet (chord) to a point marked by an aluminum monument; thence running N 36 degrees 55 minutes 29 seconds W a distance of 334.74 feet to a point marked by a concrete monument; thence running N 75 degrees 20 minutes 58 seconds W a distance

Page 332

of 297.10 feet to a point, said point being the POINT OF BEGINNING; thence running N 57 degrees 06 minutes 45 seconds W a distance of 251.92 feet to a point marked by an aluminum monument; thence running N 64 degrees 36 minutes 11 seconds W a distance of 161.72 feet to a point marked by a concrete monument; thence running N 12 degrees 30 minutes 23 seconds E a distance of 287.87 feet to a point marked by a concrete monument; thence running S 43 degrees 59 minutes 00 seconds W a distance of 455.00 feet to a point marked by a pine tree; thence running S 75 degrees 20 minutes 58 seconds E a distance of 631.82 feet to the POINT OF BEGINNING; and WHEREAS, the common boundary between the state owned property comprising Gordonia-Alatamaha State Park and property of the Tattnall County Board of Education has never been well defined; and WHEREAS, certain improvements of the State of Georgia are now found to be encroachments upon the Tattnall County Board of Education's property; and WHEREAS, the Tattnall County Board of Education needs a parcel of the adjoining state owned property to be used in conjunction with its recreation area; and WHEREAS, exchange of the aforedescribed tracts or parcels of land would cure an encroachment by the state and provide the board of education with much needed additional land for educational and recreational purposes; and WHEREAS, such exchange is deemed to be in the public interest. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Tattnall County Board of Education owned real property, the State of Georgia is acting by and through its State Properties Commission.

Page 333

Section 2 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to the Tattnall County Board of Education the hereinabove described state owned real property and to accept in consideration therefor from the Tattnall County Board of Education a conveyance of the hereinabove described Tattnall County Board of Education owned real property. Section 3 . That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission. Section 4 . That the State Properties Commission is hereby authorized to do all acts and things necessary and proper to effect such exchange. Section 5 . That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 6 . 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 State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey prepared by Davis Associates, signed by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, shall constitute an acceptable plat for filing with the State Properties Commission. Section 7 . That for purposes of compliance with the provisions of paragraph (2) of subsection (b) of Code Section 50-16-122 of the O.C.G.A. requiring that an acquisition of real property by the state be filed with the State Properties Commission and accompanied by a plat of the property acquired, the plat of survey prepared by Davis Associates, signed by Joe P. Davis, Georgia Registered Land Surveyor No. 1436, dated March 27, 1984, revised August 27, 1984, July 31, 1987, and September 29, 1987, shall constitute an acceptable plat for filing with the State Properties Commission.

Page 334

Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 28, 1988. FOREST HAYS, JR., CORRECTIONAL INSTITUTION DESIGNATED. No. 58 (House Resolution No. 620). A RESOLUTION Designating the Forest Hays, Jr., Correctional Institution; and for other purposes. WHEREAS, Honorable Forest Hays, Jr., served in the General Assembly of Georgia as a member of the House of Representatives from 1970 to 1987 and provided considerable leadership as the vice chairman of the State Institutions and Property Committee; and WHEREAS, during his legislative service he was chairman of the Penal Affairs Subcommittee for 16 years and spearheaded such progressive correctional legislation as Georgia's Special Alternative to Incarceration program which has received national recognition and acclaim; and WHEREAS, Honorable Forest Hays, Jr., consistently demonstrated a deep sense of dedication to resolving the many complex, sensitive issues affecting the criminal justice system of this state; and WHEREAS, the State of Georgia and its citizens lost a greatly admired and dear trustee with the passing of Honorable Forest

Page 335

Hays, Jr., on September 30, 1987, and it is only fitting and proper that a facility dedicated to securing the safety of Georgia's citizens be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the members of the Board of Corrections for their desire to recognize the contributions of Honorable Forest Hays, Jr. BE IT FURTHER RESOLVED that the Board of Corrections is authorized and directed to designate the correctional facility in Chattooga County, Pennville, Georgia, as the Forest Hays, Jr., Correctional Institution and to affix an appropriate plaque at the entrance to such center as a tribute to this distinguished statesman. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Board of Corrections and to the family of Honorable Forest Hays, Jr. Approved March 28, 1988. CHIEFTAINS TRAIL DESIGNATED. No. 59 (House Resolution No. 708). A RESOLUTION Designating certain public roads and highways as the Chieftains Trail; and for other purposes. WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and WHEREAS, regions in northwest Georgia contain many features which reach back to Georgia's diverse and fascinating origins, including the state's Indian culture and heritage; and

Page 336

WHEREAS, it is important in preserving representations of this past and in promoting future financial well-being and growth, that these sites and regions be identified, marked, promoted, and managed; and WHEREAS, the designation of the Chieftains Trail is a vital and appropriate beginning to this process. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following public roads and highways are designated as the Chieftains Trail: U.S. 41 north to U.S. 411 then U.S. 411 west from Cartersville Etowah Indian Mounds to the Chieftains Museum in Rome; then Ga. 53 east to the New Echota site in Calhoun; then Ga. 225 north to the Chief Vann House in Murray County; then Ga. 52 east to Fort Mountain State Park in Chatsworth; then Ga. 52 east to Ellijay; then Ga. 5 south to Tate; then Ga. 5 south to Canton; then Ga. 20 west to Cartersville. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers along the Chieftains Trail and at gateways to the trail on Interstate 75 at Marietta, on Interstate 75 at Dalton, and on Interstate 575 at Blue Ridge. Approved March 28, 1988.

Page 337

A. W. AL HOLLOWAY LABOR BUILDING DESIGNATED. No. 60 (Senate Resolution No. 163). A RESOLUTION Providing for the designation of the A. W. Al Holloway Labor Building; and for other purposes. WHEREAS, Honorable A. W. Al Holloway will be long remembered as an unparalleled leader in this state; and WHEREAS, Al Holloway exemplified the highest standards expected of an elected public official, and his eminent reputation as a responsible leader and advocate brought honor and credit to the State of Georgia and the General Assembly of Georgia where he served in the House of Representatives in 1957-1958 and in the Senate from 1963 to 1987; and WHEREAS, Honorable Al Holloway demonstrated a deep sense of dedication to resolving complex political and economic issues and contributed exceptional vision to legislative deliberations on contemporary issues; and WHEREAS, Senator Holloway's guidance and expert authority were recognized early in his legislative career which included such influential positions as the Senate Chairman of the Industry and Labor Committee, the Transportation Committee, the Fiscal Affairs Committee, and the Senate Rules Committee and Vice-Chairman of the Senate Appropriations Committee; and WHEREAS, as Chairman of the Senate Industry and Labor Committee, Senator Holloway was responsible for the passage of very important legislation affecting employers and employees throughout Georgia; and WHEREAS, his superior talents as an articulate advocate and proficient negotiator were recognized by the legislative leaders of his day who consistently appointed him to key legislative conference committees as a Senate conferee and by former governors who selected him as their administration floor leader; and

Page 338

WHEREAS, in 1975, Senator Holloway was elected to the prestigious position of President Pro Tempore of the Senate, reflecting the highest esteem accorded a Senator by his peers; and while he assumed this leadership role with humility, he exercised the responsibilities of that office with utmost integrity and intensity; and WHEREAS, in light of his dedicated service to the citizens of Georgia, it is only fitting and proper that a facility be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Commissioner of Labor is authorized and directed to designate the new offices of the Department of Labor located in Albany, Georgia, as the A. W. Al Holloway Labor Building and shall affix an appropriate plaque at the entrance of the building for such purpose. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the wife and family of Honorable A. W. Holloway and to Honorable Joe Tanner, Commissioner of Labor. Approved March 28, 1988. GEORGIA FIREMEN'S PENSION FUNDMAXIMUM BENEFITS. Code Section 47-7-100 Amended. No. 1133 (House Bill No. 356). AN ACT To amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, so as to increase the maximum

Page 339

benefits payable to persons eligible or who become eligible to receive benefits under such pension fund; to change other provisions relating to benefits payable under such pension fund; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits under the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-100, relating to eligibility for full pension benefits under the Georgia Firemen's Pension Fund, and inserting in lieu thereof a new Code Section 47-7-100 to read as follows: 47-7-100. (a) For the purposes of this Code section, the term: (1) `Selected beneficiary' means any person designated by the member to receive benefits which continue to be payable upon the death of the member. (2) `Spouse' means the husband or wife to whom the member is validly married under the laws of this state. (b) Any eligible member who has served 25 years as a fireman or volunteer fireman, upon application to and approval by the board, shall have a vested right in an amount equal to the maximum monthly retirement benefit in effect on the date of his retirement. Any eligible member who terminates employment as a fireman or volunteer fireman after 25 years of service, but before reaching the age of 55 years, may cease payment of his monthly dues and, upon reaching the age of 55 years and being otherwise eligible, shall be paid a monthly benefit equal to the maximum monthly retirement benefit in effect on the date of his retirement. No person shall be eligible for a pension under this subsection until his official duties as a fireman or volunteer fireman have terminated.

Page 340

(c) Any eligible member who terminates employment as a fireman or volunteer fireman after at least 20 years of service shall have a vested right in and to a monthly benefit payable for his lifetime equal to a pro rata share of the maximum monthly retirement benefit provided in subsection (b) of this Code section in effect on the date of his retirement, which share shall be determined by the ratio of years served, being not less than 20 nor more than 25, to the full 25 year service retirement. Such benefits shall become payable when the member reaches 55 years of age or when he terminates employment as a fireman or volunteer fireman, whichever is later. (d) At any time six months or more prior to his termination of employment as a fireman or volunteer fireman, a member may elect or may revoke a previous election and make a new election to have monthly benefits payable under one of the options set forth in this subsection, in lieu of the benefits payable under subsection (b) or (c) of this Code section. The benefits shall be paid in accordance with the terms of the option elected. Election of any option shall be made by the member on forms provided by the board and shall be subject to approval by the board, which approval shall not be unreasonably withheld. No optional election is available for payment of disability benefits. (1) Option A, the joint and survivor option, shall consist of a decreased retirement benefit which shall be payable during the joint lifetime of both the member and his spouse and which shall continue after the death of the member during the lifetime of the spouse in the amount chosen by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the member's benefits. Any member who has completed 20 years of creditable service may elect that, in the event of his death prior to receiving any retirement benefits hereunder, his spouse shall receive decreased retirement benefits in the amount elected by the member, which amount shall be 100 percent, 75 percent, 66 2/3 percent, or 50 percent of the benefits to which the member would have been entitled based upon his creditable service as of the time of his death. The decreased retirement benefits payable to the spouse of a member who dies prior to

Page 341

receiving any retirement benefits hereunder shall commence on the date the member would have become 55 years of age and shall not be payable unless, prior to the member's death, the member had elected such benefits in the form and manner prescribed by the board and had filed such election with the board. (2) Option B, the ten years' certain and life option, shall consist of a decreased retirement benefit payable to the member during his lifetime; and, in the event of his death within ten years after his retirement, the same monthly benefits shall be payable to his selected beneficiary for the balance of such ten-year period. The amount of any optional retirement benefit set forth in this subsection shall be the actuarial equivalent of the amount of the benefit that would otherwise be payable to the member under subsection (b) or (c) of this Code section, based upon the interest rate and mortality basis approved from time to time by the board, the age of the member, and, if applicable, the age of his spouse as of the date benefits are to commence or as of the date benefits would have commenced if the member had retired after first becoming eligible for full benefits, whichever is earlier. (e) Any eligible member who retires after July 1, 1984, shall be entitled to an increase in the maximum monthly retirement benefit in effect at the time of his retirement under this Code section equal to 1 percent of the monthly retirement benefit for which the member would have been otherwise eligible for each full year of creditable service while a member of the fund as a fireman or volunteer fireman in excess of 25 years of creditable service. (f) Any eligible member who would be entitled to the commencement of retirement benefits upon reaching age 55 under subsection (b) or (c) of this Code section may elect to retire after reaching the age of 50 but before reaching the age of 55 and immediately commence the drawing of retirement benefits and in that event the member shall be eligible immediately upon retirement for a reduced monthly pension benefit in an amount determined by multiplying the benefit for which the member would have been otherwise entitled

Page 342

under subsections (b), (c), and (e) of this Code section had the member delayed retirement or the commencement of benefits until the member reached age 55, such benefit to be determined as of the date of the member's actual retirement or first receipt of the monthly retirement benefit, by the factor set forth below: If the Member's Age At Retirement (determined by the member's age at the member's immediately preceding birthday) Is: The Early Retirement Factor Is: 50 .70 51 .76 52 .82 53 .88 54 .94 (g) Effective July 1, 1988, the maximum monthly retirement benefit for any person who retires on or after that date shall be $500.00. (h) Effective July 1, 1988, the maximum monthly retirement benefit which was payable under this Code section immediately prior to that date shall be increased in the amount of $85.00 per month, and the monthly retirement benefit of each person who retired under this chapter prior to that date or the monthly benefit of any surviving spouse or selected beneficiary who was receiving a benefit prior to that date shall be increased by a percentage of $85.00 which is equal to the percentage that the retired person's, surviving spouse's, or selected beneficiary's monthly benefit payable immediately prior to July 1, 1988, bore to the maximum monthly benefit payable under this Code section immediately prior to July 1, 1988. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 343

TEACHERS RETIREMENT SYSTEM OF GEORGIAQUALIFIED RETIREMENT PLAN FOR FEDERAL INCOME TAXES; POSTRETIREMENT BENEFIT ADJUSTMENT. Code Section 47-3-101 Amended. Code Section 47-3-126.3 Enacted. No. 1134 (House Bill No. 357). 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 authorize the board of trustees of said retirement system to provide by rule or regulation for the payment of benefits as necessary to maintain the retirement system as a qualified retirement plan for the purposes of federal income tax laws; to provide for a postretirement benefit adjustment and for a definition 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 adding at the end of Code Section 47-3-101, relating to eligibility for retirement benefits and application therefor, a new subsection (d) to read as follows: (d) The board of trustees is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the Teachers Retirement System of Georgia as a `qualified retirement plan' for the purposes of federal income tax laws. Section 2 . Said chapter is further amended by adding in Article 7 of said chapter, relating to retirement and other benefits, immediately following Code Section 47-3-126.2 a new Code Section 47-3-126.3 to read as follows:

Page 344

47-3-126.3. (a) As used in this Code section, the word `beneficiary' shall have the meaning specified in paragraph (7) of Code Section 47-3-1 and shall also mean and include any retired public school teacher who retired pursuant to any county, municipal, or local board of education retirement or pension system. (b) Subject to the limitations of subsection (c) of this Code section, effective, July 1, 1988, the monthly retirement benefit of each beneficiary shall be increased by a percentage which varies in accordance with the time of retirement as follows: Time of Retirement Percentage Increase Prior to July 1, 1964 15.0 July 1, 1964 through June 30, 1969 13.0 July 1, 1969 through June 30, 1970 10.0 July 1, 1970 through June 30, 1971 8.0 July 1, 1971 through June 30, 1972 7.0 July 1, 1972 through June 30, 1973 6.0 July 1, 1973 through June 30, 1974 5.5 July 1, 1974 through June 30, 1975 5.0 July 1, 1975 through June 30, 1976 4.0 July 1, 1976 through June 30, 1977 3.5 July 1, 1977 through June 30, 1978 3.0 July 1, 1978 through June 30, 1979 2.5 July 1, 1979 through June 30, 1980 2.0 July 1, 1980 through June 30, 1981 1.5 July 1, 1981 through June 30, 1982 1.0 July 1, 1982 through June 30, 1983 0.5 July 1, 1983 through June 30, 1984 0.5 After June 30, 1984 0.0 (c) The full percentage increase provided for in subsection (b) of this Code section shall apply only to those beneficiaries who had 20 or more years of creditable service at the time of retirement. For those beneficiaries who had at least ten but less than 20 years of creditable service at the time of retirement, the monthly benefit increase provided for by subsection (b) of this Code section shall be reduced by 5 percent for each year less than 20 years of creditable service. Beneficiaries who had less than ten years of creditable service shall not receive an increase in their monthly retirement benefit under this Code section. No one person's retirement benefit or combination of retirement benefits shall exceed $1,500.00 per month as a result of an increase in the monthly retirement benefit under this Code section. Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 346

TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; REESTABLISHMENT. Code Section 47-3-82 Amended. No. 1135 (House Bill No. 382). AN ACT To amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to provide additional authority for the reestablishment of such creditable service; 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 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) A member who has withdrawn contributions from the retirement system not more than four times may reestablish creditable service for the membership service represented by the withdrawn contributions, subject to the following conditions and requirements: (1) At the time of making application for the reestablishment of the creditable service, the member must have at least 15 years of creditable service and at least ten years of active membership service since the last withdrawal of contributions from the retirement system; and (2) The member must pay to the board of trustees an amount equal to the withdrawn contributions plus

Page 347

interest thereon at the rate of regular interest plus 2 percent compounded annually from the date of the withdrawal of the contributions to the date of payment to the board of trustees. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESEXECUTORS; INVENTORIES AND RETURNS. Code Section 53-7-79 Amended. No. 1136 (House Bill No. 598). AN ACT To amend Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, so as to change the circumstances under which an executor shall be required to file inventories and returns; 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 . Article 3 of Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to appraisement and inventory of estates, is amended by striking Code Section 53-7-79, relating to dispensing with inventory and returns, and inserting in its place a new Code section to read as follows:

Page 348

53-7-79. A testator may, by will, dispense with the necessity of his executor's making an inventory or returns, provided the same does not work any injury to creditors or third persons, other than legatees under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the executor would not have been required to file inventories and returns, or if the will otherwise expresses an intent to relieve the executor from all reporting requirements, such a will shall be construed as dispensing with the necessity of inventories and returns in Georgia, provided the same does not work any injury to creditors or third persons, other than legatees under the will. Section 2 . This Act shall become effective July 1, 1988, and shall apply to proceedings commenced on or after said effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. CONTRACTS FOR PUBLIC WORKSBID BONDS; SECURITY; ACTIONS. Code Sections 13-10-1, 36-82-102, and 36-82-104 Amended. No. 1137 (House Bill No. 636). AN ACT To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, so as to provide that the state, counties, municipal corporations, or any public boards or bodies thereof shall be authorized to require contractors to give bid bonds or other security on certain bids for contracts for the doing of any public work; to provide for the amount of

Page 349

bid bonds or other security; to provide certain exceptions; to amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to redesignate certain Code provisions; to provide for actions on breached bid bonds; to provide procedures; 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 13 of the Official Code of Georgia Annotated, relating to general provisions applicable to contracts for public works, is amended by striking Code Section 13-10-1, relating to bonds required on contracts with the state, counties, municipal corporations, or other public bodies for public works, and inserting in its place a new Code Section 13-10-1 to read as follows: 13-10-1. (a) (1) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation. (2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state, a county, a municipal

Page 350

corporation, or any public board or body may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. (b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under Code Section 36-10-4; (2) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract. (c) This Code section shall not apply where the total contract price does not exceed $20,000.00; provided, however, that the state, any department or agency thereof, a county, a municipal corporation, or any public board or body thereof may in its discretion require performance and payment bonds or bid bonds or other security for any public works contract. Section 2 . Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, is amended by striking Code Section 36-82-102, relating to approval and filing of bonds, and inserting in its place a new Code Section 36-82-102 to read as follows:

Page 351

36-82-102. The bonds required under Code Section 36-82-101 shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein unless the contract is for the erection, improvement, or repair of buildings for a state institution, in which case it shall be approved and filed with the board or officer having the financial management of such institution. If the surety named in the bonds is other than a surety company authorized by law to do business in this state, such bonds shall not be approved and filed unless such surety makes and files an affidavit with such bonds, stating under oath that he is the fee simple owner of real estate equal in value to the amount of the bonds over and above any and all liens, encumbrances, and exemption rights allowed by law. If the payment bond required in paragraph (2) of subsection (b) of Code Section 13-10-1, together with affidavit when necessary, is not taken in the manner and form required in this Code section, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond. Section 3 . Said article is further amended by striking subsection (a) of Code Section 36-82-104, relating to action on breached bonds, and inserting in its place a new subsection (a) to read as follows: (a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 352

SHERIFFS' RETIREMENT FUND OF GEORGIAFINES AND FORFEITED BONDS; ELIGIBILITY FOR RETIREMENT. Code Sections 47-16-60 and 47-16-100 Amended. No. 1138 (House Bill No. 719). 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 increase the amount allocated to the fund from fines and forfeited bonds in criminal cases; to change the provisions relating to eligibility for retirement; 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 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking subsection (a) of Code Section 47-16-60, relating to payments to the Sheriffs' Retirement Fund of Georgia from fines and forfeited bonds in criminal cases, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The sum of $2.00 shall be allocated to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law, including traffic laws, which case is before any court of this state in which a sheriff of a superior court or a duly authorized deputy of such sheriff acts as sheriff to such court by virtue of his office, provided that such fine or bond, which shall be construed to include costs, is at least $5.00. The clerk or other collecting authority for the court in which the fine or bond is collected shall pay such amounts to the secretary-treasurer each quarter or at such other times as the board may provide. These sums shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture, provided

Page 353

that this shall not be construed to repeal any existing priorities established under the laws of this state. It shall be the duty of the clerk or other collecting authority for each court to keep accurate records of the amounts due to the board and to remit the amounts due promptly. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used only for the purposes provided for in this chapter. Section 2 . Said chapter is further amended by striking paragraph (1) of Code Section 47-16-100, relating to eligibility for retirement benefits, in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) The member must have served a minimum of at least four years as a qualified and commissioned sheriff of a county in the State of Georgia during which time the member served as sheriff of the superior court of that county after and including January 1, 1961; provided, however, as applied to any person first or again becoming a sheriff and a member on or after July 1, 1988, the member must have served a minimum of at least eight years as a qualified and commissioned sheriff of a county as provided in this paragraph; . Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 354

CONSERVATION AND NATURAL RESOURCESHAZARDOUS MATERIALS OR OIL SPILLS OR RELEASES. Code Title 12, Chapter 13 Enacted. No. 1139 (House Bill No. 775). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to require persons to report the spill or release of oil or hazardous material; to define certain terms; to provide that other governmental agencies shall be notified of spills or releases of oil or hazardous materials; to provide for proceedings before the director of the Environmental Protection Division of the Department of Natural Resources; to provide for enforcement; to provide civil penalties; to provide procedures for imposing penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 13 to read as follows: CHAPTER 13 12-13-1. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) `Division' means the Environmental Protection Division of the Department of Natural Resources. (4) `Hazardous material' means any material or substance in a liquid, solid, or gaseous form which is:

Page 355

(A) Toxic or poisonous to human, plant, or animal life; (B) Caustic or acidic; (C) Flammable or combustible; (D) Explosive or reactive; or (E) Hazardous waste. (5) `Oil' includes but is not limited to gasoline, crude oil, fuel oil, diesel oil, lubricating oil, sludge, oil refuse, oil mixed with wastes, and any other petroleum related product. (6) `Person' includes an individual, trust, firm, jointstock company, corporation, partnership, association, county, municipal corporation, political subdivision, interstate body, the state and any agency or authority thereof, and the federal government and any agency thereof. (7) `Spill or release' means the discharge, deposit, injection, dumping, spilling, emitting, releasing, leaking, or placing of any hazardous material into the air or into or on any land or water of the state, except from an underground storage tank and all plumbing and piping relating thereto or except high-level or low-level radioactive waste from a federally licensed nuclear facility or as authorized by state or federal law or a permit from the division. This term shall also mean the discharge of oil into waters of this state which will cause a significant film or sheen upon or discoloration of the surface of such waters or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of such waters or upon adjoining shorelines. Accidental discharges of oil made by an individual during maintenance of that individual's personal vehicle or farm machinery shall be exempt. 12-13-2. Oil or hazardous material spilled or released shall be reported under Code Section 12-13-3. The board is

Page 356

authorized to promulgate rules and regulations necessary for the enforcement of this chapter. 12-13-3. (a) Any person owning or having control over any oil or hazardous material who has knowledge of a spill or release shall immediately notify the division through the Department of Natural Resources Emergency Operations Center as soon as that person knows of the spill or release. (b) The division shall develop procedures to provide notice to other state, federal, or local governmental agencies. 12-13-4. (a) Any person knowingly violating any provision of this chapter or rules or regulations established pursuant to this chapter shall be liable for a civil penalty of not more than $1,000.00 per day. Each day during which the violation continues may be considered a separate violation. (b) Whenever the director has probable cause to believe that a violation of any provision of this chapter, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, he may attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter, the rules and regulations, or the order alleged to have been violated and the director may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. Any order issued by the director under this subsection shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing which shall be conducted in accordance with Code Section 12-2-2. (c) Whenever the director has probable cause to believe that any person has violated any provision of this chapter or any rules or regulations adopted pursuant to this chapter, he may, upon written request, cause a hearing to be conducted before a hearing officer appointed by the board. Upon a finding that such person has violated any provisions of this chapter or any rule or regulation adopted pursuant to this chapter,

Page 357

the hearing officer shall issue his initial decision imposing civil penalties as provided in subsection (a) of this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-2-2. (d) In rendering a decision under subsection (c) of this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant, including, but not limited to, the following: (1) The amount of assessment necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying compliance; (2) The character and degree of impact of the violation on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in taking all feasible steps or procedures necessary or appropriate to correct the violation; (4) Any prior violations by such person, or failures by such person to comply with, statutes or regulations; (5) The character and degree of injury to, or interference with, public health, safety, or welfare which is caused or threatened to be caused by such violation; and (6) The character and degree of injury to, or interference with, reasonable use of property which is caused by such violation. (e) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury to the credit of the general fund. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 358

CRIMINAL PROCEDUREBONDS AND RECOGNIZANCES; OFFENSES BAILABLE ONLY BEFORE A JUDGE OF THE SUPERIOR COURTS; OFFENSES BAILABLE BEFORE A COURT OF INQUIRY; SCHEDULES; APPEAL BONDS. Code Section 17-6-1 Amended. No. 1140 (House Bill No. 776). AN ACT To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, so as to change the provisions relating to offenses which are bailable only before a judge of the superior court; to provide that certain offenses are bailable by a court of inquiry; to provide that certain persons shall not be refused bail; to provide for petitions requesting bail; to provide for conditions for the release of persons on bail; to provide for schedules; to provide for appeal bonds; to provide for designation of judges to perform certain duties; to provide for notices and hearings; to provide for a definition; 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 17 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds and recognizances, is amended by striking Code Section 17-6-1, relating to persons before whom offenses are bailable, which reads 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

Page 359

court of inquiry, when indicted, after a motion for a new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (b) (1) The following persons shall not be entitled to or released on bail: (A) Any person charged with committing a felony listed in paragraph (2) of this subsection who has previously been convicted of the commission of a felony listed in paragraph (2) 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 applies 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

Page 360

under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; or (I) Aggravated assault. (c) Except for persons charged with crimes provided for under subparagraph (b)(2)(H) of this Code section, any person who is not entitled to bail as provided in subsection (b) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after the receipt of such petition. The court shall be authorized to release the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section on bail or his own recognizance if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, or to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. If the person charged with a felony listed in paragraph (2) of subsection (b) of this Code section or the prosecuting attorney is aggrieved by a decision of the court, such order may be appealed. (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

Page 361

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. (e) (1) Except as provided in paragraph (2) of this subsection, the judge of any court of inquiry may by written order establish a schedule of bails. A person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used. (2) The authority granted in paragraph (1) of this subsection shall not apply to any offense listed in subsection (b) of this Code section., and inserting in lieu thereof a new Code Section 17-6-1 to read as follows: 17-6-1. (a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking; (7) Aggravated child molestation; (8) 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; (9) Violating Code Section 16-13-31, relating to trafficking in cocaine or marijuana; and

Page 362

(10) Kidnapping, arson, aggravated assault, or burglary if the person, at the time such person was charged, has previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (9) of this subsection. (b) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (c) When a hearing is held pursuant to Code Section 17-4-26 or 17-4-62 for a person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. The superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 20 days after the receipt of such notice. (d) A person charged with any offense which is bailable only before a judge of the superior court as provided in subsection (a) of this Code section may petition the superior court requesting that he be released on bail. The court shall notify the district attorney and set a date for a hearing within ten days after receipt of such petition. (e) A court shall be authorized to release a person on bail if the court finds that the person: (1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and

Page 363

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. (f) Except as provided in subsection (a) of this Code section, the judge of any court of inquiry may by written order establish a schedule of bails. Unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule. The judge shall determine the conditions under which the schedule of bail shall be used. (g) No appeal bond shall be granted to any person who has been convicted of murder, rape, aggravated sodomy, armed robbery, aggravated child molestation, kidnapping, trafficking in cocaine or marijuana, 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. (h) As used in this Code section, the term `bail' shall include the releasing of a person on his own recognizance. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 364

GAME AND FISHUNLAWFUL COMMERCIAL FISHING; PENALTIES. Code Section 27-4-138 Amended. No. 1141 (House Bill No. 912). AN ACT To amend Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties applicable to the operation of commercial fishing boats engaged in illegal fishing, so as to provide that certain unlawful commercial fishing shall be a misdemeanor of a high and aggravated nature and to provide certain minimum punishment therefor; to provide for other matters relative to the foregoing; to provide an effective date and for the application of this Act to violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-4-138 of the Official Code of Georgia Annotated, relating to penalties applicable to the operation of commercial fishing boats engaged in illegal fishing, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any person in command of any commercial fishing boat who violates or causes to be violated the provisions of Code Section 27-4-133 shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as such, subject to minimum punishment as follows: (A) For the first offense, the person shall be fined not less than $1,000.00 and given a mandatory suspension from any commercial fishing for 60 fishing days; (B) For the second offense, the person shall be fined not less than $2,500.00 and given a mandatory

Page 365

suspension from any commercial fishing for 120 fishing days; and (C) For the third or any subsequent offense, the person shall be fined not less than $5,000.00 and given a mandatory suspension from any commercial fishing for one year. (2) Any person who violates a mandatory suspension provided for in paragraph (1) of this subsection shall, upon a proper showing, be subject to imprisonment for a period not to exceed 12 months. Section 2 . This Act shall be effective on April 1, 1988, and shall apply to all violations of Code Section 27-4-133 which occur on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. TORTSFURNISHING ALCOHOLIC BEVERAGES TO MINORS; CUSTODIAL PARENTS. Code Section 51-1-18 Amended. No. 1142 (House Bill No. 1123). AN ACT To amend Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, so as to provide that either custodial parent has a right of action against persons who sell or furnish alcoholic beverages to certain minors; to provide for statutory construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 366

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 51-1-18 of the Official Code of Georgia Annotated, relating to the tort of furnishing alcoholic beverages to minors, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) The custodial parent or parents shall have a right of action against any person who shall sell or furnish alcoholic beverages to that parent's underage child for the child's use without the permission of the child's parent. Section 2 . Nothing in this Act shall be construed to create any new or additional cause of action. 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, 1988. GAME AND FISHFISHING WITH BOW AND ARROW; LAKE STROM THURMOND; LIGHTS. Code Section 27-4-34 Amended. No. 1143 (House Bill No. 1139). AN ACT To amend Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, so as to authorize nongame fish to be taken by bow and arrow at night by the use of a light in impounded waters of Lake Strom Thurmond; to repeal conflicting laws; and for other purposes.

Page 367

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 27-4-34 of the Official Code of Georgia Annotated, relating to fishing with a bow and arrow, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) Notwithstanding the provisions of paragraph (5) of subsection (a) of this Code section, if all other requirements of said subsection (a) are met, nongame fish may be taken in impounded waters of Lake Strom Thurmond by bow and arrow at any time during the day and may be taken at night by the use of a light. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. GUARDIAN AND WARDGUARDIANS AND TRUSTEES; ADDITIONAL COMMISSIONS. Code Section 29-2-42 Amended. No. 1144 (House Bill No. 1163). AN ACT To amend Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sureties, so as to authorize certain additional commissions to guardians and trustees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 368

Section 1 . Article 2 of Chapter 2 of Title 29 of the Official Code of Georgia Annotated, relating to costs, compensation, and liabilities of guardians and sureties, is amended by striking in its entirety Code Section 29-2-42, relating to commissions, extra compensation, and traveling expenses of guardians, and inserting in its place a new Code Section 29-2-42 to read as follows: 29-2-42. Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Guardians may be allowed an additional annual commission of.5 percent of the market value, determined as of December 31 of each year, of the property held in their estates. Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to them upon the same principles as to administrators. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. REVENUE AND TAXATIONMUNICIPAL TAXES; COLLECTION BY COUNTY TAX COMMISSIONER OR TAX RECEIVER AND TAX COLLECTOR; CONTRACTS. Code Section 48-5-359.1 Enacted. No. 1145 (House Bill No. 1200). AN ACT To amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to provide that a county and a municipality may contract for the tax commissioner, or tax receiver and tax collector, of the county in which the municipality is located to assess and collect taxes for such municipality in the same manner as county

Page 369

taxes; to provide for enforcement of remedies for collection of such municipal taxes; to provide for compensation to tax officials and to counties; 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 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by inserting a new Code Section 48-5-359.1 between Code Sections 48-5-359 and 48-5-360 to read as follows: 48-5-359.1. (a) Any county and any municipality wholly located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to him by the county. (b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 370

GAME AND FISHHONORARY FISHING LICENSES FOR BLIND PERSONS; RECIPROCITY. Code Section 27-4-234 Enacted. No. 1146 (House Bill No. 1244). AN ACT To amend Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, so as to provide for reciprocity with adjoining states for honorary fishing licenses issued to blind persons; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 5 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fishing license reciprocity with other states, is amended by adding at the end thereof a new Code Section 27-4-234 to read as follows: 27-4-234. (a) As used in this Code section, the term `adjoining state' means any of the following states: Alabama, Florida, North Carolina, South Carolina, and Tennessee. (b) The department is authorized to make and enter into agreements, from time to time, with the proper authorities of any adjoining state whereby: (1) A citizen of the State of Georgia who has obtained an honorary fishing license as a blind person pursuant to the provisions of subsection (b) of Code Section 27-2-4 may fish within such adjoining state without the necessity of purchasing a nonresident fishing license in that state; and (2) A citizen of the adjoining state who has an honorary fishing license as a blind person issued by that state

Page 371

may fish within the State of Georgia without the necessity of purchasing a nonresident fishing license in this state. (c) An agreement entered into with an adjoining state pursuant to the provisions of subsection (b) of this Code section pertains only to reciprocity of fishing licenses and all other fishing laws and regulations of the State of Georgia shall apply to any nonresident fishing in Georgia waters pursuant to the authority of any such agreement. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESADMINISTRATORS AND EXECUTORS; COMMISSIONS ON DEBTS, LEGACIES, OR DISTRIBUTIVE SHARES. Code Section 53-6-144 Amended. No. 1147 (House Bill No. 1251). AN ACT To amend Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, so as to change the provisions relating to commissions on debts, legacies, or distributive shares paid to the administrators or executors; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 6 of Title 53 of the Official Code of Georgia Annotated, relating to commissions and allowances of administrators and executors, is amended by striking

Page 372

Code Section 53-6-144, relating to commissions on debts, legacies, or distributive shares paid to an administrator or executor, and inserting in lieu thereof a new Code Section 53-6-144 to read as follows: 53-6-144. Unless otherwise specifically provided by the will, an administrator or executor is entitled to receive commissions on debts, legacies, and distributive shares paid to himself in the same manner as commissions to which he would be entitled under the terms of the will or applicable law on such items paid to others. If there is more than one administrator or executor, the division of the commissions allowed them shall be according to the services rendered by each. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply with respect to all debts, legacies, and distributive shares paid on or after the effective date of this Act. Section 2A . The provisions of this Act shall not apply to the administration of any estate pursuant to a will executed prior to the enactment of this Act nor to one where administration was begun before the enactment of this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 373

TOBACCOPESTICIDES OR RESIDUES; DETENTION AND CONDEMNATION. Code Section 10-4-117.1 Enacted. No. 1148 (House Bill No. 1266). AN ACT To amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to provide for the detention and condemnation of tobacco treated with certain pesticides or containing certain residues of pesticides or other substances; to provide for notices; to provide for applicability of notices; to provide that it shall be unlawful for any person to remove any such notice affixed to tobacco or to remove or dispose of such tobacco by sale or otherwise without written permission; to provide for removal of markings and release of tobacco from detention; to provide for actions for condemnation of tobacco; to provide for costs; to provide for testing; 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 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, is amended by adding, following Code Section 10-4-117, a new Code Section 10-4-117.1 to read as follows: 10-4-117.1. (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any tobacco has been treated with any pesticide not currently registered by the United States Environmental Protection Agency or the Commissioner, or both, for use on tobacco or contains a residue of any pesticide or other substance at a level which exceeds the current residue standard established for that pesticide or other substance by the United States Agricultural Stabilization and Conservation Service to protect and ensure the orderly marketing of Georgia grown tobacco, the agent shall affix to such tobacco or otherwise give

Page 374

to the owner or custodian of such tobacco a notice advising that such tobacco is being detained by the Commissioner. Such notice of detention shall apply to all tobacco produced by that grower during that season, including tobacco already harvested or tobacco to be harvested. It shall be unlawful for any person to remove any such notice affixed to tobacco or to remove or dispose of such tobacco by sale or otherwise without written permission from the Commissioner's agent or a court of competent jurisdiction. (b) If the Commissioner finds that no residue of pesticides or other substances in the detained tobacco exceeds any residue standards as specified in subsection (a) of this Code section, the Commissioner shall promptly remove all markings from such tobacco and release it from detention, in writing. (c) When any tobacco detained under subsection (a) of this Code section has been found by the Commissioner to contain any residue in excess of those specified in subsection (a) of this Code section, the Commissioner shall bring an action for condemnation of such tobacco in the superior court of the county where the tobacco is being detained. After the Commissioner has made an initial finding of any residue in the detained tobacco in excess of any residue standard established by the United States Agricultural Stabilization and Conservation Service as provided for in subsection (a) of this Code section, the costs of all subsequent testing which the Commissioner shall require to confirm that residues in such detained tobacco do not exceed any residue standard established by the United States Agricultural Stabilization and Conservation Service shall be borne by the producers and such tests shall be performed only by a laboratory approved by the Commissioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 375

CIVIL PRACTICEPRODUCTION OF DOCUMENTS AND THINGS; CONFIDENTIALITY; MENTAL ILLNESS, MENTAL RETARDATION, AND ALCOHOL AND DRUG TREATMENT. Code Section 9-11-34 Amended. No. 1149 (House Bill No. 1301). AN ACT To amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for inspection and other purposes, so as to provide that the provisions of such Code section shall not be deemed to repeal the confidentiality provided by certain other Code sections; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things and entry upon land for inspection and other purposes, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness, 37-4-125 concerning mental retardation, and 37-7-166 concerning alcohol and drug treatment. 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, 1988.

Page 376

MOTOR VEHICLES AND TRAFFICLICENSE PLATES AND DECALS; REVOCATION; SEIZURE. Code Section 40-2-134 Enacted. No. 1150 (House Bill No. 1305). AN ACT To amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, so as to authorize state and county law enforcement officers and revenue agents and officers to go upon private property to seize certain license plates and renewal decals; 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 40 of the Official Code of Georgia Annotated, relating to the administration and enforcement of vehicle registration laws, is amended by adding at the end thereof a new Code Section 40-2-134 to read as follows: 40-2-134. (a) The commissioner shall revoke any prestige or special or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to hold such public office. The commissioner shall revoke any license plate purchased with a personal check which was returned because of insufficient funds. The commissioner shall notify the holder of such prestige or special or distinctive license plate or such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or his designated agent and register his vehicle as otherwise required by this chapter. (b) Any state or county law enforcement officer or any special agent or enforcement officer appointed under Code Section 40-2-133 may, upon the direction or request of the commissioner, go upon public or private property to seize a

Page 377

license plate or renewal decal which has been revoked as provided in subsection (a) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. MOTOR VEHICLES AND TRAFFICLICENSE PLATES; REVALIDATION DECALS; DATE FOR PAYMENT OF FEES. Code Section 40-2-30 Amended. No. 1151 (House Bill No. 1307). AN ACT To amend Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, so as to change the date for the payment of a portion of certain fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-2-30 of the Official Code of Georgia Annotated, relating to the issuance of and fees for license plates, is amended by striking subsection (a) thereof and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Upon compliance with the provisions of this chapter and the payment of the license fee required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he shall issue the appropriate plate or revalidation decal. (2) In those instances wherein a vehicle shall be purchased from a seller who is required to return the

Page 378

vehicle for ad valorem taxation in a county other than the county of the residency of the purchaser, the tag agent where the vehicle is returned for taxation shall collect the required fee for the registration of the vehicle and, at the request of the purchaser, transmit the fee and the application for registration along with an appropriate certificate, which shall indicate that all ad valorem taxes due thereon have been paid, to the tag agent of the county of the purchaser's residency, who shall issue the required license plate or revalidation decal. The tag agent transferring the application shall not be entitled to the fee prescribed for his services as agent of the commissioner for that purpose. (3) If the license plate applied for is not in inventory, the application shall be approved and forwarded to the commissioner, who, upon receipt of a proper and approved application, shall issue the license plate applied for by mailing or delivering the plate to the applicant. Until the license plate is received by the applicant from the commissioner, the applicant may operate the vehicle without a license plate therefor upon the receipt issued to him by the tag agent. (4) When the fee prescribed for a license plate or revalidation decal exceeds $40.00, a tag agent shall be authorized to accept the application of the owner for the purchase of a license plate or revalidation decal if the application is accompanied by not less than 25 percent of the prescribed fee and a surety bond written by a surety company authorized to do business in this state, payable to the commissioner, in an amount equal to the unpaid balance of the prescribed fee and conditioned upon the payment of such balance in three equal installments on or before the first day of July, September, and December, respectively, of the calendar year in which the license plate or revalidation decal is applied for. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 379

TEACHERS RETIREMENT SYSTEM OF GEORGIATEACHER REDEFINED; REGIONAL EDUCATIONAL SERVICE AGENCIES. Code Section 47-3-1 Amended. No. 1152 (House Bill No. 1321). AN ACT To amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, so as to change the definition of the term teacher; to correct certain references; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions of terms relative to the Teachers Retirement System of Georgia, is amended by striking subparagraph (H) of paragraph (28) of said Code section and inserting in lieu thereof a new subparagraph (H) to read as follows: (H) Teacher aides and paraprofessional personnel and members of the staff of any regional educational service agency created pursuant to Code Sections 20-2-270 through 20-2-274;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 380

MOTOR VEHICLES AND TRAFFICLICENSE PLATES; MUTILATION; FIVE-YEAR LICENSE PLATES; LEASED VEHICLES; PENALTIES. Code Sections 40-2-20.1, 40-2-29, and 40-2-42 Amended. No. 1153 (House Bill No. 1328). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the registration of leased vehicles; to provide for the waiver of certain penalties; to eliminate the requirement of a police report if the license plate is mutilated but still legible; to provide for five-year metal 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 . Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subsection (b) and subsection (d) of Code Section 40-2-20.1, relating to staggered registration of motor vehicles, and inserting, respectively, in lieu thereof a new subsection (b) and a new subsection (d) to read as follows: (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 not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor. (d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections

Page 381

(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 $15.00 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. The penalty provided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-37 are waived or are determined not to be applicable under rules or regulations issued by the commissioner. Section 2 . Said article is further amended by striking Code Section 40-2-42, relating to the theft, loss, or mutilation of license plates, in its entirety and inserting in lieu thereof a new Code section to read as follows: 40-2-42. (a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Department of Revenue, Motor Vehicle Division with a fee of $2.00 to obtain a duplicate license plate or revalidation decal. (b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of license plate or decal and submitting a copy of a police report, shall not apply. Section 3 . Said article is further amended by striking subsection (b) of Code Section 40-2-29, relating to motor vehicle license plates, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall

Page 382

show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the `Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1983, may be used until December 31, 1989. Metal license plates issued on or after January 1, 1990, shall be used for a period of five years. Bicentennial license plates issued in 1976 shall not be used after tag year 1989. Section 4 . (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1988. (b) Section 3 of this Act shall become effective on January 1, 1990. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 383

TORTSNONPROFIT ASSOCIATIONS; SAFETY OR SPORTS PROGRAMS; LIMITATION ON LIABILITY; STANDARD OF CARE. Code Section 51-1-20.1 Enacted. No. 1154 (House Bill No. 1335). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of certain nonprofit associations conducting or sponsoring safety or sports programs and certain persons associated with such associations and programs; to provide for definitions; to provide for a standard of care; to provide for exceptions; to provide for other matters relative to the foregoing; 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 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by adding, following Code Section 51-1-20, a new Code Section 51-1-20.1 to read as follows: 51-1-20.1. (a) As used in this Code section, the term: (1) `Compensation' does not mean or include any gift, any reimbursement for any reasonable expense incurred for the benefit of a nonprofit athletic program, or, in the case of an umpire or referee, a modest honorarium. (2) `Nonprofit association' means any entity which is organized as a nonprofit corporation or a nonprofit unincorporated association under the laws of this state, including, but not limited to, youth or sports associations, volunteer fire associations, or religious, charitable, fraternal, veterans, civic, county fair, or agricultural associations, or any separately chartered auxiliary of the foregoing, if organized and operated on a nonprofit basis.

Page 384

(3) `Safety program' means a program designed for education and training with respect to safety and accident prevention as related to the home, vehicle maintenance and operation, boating, hunting, firearms, self-protection, fire hazards, or other activity which may involve exposures to personal injury or property damage. (4) `Sports program' means any program or organized activity: (A) Which conducts any competitive sport which is formally recognized as a sport, on the date on which any cause of action arises to which this Code section is applicable, by the United States Olympic Committee as specified by and under the jurisdiction of the Amateur Sports Act of 1978, Public Law 95-606, 36 U.S.C. Section 371 et seq., the Amateur Athletic Union, or the National Collegiate Athletic Association; and (B) Which is organized for recreational purposes and related training and education and the activities of which are substantially for such purpose. (5) `Volunteer' means any person rendering services as a manager, coach, instructor, umpire, or referee, or assistant to such person, who performs such services without compensation. (b) Except as provided in subsection (c) of this Code section, no person who is a volunteer for a sports program or safety program of a nonprofit association, or any employee or officer of such nonprofit association conducting or sponsoring such sports or safety program, shall be liable to any person as a result of any acts or omissions in rendering such services or in conducting or sponsoring such sports or safety programs if such person was acting in good faith within the scope of his or her assigned duties and unless the conduct of such person amounts to willful and wanton misconduct or gross negligence; provided, however, the defense of immunity is waived as to those actions for the recovery of damages against such persons for which liability insurance protection for such claims has been provided, but such waiver shall only apply to the extent of any liability insurance so provided.

Page 385

(c) Nothing in this Code section shall be construed as affecting or modifying the liability of such volunteers, employees, officers, or a nonprofit association for acts or omissions relating to the transportation of participants in a sports program or safety program to or from a game, training session, event, or practice, or relating to the care and maintenance of real estate unrelated to the practice, training, or playing areas which such volunteers, employees, officers, or a nonprofit association own, possess, or control. (d) This Code section shall apply to any cause of action arising on or after July 1, 1988. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. MOTOR VEHICLES AND TRAFFICHABITUAL VIOLATORS; PENALTIES. Code Section 40-5-58 Amended. No. 1155 (House Bill No. 1337). AN ACT To amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide that a person who has been declared to be a habitual violator and who has had his driver's license revoked and who is convicted of operating a motor vehicle before he has been issued a driver's license or before the expiration of five years shall be guilty of a felony; to provide that any person who has been declared to be a habitual violator and who has, after the expiration of five years, been convicted of operating a motor vehicle before he has been issued a driver's license shall be guilty of a misdemeanor; to repeal conflicting laws; and for other purposes.

Page 386

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) Except as provided in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety has issued such person a driver's license shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 387

JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEMLEGISLATIVE REVISION; VESTING OF RIGHTS. Code Section 47-5-70 Amended. No. 1156 (House Bill No. 1351). AN ACT To amend Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, so as to delete the provision relative to legislative revision and the vesting of rights in connection therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-5-70 of the Official Code of Georgia Annotated, relating to the vesting of benefits and the creation of debts of the state under the Joint Municipal Employees Benefit System, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-5-70 to read as follows: 47-5-70. Nothing in this chapter shall create a debt of the State of Georgia. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 388

GEORGIA ADMINISTRATIVE PROCEDURE ACTCONTESTED CASES; LICENSES TO PRACTICE MEDICINE OR DENTISTRY; STAYS. Code Section 50-13-20 Amended. No. 1157 (House Bill No. 1456). AN ACT To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Administrative Procedure Act, so as to provide that in contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision; to provide that, in such cases, the superior court which considered the petition for judicial review or the Court of Appeals or the Supreme Court may order a stay only if such court makes a finding that the public health, safety, and welfare will not be harmed by the issuance of the stay; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 50 of the Official Code of Georgia Annotated, known as the Georgia Administrative Procedure Act, is amended by striking Code Section 50-13-20, relating to review of final judgments, and inserting in lieu thereof a new Code Section 50-13-20 to read as follows: 50-13-20. An aggrieved party may obtain a review of any final judgment of the superior court under this chapter by the Court of Appeals or the Supreme Court, as provided by law. In contested cases involving a license to practice medicine or a license to practice dentistry in this state, the filing of an application for appeal or a notice of appeal shall not by itself stay enforcement of the agency decision. In such cases, the superior court which considered the petition for judicial review or the Court of Appeals or the Supreme Court may order a stay only if such court makes a finding that

Page 389

the public health, safety, and welfare will not be harmed by the issuance of the stay. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. HANDICAPPED PARKINGAPPOINTMENT OF HANDICAPPED PERSONS TO ENFORCE LAW. Code Section 40-6-227 Enacted. No. 1158 (House Bill No. 1475). AN ACT To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to provide for the appointment of certain persons solely for the enforcement of such laws; to provide for discretion of the appointing authority; to provide for qualifications; to provide for an oath; to provide that persons appointed shall not be deemed peace officers; to provide that such persons shall serve without compensation; to provide for the status, powers, and duties of such persons; to provide limits on the powers and authority of such persons; to exempt such persons from training required for peace officers; to provide that such persons shall not be compensated for injuries sustained in enforcing such laws; to exempt the state and its political subdivisions from any liability for the acts or omissions of such persons; 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 . Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped

Page 390

parking, is amended by adding at the end of said part a new Code Section 40-6-227 to read as follows: 40-6-227. (a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been convicted of a felony, and is a handicapped person as defined in paragraph (2) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-225 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section. (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state and shall not: (1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws; provided, however, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or

Page 391

(5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the handicapped parking laws of the state. (c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipality, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-225. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. CRIMES AND OFFENSESINTIMIDATING, IMPEDING, OR OBSTRUCTING JURORS OR OFFICERS OF COURTS; PENALTIES. Code Section 16-10-97 Enacted. No. 1159 (House Bill No. 1479). AN ACT To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to make it unlawful to intimidate, impede, or obstruct or to endeavor to intimidate, obstruct, or impede certain judicial officers and other public officers in the carrying out of their official duties or to injure such officers on such account; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 392

Section 1 . Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by adding at the end thereof a new Code Section 16-10-97 to read as follows: 16-10-97. A person who by threat or force or by any threatening letter or communication: (1) Endeavors to intimidate or impede any grand juror or petit juror or any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court while in the discharge of such juror's or officer's duties; (2) Injures any grand juror or petit juror in his person or property on account of any indictment or verdict assented to by him or an account of his being or having been such juror; or (3) Injures any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court in his person or property on account of the performance of his official duties; shall, upon conviction thereof, be punished by a fine of not more than $5,000.00 or by imprisonment for not more than five years, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 393

EDUCATIONHEALTH INSURANCE FUNDS FOR TEACHERS AND PUBLIC SCHOOL EMPLOYEES; DISCHARGE OF DEBTS; PRESENTMENT OF CHECKS OR DRAFTS. Code Sections 20-2-890 and 20-2-917 Amended. Code Sections 20-2-896 and 20-2-924 Enacted. No. 1160 (House Bill No. 1491). AN ACT To amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, so as to provide for the discharge of certain debts or obligations due the health insurance fund for public school teachers and the health insurance fund for public school employees; to provide that any check or draft that is not presented for acceptance during the seven years following the date the check or draft was issued shall be void and the funds retained by the insurance fund issuing the check or draft; 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 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other personnel, is amended by striking subsection (c) of Code Section 20-2-890, relating to claims, payment of benefits, and time for presentation of drafts, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) All drafts or checks issued by the board or its designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft or check was drawn. If the payee or member does not present the draft or check for acceptance during the seven years following the date the draft or check was issued, the draft or check will be void, funds will be retained in the insurance fund, and further payments for such claim will not be owed or paid.

Page 394

Section 2 . Said article is further amended by adding a new Code Section 20-2-896, immediately following Code Section 20-2-895, to read as follows: 20-2-896. (a) It is the purpose of this Code section to authorize a procedure whereby the commissioner of personnel administration may administratively discharge a debt or obligation due the health insurance fund for public school teachers when the amount is $400.00 or less and: (1) It is manifest that the debt or obligation is uncollectable; or (2) The costs of collecting the debt or obligation would be equal to or greater than the amount due the fund. (b) In order to conserve the health insurance funds, the commissioner of personnel administration is authorized, in conjunction with the state auditor, to develop a procedure for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of personnel administration shall execute and transmit to the state auditor a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor at such times as shall be prescribed in the procedure developed by the commissioner

Page 395

and the state auditor. Upon receipt of the certification, the state auditor shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund. Section 3 . Said article is further amended by striking Code Section 20-2-917, relating to the payment of benefits, in its entirety and substituting in lieu thereof a new Code Section 20-2-917 to read as follows: 20-2-917. (a) Any benefits payable under the health insurance plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based or to the covered employee upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the board. (b) Such claims must be presented in writing to the board or its designee within two years from the date the service was rendered, or else no benefits will be owed or paid. (c) All drafts or checks issued by the board or its designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft or check was drawn. If the payee or member does not present the draft or check for acceptance during the seven years following the date the draft or check was issued, the draft or check will be void, funds will be retained in the insurance fund, and further payments for such claim will not be owed or paid. Section 4 . Said article is further amended by adding a new Code Section 20-2-924, immediately following Code Section 20-2-923, to read as follows: 20-2-924. (a) It is the purpose of this Code section to authorize a procedure whereby the commissioner of personnel administration may administratively discharge a debt or obligation due the health insurance fund for public school employees when the amount is $400.00 or less and: (1) It is manifest that the debt or obligation is uncollectable; or

Page 396

(2) The costs of collecting the debt or obligation would be equal to or greater than the amount due the fund. (b) In order to conserve the health insurance funds, the commissioner of personnel administration is authorized, in conjunction with the state auditor, to develop a procedure for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of personnel administration shall execute and transmit to the state auditor a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor. Upon receipt of the certification, the state auditor shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 397

STATE EMPLOYEES' HEALTH INSURANCE PLANPRESENTMENT OF CHECKS OR DRAFTS; DISCHARGE OF DEBTS. Code Section 45-18-11 Amended. Code Section 45-18-18 Enacted. No. 1161 (House Bill No. 1493). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to provide that any check or draft not presented for acceptance during the seven years following the date the check or draft was issued shall be void and the funds retained by the insurance fund that issued the check or draft; to provide for the discharge of certain debts or obligations due the state employees' health insurance fund; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, is amended by striking subsection (c) of Code Section 45-18-11, relating to the procedure for presentation of claims and payment of benefits, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) All drafts or checks issued by the board or the board's designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft or check was drawn. If the payee or member does not present the draft or check for acceptance during the seven years following the date the draft or check was issued, the draft or check will be void, funds will be retained in the insurance fund, and further payments for such claim will not be owed or paid. Section 2 . Said article is further amended by adding a new Code Section 45-18-18 immediately following Code Section 45-18-17 to read as follows:

Page 398

45-18-18. (a) It is the purpose of this Code section to authorize a procedure whereby the commissioner of personnel administration may administratively discharge a debt or obligation due the health insurance fund for employees of the state when the amount is $400.00 or less and: (1) It is manifest that the debt or obligation is uncollectable; or (2) The costs of collecting the debt or obligation would be equal to or greater than the amount due the fund. (b) In order to conserve the health insurance funds, the commissioner of personnel administration is authorized, in conjunction with the state auditor, to develop a procedure for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of personnel administration shall execute and transmit to the state auditor a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state auditor; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state auditor at such times as shall be prescribed in the procedure developed by the commissioner and the state auditor. Upon receipt of the certification, the state auditor shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund.

Page 399

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. FAIR BUSINESS PRACTICES ACT OF 1975TELEPHONE NUMBERS WITH 976 PREFIXES; ADVERTISING. Code Section 10-1-393 Amended. No. 1162 (House Bill No. 1497). AN ACT To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than regular charges for long-distance telephone service, shall be an unfair or deceptive practice unless the advertisement contains certain information; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by striking paragraph (19) of subsection (b) and inserting in its place a new paragraph (19) to read as follows: (19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection;.

Page 400

Section 2 . Said Code section is further amended by striking division (b)(20)(C)(iii) and inserting in its place a new division (b)(20)(C)(iii) to read as follows: (iii) The debtor remains in possession of the property under a lease; or Section 3 . Said Code section is further amended by adding immediately following paragraph (20) of subsection (b) a new paragraph (21) to read as follows: (21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertisement and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised. 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 28, 1988.

Page 401

JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEMMUNICIPAL GAS AUTHORITY OF GEORGIA; MEMBERSHIP OF EMPLOYEES. Code Section 47-5-2 Amended. No. 1163 (House Bill No. 1512). AN ACT To amend Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, so as to authorize the Municipal Gas Authority of Georgia to contract with the board of trustees of the Joint Municipal Employees Benefit System to offer retirement and employee benefits to employees of the authority; to change the definition of the term employer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-5-2 of the Official Code of Georgia Annotated, relating to definitions relating to the Joint Municipal Employees Benefit System, is amended by striking paragraph (9) of such Code section and inserting in lieu thereof a new paragraph (9) to read as follows: (9) `Employer' means: (A) A municipal corporation of this state; (B) The Emergency Management Division of the State Department of Defense as created by Chapter 3 of Title 38, the `Georgia Emergency Management Act of 1981'; (C) Local emergency management organizations; (D) Planning and development commissions, including, but not limited to, a planning commission, planning and development commission, or area planning and development

Page 402

commission which are created by one or more municipalities or counties or combinations thereof to serve cities or counties or any combination thereof and which employ a staff and are governed by a separate board or other governing body and whose operations are financed through an independent budget; (E) Municipal authorities, including, but not limited to, a public authority, commission, board, or similar agency which is created by general, local, or special Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of a municipal corporation of this state. The term also includes such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation individually or jointly with other political subdivisions of this state; (F) The Georgia Municipal Association; (G) The Jointly Owned Natural Gas Transmission Line which was established by contract by the Cities of Perry, Warner Robins, Hawkinsville, and Cochran; (H) Consolidated city-county governments of this state; or (I) The Municipal Gas Authority of Georgia, and any successor thereto, created pursuant to Article 4 of Chapter 4 of Title 46. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 403

CONTRACTSCOMMITMENTS TO LEND MONEY. Code Section 13-5-30 Amended. No. 1164 (House Bill No. 1536). AN ACT To amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, so as to provide that certain commitments to lend money be in writing; 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 13 of the Official Code of Georgia Annotated, relating to agreements required to be in writing, is amended by striking Code Section 13-5-30, relating to certain specific agreements required to be in writing, and inserting in lieu thereof a new Code Section 13-5-30 to read as follows: 13-5-30. To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him: (1) A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate; (2) A promise to answer for the debt, default, or miscarriage of another; (3) Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19; (4) Any contract for sale of lands, or any interest in, or concerning lands; (5) Any agreement that is not to be performed within one year from the making thereof;

Page 404

(6) Any promise to revive a debt barred by a statute of limitation; and (7) Any commitment to lend money. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. TORTSCIVIL ACTIONS FOR DAMAGES FOR WILLFUL DAMAGE OR THEFT OF PERSONAL PROPERTY; DEMANDS FOR PAYMENT. Code Section 51-10-6 Enacted. No. 1165 (House Bill No. 1538). AN ACT To amend Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, so as to authorize the owner of personal property to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft involving the owner's personal property; to provide for various damages and a limitation on the amount of damages which may be recovered; to require a property owner to provide written notice of a demand for payment prior to filing the civil action in order to recover certain damages; to provide for forms; to provide certain other conditions in order for a property owner to recover certain damages; to provide that a person who makes payment in accordance with the demand for payment shall not be subject to a civil action by the property owner; to authorize certain findings by the trier of fact in a civil action; to define a certain term; to prohibit civil actions under this Act under a certain condition; to repeal conflicting laws; and for other purposes.

Page 405

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 51 of the Official Code of Georgia Annotated, relating to injuries to personalty, is amended by adding at the end thereof a new Code Section 51-10-6 to read as follows: 51-10-6. (a) Any owner of personal property shall be authorized to bring a civil action to recover damages from any person who willfully damages the owner's personal property or who commits a theft as defined in Article 1 of Chapter 8 of Title 16 involving the owner's personal property. The owner of the personal property may recover as follows: (1) In any such action, the property owner may recover compensatory damages which may include, in addition to the value of the personal property, any other loss sustained as a result of the willful damage or theft offense; and (2) In any such action in which the value of the total claim, including exemplary damages, is less than $3,000.00, the property owner may recover compensatory damages, as described in paragraph (1) of this subsection, and additionally may recover liquidated exemplary damages equal to $150.00 or twice the amount of compensatory damages recovered in the action, whichever is greater, and the cost of maintaining the civil action if all of the following apply: (A) The property owner, at least 30 days prior to the filing of the action, provided written notice of a demand by personal delivery or certified mail, return receipt requested, for payment of the value of that personal property and of the amount of any other loss sustained as a result of the willful damage or theft offense upon the person who willfully damaged the property or who committed the theft offense; (B) Either the person who willfully damaged the personal property or who committed the theft offense did not make payment to the property owner of the

Page 406

amount specified in the demand within 30 days after the date of receipt of the written demand and did not enter into an agreement with the property owner during that 30 day period for such payment, or the person who willfully damaged the personal property or who committed the theft offense entered into an agreement with the property owner during that 30 day period for such payment but the person did not make such payment in accordance with the terms of the agreement; and (C) The property owner did not file a civil complaint against the person who willfully damaged the personal property or who committed the theft offense prior to the expiration of 30 days after the date of service of the written demand upon the person, or, if the person had entered into an agreement with the property owner during that 30 day period for payment, prior to the day on which the person failed to make payment in accordance with the terms of the agreement, whichever is applicable. (b) The person against whom the property owner brings a civil action pursuant to this Code section shall be entitled to recover reasonable attorney's fees and court costs upon a finding that the claimant raised a claim which was without reasonable, factual, or legal support. (c) For purposes of paragraph (2) of subsection (a) of this Code section, written notice of demand for payment shall be substantially as follows: `Upon reasonable cause, notice is given of (my)(our) demand for payment of damages in the amount of (state amount claimed based upon value of the personal property and any other loss sustained as a result of the willful damage or theft offense) arising out of your (willful damage, theft, or unlawful conversion) of the following personal property owned by (the undersigned or other owner) : (List affected property)

Page 407

Pursuant to Code Section 51-10-6 of the Official Code of Georgia Annotated, you are further notified that if the abovestated amount is not paid, or a written agreement as to its payment is not reached, within 30 days of the date you receive this letter, (I) (we) (other owner) intend to bring an action against you for such amount, plus exemplary damages equal to ($150.00 or twice the amount claimed, whichever is greater) plus court costs and such other relief as the law provides. ' (d) If a property owner whose personal property was willfully damaged or was the subject of a theft offense provides written notice of demand for payment upon a person who willfully damaged the personal property or who committed the theft offense, and the person makes payment in accordance with the demand within 30 days after the date of service of the written demand upon him or the person enters into an agreement with the property owner during that 30 day period for such payment and makes payment in accordance with the agreement, the property owner shall not file a civil complaint against the person in relation to the willful property damage or theft offense. (e) In a civil action to recover damages for willful damage to personal property or for a theft offense, the trier of fact may determine that an owner's personal property has been committed, whether or not any person has pleaded guilty to or has been convicted of any criminal offense or has been adjudicated delinquent in relation to any act involving the owner's personal property. (f) As used in this Code section, the term `value' means the retail value of any personal property that is offered for sale by a mercantile establishment or the replacement value of any other personal property. (g) If a civil action is filed pursuant to Article 4 of Chapter 12 of Title 44 to recover personal property or damages resulting from willful damage to or theft of such personal

Page 408

property, no civil action authorized by this Code section shall be permitted. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. COURTSAUDITORS AND SPECIAL MASTERS; FEES ASSESSED AS COURT COSTS. Code Sections 9-7-22 and 22-2-106 Amended. No. 1166 (House Bill No. 1545). AN ACT To amend Code Section 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, so as to provide that the fees of an auditor shall be assessed as court costs; to amend Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, so as to provide that such compensation shall be assessed as court costs; to provide for exceptions; 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 9-7-22 of the Official Code of Georgia Annotated, relating to fees of an auditor, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-7-22 to read as follows: 9-7-22. (a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the trial judge making the referral or by any other judge having jurisdiction of the case and serving in the place and stead of the trial judge. The fees so determined

Page 409

and fixed may be apportioned between and among the parties at the discretion of the judge. (b) The court with consent of the parties may fix the fees of the auditor in advance and incorporate the same in the order making the appointment. (c) The fees of an auditor, as determined and fixed by the judge, shall be included in and made a part of the judgment of the court. The fees of the auditor shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such fees have not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. Section 2 . Code Section 22-2-106 of the Official Code of Georgia Annotated, relating to compensation of a special master, is amended by striking subsection (a) of said Code section in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The compensation of the special master shall be provided for by a proper order of the judge of the superior court; shall be included in and made a part of the judgment of the court condemning the property or any interest therein sought to be taken, such judgment to be based on the award of the special master; shall be paid by the condemning body; and shall not be less than $50.00 per day nor more than $250.00 per day for the time actually devoted to the hearing and consideration of the matter by the special master. The compensation of the special master shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such compensation has not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 410

GEORGIA BOAT SAFETY ACTPERSONAL FLOTATION DEVICES; NUMBERING OF VESSELS; MUFFLING DEVICES; TESTING. Code Sections 52-7-3, 52-7-4, and 52-7-10 Amended. No. 1167 (House Bill No. 1596). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Boat Safety Act, so as to change the definition of a personal flotation device; to provide for certain exceptions to certain numbering requirements; to change certain provisions relating to muffling devices; to provide for standards; to provide for testing of vessels; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to the Georgia Boat Safety Act, is amended by striking paragraph (15) of Code Section 52-7-3, relating to definitions, and inserting in its place a new paragraph (15) to read as follows: (15) `Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V by the United States Coast Guard. Section 2 . Said article is further amended by striking Code Section 52-7-4, relating to requirements for registration and numbering of vessels, and inserting in its place a new Code Section 52-7-4 to read as follows: 52-7-4. Every vessel using the waters of this state shall be numbered, except those vessels exempted by Code Section 52-7-6 and those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8. No person shall operate or give permission for the operation

Page 411

of any such vessel on the waters of this state unless the vessel is numbered in accordance with this article or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state and unless: (1) The certificate of number issued to the vessel is on board and in full force and effect; and (2) The identifying number set forth in the certificate of number is properly displayed on each side of the forward half of the vessel; provided, however, that this requirement shall not apply to numbered vessels which are documented by the United States Coast Guard. Section 3 . Said article is further amended by striking Code Section 52-7-10, relating to muffling devices, and inserting in its place a new Code Section 52-7-10, to read as follows: 52-7-10. (a) The exhaust of every internal combustion engine used on any vessel, excluding those vessels documented by the United States Coast Guard and licensed pursuant to Code Section 27-2-8, shall be muffled so that the noise level does not exceed 84 decibels measured at a distance of 50 feet. The use of cutouts or exhaust stacks is prohibited, except as authorized by permit issued for vessels competing in regattas or boat races approved as provided in Code Section 52-7-19. (b) The operator of any vessel, when requested to do so by any law enforcement officer authorized to enforce this title, shall submit the vessel to a noise level test. 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 28, 1988.

Page 412

CRIMES AND OFFENSESDESTRUCTION, ALTERATION, OR FALSIFICATION OF PATIENTS' HEALTH RECORDS. Code Section 16-10-94.1 Enacted. No. 1168 (House Bill No. 1598). AN ACT To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the destruction, alteration, or falsification of certain records; to provide for definitions; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by adding, following Code Section 16-10-94, a new Code Section 16-10-94.1 to read as follows: 16-10-94.1. (a) As used in this Code section, the term: (1) `Patient' means any person who has received health care services from a provider. (2) `Provider' means all hospitals, including public, private, osteopathic, and tuberculosis hospitals; other special care units, including podiatric facilities, skilled nursing facilities, and kidney disease treatment centers, including freestanding hemodialysis units; intermediate care facilities; ambulatory surgical or obstetrical facilities; health maintenance organizations; and home health agencies. Such term shall also mean any person licensed to practice Under Chapter 9, 11, 26, 34, 35, or 39 of Title 43. (3) `Record' means a patient's health record, including, but not limited to, evaluations, diagnoses, prognoses,

Page 413

laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient's condition, or the pertinent portion of the record relating to a specific condition or a summary of the record. (b) Any person who, with intent to conceal any material fact relating to a potential claim or cause of action, knowingly and willfully destroys, alters, or falsifies any record shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. STATE EMPLOYEES' HEALTH INSURANCE PLANCONTRIBUTIONS BY DEPARTMENTS; DISCHARGED EMPLOYEES. Code Section 45-18-14 Amended. No. 1169 (House Bill No. 1623). AN ACT To amend Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of coverage under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state government, so as to change the method of computing contributions of the various departments, boards, and agencies of state government to the health insurance fund; to provide that employees who are discharged from employment may continue to pay the employee contribution and continue to receive health insurance coverage for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 414

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-18-14 of the Official Code of Georgia Annotated, relating to deductions from compensation and benefits of share of cost of coverage under health insurance plan of state employees and payment of contributions to health insurance fund by departments, boards, and agencies of state government, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 45-18-14 to read as follows: 45-18-14. During any period in which an employee is covered under this article prior to the date of his retirement, there shall be withheld from each salary payment or other compensation of such employee, as his share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, based on a percentage of the total outlay for personal services in addition to an amount to be established by the board to defray the cost of administration and the state's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Department of Administrative Services shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys appointed pursuant to Code Section 15-18-14, and secretaries and law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established

Page 415

by the board as a percent of the total outlay of services rendered by members of the General Assembly, its administrative and clerical personnel, and the district attorneys of the superior courts of the state; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue coverage by paying the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less. 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, 1988. CRIMES AND OFFENSESBUS AND RAIL VEHICLE PASSENGER SAFETY ACT; RAIL VEHICLE HIJACKING; EXPLOSIVES; WEAPONS. Code Sections 16-12-121 through 16-12-124 Amended. No. 1170 (House Bill No. 1629). AN ACT To amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the Bus Passenger Safety Act, so as to provide for legislative findings; to change the provisions relating to definitions; to provide that

Page 416

certain provisions will apply to railroad and rapid transit systems as well as to bus transportation; to change certain offenses and penalties therefor; to provide for the offense of forcible interference with the operation of public transportation systems; to provide penalties therefor; 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 . The General Assembly finds and declares that the transportation of passengers, baggage, and cargo by railroad and by rail transit systems requires protection equal to that provided to like transportation by bus; that the transportation of passengers, baggage, and cargo by bus, railroad, and rail transit systems requires special protection from interference by force, violence, threats, and like forms of terrorism; and that the protection of persons and property, the preservation of the public peace, and the general welfare of the people of this state require the enactment of the following provisions. Section 2 . Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, known as the Bus Passenger Safety Act, is amended by striking that part and inserting in its place a new part to read as follows: Part 2 16-12-121. This part shall be known and may be cited as the `Bus and Rail Vehicle Passenger Safety Act.' 16-12-122. As used in this part, the term: (1) `Bus' means any passenger bus or coach or other motor vehicle having a seating capacity of not less than 15 passengers operated by a transportation company for the purpose of carrying passengers or cargo for hire. (2) `Charter' means a group of persons, pursuant to a common purpose and under a single contract and at a fixed charge for the vehicle in accordance with a transportation company's tariff, who have acquired the

Page 417

exclusive use of a bus or rail vehicle to travel together as a group to a specified destination. (3) `Passenger' means any person served by the transportation company; and, in addition to the ordinary meaning of passenger, the term shall include any person accompanying or meeting another person who is transported by such company, any person shipping or receiving cargo, and any person purchasing a ticket or receiving a pass. (4) `Rail vehicle' means any railroad or rail transit car, carriage, coach, or other vehicle, whether self-propelled or pulled or pushed by a locomotive or other vehicle or vehicles, having a seating capacity of not less than 15 passengers, and operated upon a rail or rails or other fixed right of way by a transportation company for the purpose of carrying passengers or cargo for hire. (5) `Terminal' means a bus or rail vehicle station, depot, or any facility operated by a transportation company. This term includes a reasonable area immediately adjacent to any designated stop along the route traveled by any coach or rail vehicle operated by a transportation company and parking lots or parking areas adjacent to a terminal. (6) `Transportation company' or `company' means any person, group of persons, or corporation providing for-hire transportation to passengers or cargo by bus upon the highways in this state, by rail vehicle upon any public or private right of way in this state, or by both, including passengers and cargo in interstate or intrastate travel. This term shall also include transportation facilities owned or operated by local public bodies; by municipalities; and by public corporations, boards, and commissions established under the laws of the state. 16-12-123. (a) The offense of bus or rail vehicle hijacking is the seizure or exercise of control by force or violence or threat of force or violence of any bus or rail vehicle within the jurisdiction of this state. Any person committing the offense of bus or rail vehicle hijacking shall be guilty of a

Page 418

felony and, upon conviction thereof, shall be punished by imprisonment for life or imprisonment for not less than one nor more than 20 years. (b) Any person who boards or attempts to board a bus or rail vehicle with a dangerous or deadly weapon concealed on or about his person or his property which is or would be accessible to such person while on the bus or rail vehicle shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years. The prohibition of this subsection shall not apply to any person who is exempted under Code Section 16-11-130 or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons who are in the possession of weapons with the consent of the owner of such bus or rail vehicle, his agent, or the lessee or bailee of such bus or rail vehicle; nor shall the prohibition apply to persons transporting weapons contained in baggage which is not accessible to passengers on the bus or rail vehicle if the presence of such weapons has been declared to the transportation company. (c) Any person who has on or about his person or who has placed, attempted to place, or attempted to have placed aboard such bus or rail vehicle any bomb or similar explosive or incendiary device shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than 20 years. (d) Any person who by force or violence or by threat of force or violence seizes or exercises control of any transportation company, or of the transportation facilities owned or operated by any such company, or of any part thereof, or who by force or violence or by threat of force or violence obstructs, hinders, interferes with, or otherwise disrupts or disturbs the operation of any such company or facility, or of any part thereof, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years. (e) The company may employ reasonable means, including mechanical, electronic, or X-ray devices, to detect concealed

Page 419

weapons, explosives, or hazardous material in baggage or upon the person of the passenger. Upon the discovery of any such item or material in the possession of a person, unless the item is a weapon in the possession of a person exempted under subsection (b) of this Code section from the prohibition of that subsection (b), the company shall obtain possession and retain custody of such item or materials until they are transferred to the custody of law enforcement officers. 16-12-124. (a) It shall be unlawful to remove any baggage, cargo, or other item transported upon a bus or rail vehicle or stored in a terminal without consent of the owner of such property or the company or its duly authorized representative. Any person violating this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (b) The actual value of an item removed in violation of this Code section shall not be material to the crime herein defined. 16-12-125. This part shall be cumulative and supplemental to any other law of this state. A conviction or acquittal under any of the criminal provisions of Code Section 16-12-123 or 16-12-124 shall not be a bar to any other civil or criminal proceeding. 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, 1988.

Page 420

CRIMES AND OFFENSESCONTROLLED SUBSTANCES AND DANGEROUS DRUGS; COCAINE; COCAINE MIXTURES; MORPHINE; OPIUM; MARIJUANA; POSSESSION. Code Sections 16-13-26 and 16-13-31 Amended. No. 1171 (Senate Bill No. 109). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs; to eliminate the requirement that a person be in actual possession of certain controlled substances to be guilty of certain offenses; 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 subparagraph (D) of paragraph (1) of Code Section 16-13-26, relating to Schedule II controlled substances, and inserting in its place a new subparagraph to read as follows: (D) Cocaine, coca leaves, any salt, compound, deriative, stereoisomers of cocaine, or preparation of coca leaves, and any salt, compound, derivative, stereoisomers of cocaine, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine; . Section 2 . Said chapter is further amended by striking in its entirety Code Section 16-13-31, relating to penalties for trafficking in certain controlled substances and marijuana, and inserting in its place a new Code Section 16-13-31 to read as follows: 16-13-31. (1) Any person who knowingly sells, manufactures, delivers, or brings into this state or who

Page 421

is knowingly in 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 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 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. (b) Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in

Page 422

Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows: (1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; (2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and (3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00. (c) Any person who knowingly sells, manufactures, grows, delivers, brings into this state, or has possession of a quantity of marijuana exceeding 100 pounds commits the offense of trafficking in marijuana and, upon conviction thereof, shall be punished as follows: (1) If the quantity of marijuana involved is in excess of 100 pounds, but less than 2,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $25,000.00; (2) If the quantity of marijuana involved is 2,000 pounds or more, but less than 10,000 pounds, the person shall be sentenced to a mandatory minimum term of imprisonment of seven years and shall pay a fine of $50,000.00; and (3) If the quantity of marijuana involved is 10,000 pounds or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $200,000.00.

Page 423

(d) Any person who knowingly sells, manufactures, delivers, or brings into this state 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in paragraph (5) of Code Section 16-13-25, in violation of this article commits the felony offense of trafficking in methaqualone and, upon conviction thereof, shall be punished as follows: (1) If the quantity of the methaqualone or the mixture involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a madatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00; and (2) If the quantity of the methaqualone or the mixture involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall pay a fine of $250,000.00. (e) (1) Except as provided in paragraph (2) of this subsection and notwithstanding Code Section 16-13-2, with respect to any person who is found to have violated this Code section, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld prior to serving the mandatory minimum term of imprisonment prescribed by this Code section. (2) The district attorney may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, coconspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance. (f) Any person who violates any provision of this Code section in regard to trafficking in cocaine, illegal drugs, or marijuana shall be punished by imprisonment for not less than five years nor more than 30 years and by a fine not to exceed $500,000.00.

Page 424

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, 1988. MAGISTRATE COURTSJUDGES; MINIMUM SALARIES. Code Section 15-10-23 Amended. No. 1172 (Senate Bill No. 197). AN ACT To amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, so as to change provisions relating to the minimum salaries of magistrates; to provide for 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 . Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to compensation of judges of the magistrate courts, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) and by adding at the end of such Code section new subsections (f) and (g) to read as follows: (a) Unless otherwise provided by local law, the chief magistrate of each county other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Page 425

Population Minimum Salary 0 - 5,999 $ 5,925.00 6,000 - 11,999 8,827.50 12,000 - 19,999 10,065.00 20,000 - 29,999 11,250.00 30,000 - 39,999 13,365.00 40,000 - 49,999 14,580.00 50,000 - 99,999 15,480.00 100,000 - 199,999 20,212.50 200,000 - 299,999 26,550.00 300,000 or more 28,750.00 The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1980 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office. (b) Unless otherwise provided by local law, each magistrate other than the chief magistrate shall receive a minimum monthly salary of $250.00 per month. The salary of each magistrate other than the chief magistrate may be supplemented by the county governing authority in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. (f) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (g) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which

Page 426

is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. Section 2 . This Act shall become effective on January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. ATTORNEY GENERALMEMBERSHIP ON BOARDS, COMMISSIONS, AND AUTHORITIES. Code Titles 2, 10, 12, 20, 21, 28, 31, 35, 40, 42, 45, 47, 48, and 50 Amended. No. 1173 (Senate Bill No. 419). AN ACT To amend the Official Code of Georgia Annotated so as to remove the Attorney General from being a member of certain commissions, committees, authorities, boards, and other public bodies; to provide for a replacement member to such; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Official Code of Georgia Annotated is amended by striking Code Section 2-4-3, relating to the Seed Development Commission; Code Section 2-10-4, relating to the Georgia Building Authority (Markets); Code Section 2-11-29,

Page 427

relating to the Seed Advisory Committee; Code Section 10-1-395, relating to the Consumer Advisory Board; Code Section 12-8-102, relating to the Georgia Hazardous Waste Management Authority; Code Section 20-2-552, relating to the Georgia Education Authority (Schools); Code Section 20-3-152, relating to the Georgia Education Authority (University); Code Section 28-6-1, relating to the Committee on Interstate Cooperation; Code Section 31-7-22, relating to the Georgia Building Authority (Hospital); Code Section 35-2-1, relating to the Board of Public Safety; Code Section 35-8-3, relating to the Georgia Peace Officer Standards and Training Council; Code Section 40-6-9, relating to traffic control review boards; Code Section 42-3-3, relating to the Georgia Building Authority (Penal); Code Section 42-9-14, relating to the board which reviews membership on the State Board of Pardons and Paroles; Code Section 45-12-23, relating to the council that reviews the capability of the Commissioner of Insurance; Code Section 47-8-2, relating to the trustees of the Superior Court Judges Retirement Fund of Georgia; Code Section 47-9-20, relating to the trustees of the Superior Court Judges Retirement System; Code Section 47-11-20, relating to the commissioners of the Judges of the Probate Courts Retirement Fund of Georgia; Code Section 47-12-21, relating to the trustees of the District Attorneys Retirement Fund of Georgia; Code Section 47-13-20, relating to the trustees of the District Attorneys' Retirement System; Code Section 47-14-20, relating to the commissioners of the Superior Court Clerks' Retirement Fund of Georgia; Code Section 47-17-20, relating to the commissioners of the Peace Officers' Annuity and Benefit Fund; Code Section 48-2-18.1 relating to the Tax Settlement and Compromise Board; Code Section 50-2-28, relating to the committee which supervises the capitol grounds; Code Section 50-5-35, relating to the Advisory Board on Space Management; Code Section 50-9-3, relating to the Georgia Building Authority; Code Section 50-18-28, relating to the reports of the Supreme Court and Court of Appeals; Code Section 50-18-29, relating to the reports of the Supreme Court and Court of Appeals; Code Section 50-18-32, relating to the reports of the Supreme Court and Court of Appeals; and Code Section 50-18-92, relating to the State Records Committee, and inserting, respectively, in lieu thereof new Code sections to read as follows: 2-4-3. (a) The commission shall be composed of the following ten members:

Page 428

(1) The Lieutenant Governor; (2) The Commissioner of Agriculture; (3) An appointee of the Governor who is not the Attorney General; (4) The dean and coordinator of the College of Agriculture of the University of Georgia; (5) The director of experiment stations of the College of Agriculture of the University of Georgia; (6) The president of Foundation Seeds, Incorporated; and (7) Four members who are farmers, to be appointed as follows: (A) One member to be appointed by the Commissioner of Agriculture; (B) One member to be appointed by the Georgia Farm Bureau Federation; (C) One member to be appointed by the Georgia Seedmen's Association; and (D) One member to be appointed by Foundation Seeds, Incorporated. (b) The members of the commission shall enter upon their duties without further act or formality. The commission shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as deemed necessary but is under no duty to do so. (c) Six members of the commission shall constitute a quorum necessary for the transaction of business, and a majority

Page 429

vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this chapter. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d) The members shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (e) Members of the commission shall be accountable as trustees. They shall cause adequate books and records of all transactions of the commission, including records of income and disbursements of every nature, to be kept. The books and records shall be inspected and audited by the state auditor at least once in each year. The commission may require that an employee, an officer, member of the commission, or any person doing business with the commission post a bond, in an amount to be determined by the commission, for the faithful performance of the duties imposed upon such employee, officer, member of the commission, or person doing business with the commission. The principal of such bond of an officer, employee, or member of the commission shall be paid by the commission. 2-10-4. (a) The authority shall consist of the Governor, the Lieutenant Governor, the Commissioner of Agriculture, an appointee of the Governor who is not the Attorney General, and the state auditor. (b) The authority shall elect one of its members as chairman and another as vice-chairman. It shall also elect a secretary and a treasurer, who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary but is under no duty to do so. (d) Three members of the authority shall constitute a quorum necessary for the transaction of business. A majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted

Page 430

to the authority by this article. No vacancy on the authority shall impair the right of a quorum to transact any and all business. (e) The members of the authority shall not receive compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. (f) Members of the authority shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the authority, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once each year. 2-11-29. (a) There is created a Seed Advisory Committee to be composed of the following persons who, aside from the ex officio members, shall be selected by the heads of the institutions or organizations in question: (1) The Commissioner of Agriculture, ex officio, as chairman; (2) An appointee of the Governor who is not the Attorney General; (3) One member from the experiment stations of the College of Agriculture of the University of Georgia; (4) One member from the Coastal Plains Experiment Station; (5) One member from the Cooperative Extension Service; (6) Two members from the Georgia Seedmen's Association; (7) One member from the College of Agriculture of the University of Georgia; (8) One member from the Georgia Crop Improvement Association, Inc.; and

Page 431

(9) One member from the Georgia Farm Bureau Federation. (b) The Commissioner shall be compensated as provided by law. The other members of the committee shall be compensated $20.00 per day for each day of service on business of the committee, to be paid from the funds of the Department of Agriculture. (c) The committee shall serve in an advisory capacity to the Commissioner in promulgating rules and regulations pursuant to this article. No rule or regulation shall be promulgated by the Commissioner without consulting the advisory committee. (d) The Seed Advisory Committee is assigned to the Department of Agriculture for administrative purposes only as prescribed in Code Section 50-4-3. 10-1-395. (a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources. (b) (1) A Consumer Advisory Board is created whose duty it shall be to advise and make recommendations to the administrator. The board shall consist of 15 members with the administrator or his designee to serve as the ex officio member. The members of this board shall be appointed by the Governor; however, the Attorney General shall not be an appointee. One member shall be appointed from each congressional district and the remaining members shall be appointed from the state at large. At least four members shall be attorneys representing consumers' interests and two of these consumers' attorneys shall represent Georgia Indigent Legal Services or any other legal aid society. At least four members shall be representatives of the business community, two of which are recommended by the Georgia Retail Association and two recommended for appointment by the Business Council of Georgia, Inc.

Page 432

(2) (A) On and after July 1, 1983, the Consumer Advisory Board shall consist of 15 members who shall be appointed by the Governor as provided in this paragraph. The initial terms of those members other than the ex officio member shall be as follows: five members shall be appointed to serve for a term ending July 1, 1984; five members shall be appointed to serve for a term ending July 1, 1985; and five members shall be appointed for a term ending July 1, 1986. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of three years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the unexpired term of such member. (B) The first members appointed under this paragraph shall be appointed for terms which begin July 1, 1983. The members of the Consumer Advisory Board serving on April 1, 1983, shall remain in office until June 30, 1983, and until their successors are appointed. (3) The board shall elect its chairman and shall meet not less than once every four calendar months at a time and place specified in writing by the administrator. The board may also meet from time to time upon its own motion as deemed necessary by a majority of the members thereof for the purpose of conducting routine or special business. Each member of the board shall serve without pay but shall receive standard state per diem for expenses and receive standard travel allowance while attending meetings and while in the discharge of his responsibilities. (4) The board shall assist the administrator in an advisory capacity in carrying out the duties and functions of the office concerning: (A) Policy matters relating to consumer interests; and

Page 433

(B) The effectiveness of the state consumer programs and operations. (5) The board shall make recommendations concerning: (A) The improvement of state consumer programs and operations; (B) The elimination of duplication of effort; (C) The coordination of state consumer programs and operations with other local and private programs related to consumer interest; (D) Legislation needed in the area of consumer protection; and (E) Avoidance of unnecessary burdens on business, if any, resulting from the administration of this part. (6) The board shall make a written report to the Governor not less frequently than at the end of each calendar year on its activities and the administration of this part, with such recommendations for changes, if any, as the board deems proper. (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. (d) Any official of this state receiving a complaint or inquiry as provided in subsection (c) of this Code section shall advise the administrator of his action with respect to the complaint or inquiry.

Page 434

(e) All officials and agencies of this state having responsibility under this part are authorized and directed to consult and assist one another in maintaining compliance with this part. (f) In the event a person holding a professional license as defined in Chapter 4 of Title 26 or in Title 43 shall be determined by the administrator to be operating a business or profession intentionally, persistently, and notoriously in a manner contrary to this part, the Secretary of State, at the instruction of the administrator, shall begin proceedings to revoke such professional license. (g) The administrator shall not be authorized to exercise any powers granted in this part against a person regulated by an agency or department listed in subsection (c), subsection (d), or subsection (e) of this Code section with regard to conduct specifically approved or prohibited by such agency or department if such agency or department certifies to the administrator that the exercise of such powers would not be in the public interest. (h) On December 31 of each year the administrator shall make a written report to the Governor summarizing the types and numbers of complaints received and the dispositions concerning these complaints by his office. (i) Nothing contained in this part shall be construed as repealing, limiting, or otherwise affecting the existing powers of the various regulatory agencies of the State of Georgia except that all agencies of this state, in making determinations as to whether actions or proposed actions of persons subject to their jurisdiction and control are in the public interest, shall consider the situation in the light of the policies expressed by this part. 12-8-102. There is created a body corporate and politic to be known as the Georgia Hazardous Waste Management Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority shall

Page 435

consist of the Governor, the Lieutenant Governor, an appointee of the Lieutenant Governor, the Secretary of State, an appointee of the Governor who is not the Attorney General, the state auditor, two appointees of the Speaker of the House of Representatives neither of whom is the Attorney General, the commissioner of transportation, the Commissioner of Agriculture, the commissioner of industry and trade, and the commissioner of human resources. The term of office of the appointees of the Speaker of the House of Representatives and the appointee of the Lieutenant Governor shall be three years. In the event that any appointed member should vacate the office prior to the fulfillment of his term, the appropriate appointing official shall appoint someone to serve out that term. Immediately upon the passage and approval of this article, the members of the authority shall enter upon their duties. The authority shall elect its own officers. Six members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their expenses such mileage and per diem as allowed by law to 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 name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of any contracts existing under this article. 20-2-552. (a) There is created a body corporate and politic to be known as the Georgia Education Authority (Schools), which shall be deemed to be an instrumentality of the State of Georgia and a public corporation and which by that name, style, and title such body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of seven members, as follows: the Governor, an appointee of the Governor who is not the Attorney General, the state auditor, the chairman of the State Board of Education, the chairman of the Board of Regents of the University System of Georgia, the State School Superintendent, and the chancellor of the University System of Georgia.

Page 436

(b) The authority shall elect one of its members as chairman and another as vice-chairman and a secretary and treasurer, who need not necessarily be a member of the authority but who shall be the same as the secretary and treasurer of the Georgia Education Authority (University). The majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The staff of the authority shall be the same as the staff of the Georgia Education Authority (University). The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. (c) The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. 20-3-152. (a) There is created a body corporate and politic to be known as the Georgia Education Authority (University), which shall be deemed to be an instrumentality of this state and a public corporation; and by that name, style, and title said body may contract and be contracted with, bring and defend actions, and implead and be impleaded. The authority shall consist of seven members, as follows: the Governor, an appointee of the Governor who is not the Attorney General, the state auditor, the chairman of the State Board of Education, the chairman of the board of regents, the State School Superintendent, and the chancellor of the university system. (b) The authority shall elect one of its members as chairman and another as vice-chairman and a secretary and treasurer, who need not necessarily be a member of the authority but who shall be the same as the secretary and treasurer of the Georgia Education Authority (Schools). The majority of the members of the authority shall constitute a quorum.

Page 437

No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The staff of the authority shall be the same as the staff of the Georgia Education Authority (Schools). The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this article or impair the obligations of any contracts existing under this article. (c) The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. 28-6-1. (a) There is established a standing committee of the Senate of this state to be known officially as the Senate Committee on Interstate Cooperation and to consist of five Senators. The members and the chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the Senate. In addition to the regular members, the President of the Senate shall be ex officio an honorary nonvoting member of this committee. (b) There is established a standing committee of the House of Representatives of this state to be known officially as the House Committee on Interstate Cooperation and to consist of five members of the House of Representatives. The members and the chairman of this committee shall be designated in the same manner as is customary in the case of the members and chairmen of other standing committees of the House of Representatives. In addition to the regular members, the Speaker of the House of Representatives shall be ex officio an honorary nonvoting member of this committee. (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

Page 438

of Insurance, ex officio; the Secretary of State, ex officio; and three other administrative officials or employees to be designated by the Governor none of whom shall be the Attorney General. 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. 31-7-22. There is created a body corporate and politic to be known as the Georgia Building Authority (Hospital) which shall be deemed to be an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts. The authority shall consist of the Governor, the state auditor, the Lieutenant Governor, the Commissioner of Agriculture, and an appointee of the Governor who is not the Attorney General. The authority shall elect one of its members as chairman and another as vicechairman and shall elect a secretary-treasurer who need not be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make necessary rules and regulations for its own governance. It shall have perpetual existence. The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. 35-2-1. (a) There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety. (b) The board shall consist of ten members: (1) The following three members serve as follows: (A) The Governor, ex officio, who shall be chairman of the board;

Page 439

(B) An appointee of the Governor who shall not be the Attorney General; and (C) The official in charge of the Department of Corrections, ex officio. (2) Four members shall be selected as follows: (A) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years; (B) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years; (C) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years; and (D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first representative shall serve an initial term ending on January 20, 1984. Each subsequent term shall be for three years. (3) By majority vote the board shall appoint three members from the state at large; no person so appointed shall be an officer or employee of any state or local governmental entity at the time of his appointment to or during his membership on the board. All terms of the three at-large members shall be four years. Any vacancy in the

Page 440

at-large membership shall be filled by the board for the unexpired term. (c) Appointments made pursuant to paragraph (2) of subsection (b) of this Code section at times when the Senate is not in session shall be effective ad interim. 35-8-3. (a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 18 voting members and five advisory members. (b) The voting members shall consist of: (1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his designee, the president of the Georgia Association of Chiefs of Police or his designee, the president of the Georgia Sheriffs' Association or his designee, the president of the Georgia Municipal Association or his designee, the president of the Association County Commissioners of Georgia or his designee, the president of the Peace Officers' Association of Georgia or his designee, the commissioner of corrections or his designee, the chairman of the State Board of Pardons and Paroles or his designee, and the president of the Georgia Prison Wardens Association or his designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he holds the office or employment by reason of which he was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and

Page 441

(3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the the time he is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges. (d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3. 40-6-9. (a) As used in this Code section, the term `speed limits' shall be construed to refer to and include stop lights, stop signs, slow signs, yield signs, and any and every other light, device, or sign which may be used to impede, slow, stop, or regulate the speed of motor vehicles on the public highways. (b) Any provisions of this chapter to the contrary notwithstanding, whenever any complaint is made to the Governor that any speed limit established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any speed limit established by the state or by any county or municipal governing authority is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the commissioner of public safety or his delegate, who shall make a report thereon together with his recommendations as to whether the state should suspend the authority of the applicable local county or municipal governing authorities to enforce speed limits upon any state and federal highways lying within the jurisdiction of such authorities. Upon receipt of a report accompanied by recommendations that the power

Page 442

to enforce speed limits be restricted, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with notice of hearing on the allegations of the report made by the commissioner of public safety or his delegate. Such hearing may be held at such time and such place as may be determined by the Governor but shall not be held less than ten days after notice to the local governing authorities. Such hearing shall be conducted before a board to be composed of the Governor, the Secretary of State, and an appointee of the Governor who is not the Attorney General, who shall be reimbursed for the actual and necessary expenses pertaining to their services on the board but who shall receive no other additional compensation for their services thereon. Upon determination by the board that the speed limits established by the county or municipal governing authorities against whom complaint has been brought are either unreasonable or that speed limits are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order suspending the power of such local governing authority to enforce speed limits on state or federal highways lying within its jurisdiction, or on any particular such highway. In the event that this power is suspended, the Governor shall direct the commissioner of public safety to enforce the speed limits on such highways. (c) At intervals of not less than six months, any governing authority affected by subsection (b) of this Code section and by an executive order issued in accordance with subsection (b) of this Code section may, upon a change of circumstances being shown to the Governor, petition the Governor for reconsideration, whereupon the Governor, in his discretion, may direct the commissioner of public safety or his delegate to inquire into such change of circumstances and report the same to him together with any recommendations for modification of the Governor's previous order; and the Governor, in his discretion, may order a new hearing on the matter before the board or may, without hearing, modify or revoke his previous executive order. (d) Any provisions of this chapter to the contrary notwithstanding, when any complaint is made to the Governor that any traffic law, ordinance, or regulation, other than

Page 443

speed regulations for which provision has been made in subsection (b) of this Code section, established by any county or municipal authority is arbitrary or unreasonable, or upon any complaint being made to the Governor that any traffic law, ordinance, or regulation established by the state or by any county or municipal governing authority, other than speed regulations for which provision has been made in subsection (b) of this Code section, is being enforced primarily for the collection of revenue rather than for purposes of public safety, the Governor may, in his discretion, direct that an investigation and any necessary studies be commenced by the commissioner of public safety or his delegate, who shall make a report thereon together with his recommendations as to whether the state should suspend the authority of the applicable local county or municipal governing authorities to enforce traffic laws, ordinances, or regulations upon any state and federal highways lying within the jurisdiction of such authorities. Upon receipt of a report accompanied by recommendations that the power to enforce traffic laws, ordinances, and regulations be restricted, the Governor shall furnish a copy of such report to the local authorities affected thereby, together with notice of a hearing on the allegations of the report made by the commissioner of public safety or his delegate. Such hearing may be held at such time and at such place as may be determined by the Governor but shall not be less than ten days after notice to the local governing authorities. This hearing shall be conducted before a board to be composed of the Governor, the Secretary of State, and an appointee of the Governor who is not the Attorney General, who shall be reimbursed for the actual and necessary expenses pertaining to their services on the board but who shall receive no other additional compensation for their services thereon. Upon the determination by the board either that traffic laws, ordinances, or regulations, other than speed regulations for which provision has been made in subsection (b) of this Code section, established by the county or municipal governing authority against whom complaint has been brought are unreasonable or that traffic laws, ordinances, or regulations established by the state or by any county or municipal governing authority are being primarily enforced for the collection of revenue rather than for purposes of public safety, the Governor shall issue his executive order suspending the power of such local governing authority to enforce

Page 444

traffic laws, ordinances, and regulations on state or federal highways lying within its jurisdiction, or on any particular such highway. In the event that this power is suspended, the Governor shall direct the commissioner of public safety to enforce the traffic laws and regulations on such highways. (e) At intervals of not less than six months, any governing authority affected by subsection (d) of this Code section and by an executive order issued in accordance with subsection (d) of this Code section, may, upon a change of circumstances being shown to the Governor, petition the Governor for reconsideration, whereupon the Governor, in his discretion, may direct the commissioner of public safety or his delegate to inquire into such change of circumstances and report the same to him together with any recommendations for modification of the Governor's previous executive order; and the Governor, in his discretion, may order a new hearing on the matter before the board or may, without hearing, modify or revoke his previous executive order. 42-3-3. (a) There is created a body corporate and politic, to be known as the Georgia Building Authority (Penal), which shall be deemed to be an instrumentality of this state and a public corporation. By such name, style, and title the body may contract and be contracted with, bring and defend actions, implead and be impleaded, and complain and defend in all courts. (b) The authority shall consist of five members, who shall be the Governor, the state auditor, the Lieutenant Governor, the Commissioner of Agriculture, and an appointee of the Governor who is not the Attorney General. The authority shall elect one of its members as chairman and another as vice-chairman, and it shall also elect a secretary and a treasurer who need not necessarily be members of the authority. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all the duties of the authority. The members of the authority shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties.

Page 445

(c) The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in 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. 42-9-14. (a) As used in this Code section, the term `committee' or `removal committee' means the Governor, Lieutenant Governor, and an appointee of the Governor who is not the Attorney General. (b) The removal committee is authorized to promulgate rules and regulations pertaining to the removal for cause of members of the board. (c) Rules and regulations promulgated by the committee may include, but are not restricted to, the procedures to be observed in removing members of the board for cause and determinations as to what conduct by a board member shall be cause for removal. (d) The removal committee is not an agency within the meaning of paragraph (1) of Code Section 50-13-2, and Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall not be applicable to the removal committee. 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 an appointee of the Governor who is not 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 give bond with good security in

Page 446

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. 47-8-2. There is created the Superior Court Judges Retirement Fund of Georgia. The trustees of the fund shall be the Governor, the director of the Fiscal Division of the Department of Administrative Services, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the director of the Fiscal Division of the Department of Administrative Services. 47-9-20. There is created the Superior Court Judges Retirement System, which shall be administered by a board of trustees composed of the Governor, an appointee of the Governor who is not the Attorney General, and the director of the Fiscal Division of the Department of Administrative Services. 47-11-20. (a) There is created the Board of Commissioners of the Judges of the Probate Courts Retirement Fund of Georgia. The board shall consist of six members as follows: (1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Four judges of the probate courts who are members of the fund.

Page 447

(b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such member shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: one such member shall be appointed for one year; one such member shall be appointed for a term of two years; and two such members shall be appointed for terms of three years. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairman from among its own membership to serve for a term as chairman established by rules of the board. Four members of the board shall constitute a quorum for the transaction of business. All members of the board shall serve without compensation but may be reimbursed for travel and other expenses incurred by them in carrying out their duties as members of the board. (d) In the event of a vacancy in the membership of the board appointed by the Governor, the remaining members of the board shall appoint a judge of the probate court who is a member of the fund to fill such vacancy for the unexpired term. (e) The Judges of the Probate Courts Group of the County Officers Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Judges of the Probate Courts Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Judges of the Probate Courts Group. 47-12-21. (a) There is created the District Attorneys Retirement Fund of Georgia.

Page 448

(b) The board of trustees of the fund shall be the Governor, the director of the Fiscal Division of the Department of Administrative Services, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the director of the Fiscal Division of the Department of Administrative Services. 47-13-20. There is created the District Attorneys' Retirement System which shall be administered by a board of trustees composed of the Governor, an appointee of the Governor who is not the Attorney General, and the director of the Fiscal Division of the Department of Administrative Services. 47-14-20. (a) There is created the Board of Commissioners of the Superior Court Clerks' Retirement Fund of Georgia. The board shall consist of seven members as follows: (1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; and (3) Five superior court clerks who shall be members of the fund, provided that at least one but not more than two of such clerks shall be retired clerks receiving retirement benefits pursuant to this chapter. (b) The members of the board provided for by paragraph (3) of subsection (a) of this Code section shall be appointed by the Governor. The first such members shall be appointed by the Governor to take office on July 1, 1984, for initial terms as follows: Two such members shall be appointed for terms of one year; two such members shall be appointed for terms of two years; and one such member shall be appointed for a term of one year. Thereafter, the Governor shall appoint successors upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. Such members shall be eligible for reappointment to successive terms of office as members of the board. (c) The board shall elect a chairman from the clerks serving as members of the board who actively hold office as

Page 449

superior court clerks. The term of the chairman shall be established by rules of the board. (d) If a vacancy occurs in the membership of the board appointed pursuant to subsection (b) of this Code section, the remaining members of the board shall elect a person meeting the qualifications specified by paragraph (3) of subsection (a) of this Code section to fill such vacancy for the unexpired portion of the term. (e) Four members of the board shall constitute a quorum for the transaction of business. (f) All of the members of the board shall serve without pay, but they shall be reimbursed for their actual expenses in attending meetings of the board and performing the duties required of them as members of the board. (g) The Superior Court Clerks' Group of the County Officers' Association of Georgia shall be authorized to submit the names of nominees for each position on the board appointed by the Governor pursuant to this Code section. The Governor may consider the nominees made by said Superior Court Clerks' Group in making such appointments, but it is specifically provided that all such appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to make any appointments from nominees made by said Superior Court Clerks' Group. 47-17-20. (a) In order to carry out this chapter and to perform the duties fixed in it, there is created the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund. The board shall be composed of six members, as follows: (1) The Governor or the Governor's designee; (2) An appointee of the Governor who is not the Attorney General; (3) The Commissioner of Insurance or the Commissioner's designee;

Page 450

(4) A peace officer actively employed by an agency of the state or a retired peace officer who was employed by an agency of the state upon retirement; (5) A peace officer actively employed by a county or a retired peace officer who was employed by a county upon retirement; and (6) A peace officer actively employed by a municipality or a retired peace officer who was employed by a municipality upon retirement. (b) Each of the members provided for under paragraphs (4), (5), and (6) of subsection (a) of this Code section shall be an active member of the fund or a retired peace officer who is a beneficiary of the fund. Each such member shall be appointed by the Governor to take office on July 1, 1984. The initial member appointed pursuant to paragraph (4) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Robert Brown, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be one year. The initial member appointed pursuant to paragraph (5) of subsection (a) of this Code section shall be the successor to incumbent board member, Captain Raymond Purvis, whose regular term of office expires on October 31, 1985, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be two years. The initial member appointed pursuant to paragraph (6) of subsection (a) of this Code section shall be the successor to incumbent board member, Sergeant Terry McAfee, whose regular term of office expires October 31, 1984, and the term of said incumbent member is shortened to expire on June 30, 1984; and the initial term of the successor appointed by the Governor shall be three years. Thereafter, successors to such members shall be appointed by the Governor to take office upon the expiration of the respective terms of office for terms of three years. All such members shall serve until their successors are appointed and qualified. (c) If a vacancy occurs in a position on the board held by one of the members appointed pursuant to subsection

Page 451

(b) of this Code section, the Governor shall fill such vacancy for the unexpired term within 30 days after the date the vacancy occurred. The members of the board shall receive the same expense allowance as that received by members of the General Assembly and the same mileage allowance for the use of a personal automobile as that received by other state officials or employees or a travel allowance of actual transportation costs if traveling by public carrier within the state. Any board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of the member's duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the same mileage allowance for the use of a personal automobile as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. The board, by regulation, shall provide for the submission and approval of expense vouchers in conformity with the requirements of this subsection. (d) The board shall elect from its members a chairman and a vice-chairman. (e) A majority of the members of the board shall constitute a quorum for the purpose of transacting all business that may come before the board. (f) The executive committee of the Peace Officers' Association of Georgia shall submit to the Governor a list of three names for each person to be appointed by the Governor pursuant to subsection (b) of this Code section as a member of the board. In making appointments pursuant to subsection (b) of this Code section, the Governor may consider the names submitted by the executive committee, but it is specifically provided that the appointments shall be at the sole discretion of the Governor, and the Governor shall not be required to choose any appointee from names submitted by the executive committee. 48-2-18.1. (a) There is established a board composed of an appointee of the Governor who is not the Attorney General, the commissioner, and the state auditor, which is authorized to settle and compromise any proposed tax assessment,

Page 452

any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectibility, and the settlement or compromise is in the best interests of the state. A majority of the board shall be empowered to settle and compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise. (b) The board created by this Code section shall be designated the Tax Settlement and Compromise Board. The chairman and administrative officer of the board shall be the commissioner. 50-2-28. (a) The property owned by this state and the sidewalks and streets within the area in the City of Atlanta bounded by Washington Street, Trinity Avenue, Memorial Drive, Capitol Avenue, Central Place, and Martin Luther King, Jr. Drive is designated as the Capitol Square. (b) The state shall have the same control and jurisdiction over the use of the buildings and grounds owned by the state and designated as the Capitol Square as have been authorized by law for the control and supervision of the public property formerly known as the State Capitol Buildings and Grounds. (c) The Governor is authorized and empowered to deed, upon unanimous approval of the Governor, an appointee of the Governor who is not Attorney General, and state auditor, upon such terms and conditions as they may deem to be to the best interests of the state, to the City of Atlanta such part of the grounds owned by the state and facing Capitol Avenue that is deemed necessary and essential to widen and straighten Capitol Avenue at the entrance to Martin Luther King, Jr. Drive, so as to route traffic into Piedmont Avenue, and such other property owned by the state which is essential or necessary to aid in the movement of traffic around the Capitol Square. 50-5-35. (a) The Advisory Board on Space Management is created. The board shall consist of five members: the Secretary of State, chairman; the state auditor; an appointee

Page 453

of the Governor who is not the Attorney General; the Commissioner of Agriculture; and the commissioner of administrative services. (b) The board shall meet on the call of the chairman for the purpose of reviewing formally submitted disagreements by affected agency heads concerning department directed space assignments or reassignments. Such formal submissions shall consist of a fully documented case history supporting the agency's disagreement, shall be signed by the agency head, and shall be forwarded to the commissioner. The commissioner shall refer the formal submissions to the chairman on a timely basis. Following a thorough review, and after reaching a majority opinion, the board shall make recommendations to the Governor as to the disposition of the disagreement. 50-9-3. There is created a body corporate and politic to be known as the Georgia Building Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor, the state auditor, Lieutenant Governor, Commissioner of Agriculture, and an appointee of the Governor who is not the Attorney General. The authority shall elect one of its members as chairman and a secretary and treasurer who need not necessarily be a member of the authority. Three members of the authority shall constitute a quorum. No vacancy on this authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority shall not be entitled to compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article and Article 2 of this chapter nor impair the obligations of any contracts existing under this article and Article 2 of this chapter.

Page 454

50-18-28. (a) It shall be the duty of the publisher to print and bind the reports promptly within the prescribed time limit as set out in the contract. (b) Should there be a delay in the printing or binding beyond the time set out in the contract, the reporter shall declare, upon notice to the publisher, the contract breached and the publisher shall become liable to the state for a sum to be assessed by the reporter, not exceeding $1,000.00 per week for each week that the delay continues. If the delay is flagrant or continued more than 60 days, the reporter may declare the contract ended. The bond given by the publisher shall be liable for any sum assessed. (c) The reporter, prior to declaring the contract breached, shall seek the advice of a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, an appointee of the Governor who is not the Attorney General, the executive counsel, and the legislative counsel. The publisher shall have an opportunity to appear before this panel to explain the reasons for delay and to avoid liability for any sum which might be assessed against him. The panel can decide to provide the publisher an extended time in which to produce the reports or it may declare the publisher liable for a sum assessed by the reporter. The decision of the panel is final. 50-18-29. (a) The publisher, with the approval of the reporter, may choose the most efficient and advantageous method of producing the reports so long as the style and quality of the reports are not compromised by any change in the method of printing and binding the reports. (b) Should the work of printing and binding the reports or any part of them be done improperly, it shall be the duty of the reporter to advise the publisher by written notice of the deficiencies in the reports. The publisher shall have 60 days to make the necessary corrections. In the event the publisher fails to cure the deficiencies, the reporter may declare the contract breached and ended and assess the publisher for any damages the state may realize for the breach. The bond given by the publisher shall be liable for any sum assessed.

Page 455

(c) The reporter may seek, and must seek if requested in writing by the publisher, advice regarding the quality of the reports, such advice to be obtained from a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, an appointee of the Governor who is not the Attorney General, the executive counsel, and the legislative counsel. The publisher and the reporter shall be allowed to appear before the panel and present any material relevant to the quality of the reports. The decision of the panel is final. 50-18-32. (a) In addition to the reports to be furnished to the state as previously provided, the publisher shall produce a sufficient number for sale to the citizens of the state. The publisher shall at all times during his contract keep on hand in the capital city of the state an adequate supply of the reports such publisher has published during that contract period for sale to the citizens of the state and to the state when it so requires. (b) In the event the publisher does not have in stock any report published during the contract period that is needed by the state or any citizen of the state, the reporter shall, upon notice to the publisher, declare the contract breached; and the publisher shall become liable to the state for a sum, to be assessed by the reporter, payable to the state for each week that the report is not available but in no event shall the total of the sum assessed by the reporter exceed the amount of the publisher's bond. In the event of undue delay, the reporter may declare the contract ended. The bond given by the publisher shall be liable for any sum assessed. (c) The reporter, prior to declaring the contract breached, shall seek the advice of a panel composed of the Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, an appointee of the Governor who is not the Attorney General, the executive counsel, and the legislative counsel. The publisher shall have an opportunity to appear before this panel to explain the reason for his failure to have in stock a particular volume and to avoid liability for any sum which may be assessed against him. The panel can decide to provide the publisher an extended period of

Page 456

time to produce the required volumes of reports, or it may declare the publisher liable for a sum assessed by the reporter; and, if the reporter has so requested, it may declare the contract with the publisher ended. In any case, the decision of the panel is final. 50-18-92. (a) There is created the State Records Committee, to be composed of the Governor, the Secretary of State, an appointee of the Governor who is not the Attorney General, and the state auditor, or their designated representatives. It shall be the duty of the committee to review, approve, disapprove, amend, or modify retention schedules submitted by agency heads, school boards, county governments, and municipal governments through the department for the disposition of records based on administrative, legal, fiscal, or historical values. The retention schedules, once approved, shall be authoritative, shall be directive, and shall have the force and effect of law. A retention schedule may be determined by three members of the committee. Retention schedules may be amended by the committee on change of program mission or legislative changes affecting the records. The Secretary of State shall serve as chairman of the committee and shall schedule meetings of the committee as required. Three members shall constitute a quorum. Each agency head has the right of appeal to the committee for actions taken under this Code section. (b) Each court of this state may recommend to the State Records Committee and the Administrative Office of the Courts retention schedules for records of that court. The committee, with the concurrence of the Administrative Office of the Courts, shall adopt retention schedules for court records of each court. The destruction of court records by retention schedule shall not be construed as affecting the status of each court as a court of record. Section 2 . The Official Code of Georgia Annotated is further amended by striking Code Section 21-1-2, relating to summaries of constitutional amendments, and Code Section 50-17-21, relating to the Georgia State Financing and Investment Commission, and inserting, respectively, in lieu thereof new Code sections to read as follows:

Page 457

21-1-2. (a) The summary of general amendments to the Constitution of Georgia prepared by an appointee of the Governor who is not the Attorney General, the legislative counsel, and the Secretary of State pursuant to Article X, Section I, Paragraph II of the Constitution of Georgia shall be printed by the Secretary of State in sufficient quantities to make available a copy of such summary to any interested citizen requesting a copy. In preparing the summary provided by this provision of the Constitution of Georgia, an appointee of the Governor who is not the Attorney General, legislative counsel, and Secretary of State shall provide an explanation of each proposed general amendment to the Constitution of Georgia in language free of legalistic and technical terms, to the end that the summary may be read and understood by the majority of citizens of this state. (b) The Secretary of State shall cause a supply of the summary to be printed as soon as practicable after the summary has been prepared. The quantity of such supply shall be at the discretion of the Secretary of State. Immediately after receiving a supply of the printed summary, the Secretary of State shall prepare a press release stating that a summary of proposed general amendments to the Constitution of Georgia is available for distribution to interested citizens and advising such citizens of the method or methods by which a copy of such summary may be obtained. The Secretary of State shall distribute this press release to print and broadcast media throughout the state and shall actively seek the cooperation of the media in publicizing the fact that a summary of proposed general amendments to the Constitution of Georgia is available to interested citizens and encouraging citizens to obtain a copy of the summary. The Secretary of State shall reissue, at his discretion, this press release from time to time up to the date of the general election at which the proposed general amendments to the Constitution of Georgia shall be submitted to the electorate for approval or rejection. (c) The Secretary of State shall send a supply of the printed summary to the superintendent of elections of each county. The press release provided by subsection (b) of this Code section shall state that the summary is available at the office of each election superintendent. Each election superintendent

Page 458

shall distribute a copy of the summary, as made available by the Secretary of State in his discretion, to any interested citizen on request. The press release shall also state that the summary may be obtained by mail and shall advise citizens how a copy may be so obtained. The Secretary of State shall be authorized to use any additional methods for the distribution of the summary as he may deem necessary to achieve the most effective distribution of the summary to all interested citizens. (d) The Secretary of State is authorized to provide for the preparation of a supply of audio tapes which shall contain the summary of each proposed general amendment to the Constitution as provided in subsection (a) of this Code section, together with a listing of the candidates for each of the state representatives to the United States Congress and the candidates for every public office elected by the electors of the entire state. A sufficient number of the audio tapes may be prepared as will permit the distribution of at least one tape to each of the public libraries within the state for the purpose of providing voting information and assistance to any interested citizen. The Secretary of State may cause a supply of the tapes to be prepared and distributed as soon as practicable after the summary has been prepared and the names of the candidates for each of the public offices to be included are known to be candidates. 50-17-21. As used in this article, the term: (1) `Commission' means the Georgia State Financing and Investment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitution, consisting of the Governor, the President of the Senate, the Speaker of the House of Representatives, the state auditor, an appointee of the Governor who is not the Attorney General, the director of the Fiscal Division of the Department of Administrative Services, and the Commissioner of Agriculture, and declared an agency and instrumentality of the state. (2) `Constitution' means the Constitution of the State of Georgia of 1983. (3) `Financial advisory matters' means all matters pertaining to the issuance of state debt and state authority

Page 459

bonds and the investment of funds created by the issuance of such debt or bonds and the performing of ministerial services in connection with the issuance, marketing, and delivery of all such debt or bonds. Financial advice shall include the development and recommendation to state authorities of a financial plan which will provide state authorities with required funds. (4) `Fiscal officer of the state' means the director of the Fiscal Division of the Department of Administrative Services or such other officer as may be designated by a valid Act of the General Assembly to perform the functions of such director with respect to public debt. (5) `General obligation debt' means obligations of this state issued pursuant to this article to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and those state authorities which were created and activated prior to the amendment to Article VII, Section VI, Paragraph I(a) of the Constitution of 1945, adopted November 8, 1960, for which the full faith, credit, and taxing power of the state are pledged for the payment thereof. `General obligation debt' also means obligations of this state issued to provide educational facilities for county and independent school systems and to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems. `General obligation debt' further means debt incurred to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for water or sewerage facilities or systems. (6) `Guaranteed revenue debt' means revenue obligations issued by an instrumentality of the state pursuant to this article to finance toll bridges, toll roads, and any other land public transportation facilities or systems and water and sewer facilities or to make or purchase, or lend or deposit against the security of, loans to citizens of the state for educational purposes, the payment of which has been guaranteed by the state as provided in this article.

Page 460

(7) `Public debt' means any debt authorized by Article VII, Section IV of the Constitution. (8) `Sinking fund' means the State of Georgia General Obligation Debt Sinking Fund established by this article. (9) `State authorities' means the following instrumentalities of the state: Georgia Building Authority, Georgia Building Authority (Hospital), Georgia Building Authority (Penal), Georgia Building Authority (Markets), Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, State Tollway Authority, Georgia Ports Authority, Georgia Development Authority, Jekyll IslandState Park Authority, Stone Mountain Memorial Association, North Georgia Mountains Authority, Lake Lanier Islands Development Authority, Groveland Lake Development Authority, Georgia Higher Education Assistance Authority, the Georgia Residential Finance Authority, and other instrumentalities of the state created by the General Assembly and authorized to issue debt and not specifically exempt from this article. Section 3 . (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 1988. (b) Section 2 of this Act shall become effective on January 1, 1989; provided, however, that the provisions of Section 2 of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988, general election, which amendment removes the Attorney General as a member of the Georgia State Financing and Investment Commission and the committee which prepares the official summary of all proposed constitutional amendments. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 461

COURTSTHE COUNCIL OF STATE COURT JUDGES OF GEORGIA; THE COUNCIL OF MAGISTRATE COURT JUDGES; CREATION. Code Sections 15-7-26 and 15-10-7 Enacted. No. 1174 (Senate Bill No. 432). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to create The Council of State Court Judges of Georgia and the Council of Magistrate Court Judges; to provide for the composition of both councils; to provide for officers and executive committees of both councils; to provide for the organization and administration of both councils; to provide for the responsibilities of both councils; to provide for the payment of administrative expenses; to provide that the Administrative Office of the Courts shall provide technical services and assistance to The Council of State Court Judges of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section at the end of Article 2 of Chapter 7, relating to judges and solicitors, to be designated Code Section 15-7-26, to read as follows: 15-7-26. (a) There is created a state court judges' council to be known as The Council of State Court Judges of Georgia.' The council shall be composed of the judges, senior judges, and judges emeriti of the state courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a president-elect, a secretary, and a treasurer. The executive committee of said council shall consist of the officers, the immediate past president, and two additional members elected by the council. (b) It shall be the purpose of The Council of State Court Judges of Georgia to effectuate the constitutional and statutory

Page 462

responsibilities conferred upon it by law and to further the improvement of the state courts, the quality and expertise of the judges thereof, and the administration of justice. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. (d) The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements. Section 2 . Said title is further amended by adding a new Code section at the end of Article 1 of Chapter 10, relating to general provisions concerning magistrate courts, to be designated Code Section 15-10-7, to read as follows: 15-10-7. (a) There is created a council of magistrate court judges to be known as the `Council of Magistrate Court Judges.' The council shall be composed of the chief magistrates and magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district. (b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates and magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates and magistrates. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources.

Page 463

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. CRIMINAL PROCEDUREFINES; COMMUNITY SERVICE. Code Section 17-10-1 Amended. No. 1175 (Senate Bill No. 470). AN ACT To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, so as to provide that in cases where the defendant has been punished by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service; to provide for determining the amount of community service required to satisfy a fine; to provide procedures; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of the sentence by a judge in misdemeanor and felony cases generally, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) In any case involving a misdemeanor or a felony in which the defendant has been punished in whole or in part by a fine, the sentencing judge shall be authorized to allow the defendant to satisfy such fine through community service as defined in paragraph (2) of Code Section 42-8-70. One hour of community service shall equal the dollar amount of one hour of paid labor at the minimum wage

Page 464

under the federal Fair Labor Standards Act of 1938, as now or hereafter amended, unless otherwise specified by the sentencing judge. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount of the fine by the federal minimum hourly wage or by the amount specified by the sentencing judge. Prior to or subsequent to sentencing, a defendant may request the court that all or any portion of a fine may be satisfied under this subsection. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. PENAL INSTITUTIONSWARDENS OF COUNTY CORRECTIONAL INSTITUTIONS; POLICE POWERS. Code Section 42-5-35 Amended. No. 1176 (Senate Bill No. 476). AN ACT To amend Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, so as to authorize the commissioner of corrections to confer police powers upon wardens of county correctional institutions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 42-5-35 of the Official Code of Georgia Annotated, relating to the power of the commissioner of corrections to confer police powers on certain persons, is amended

Page 465

by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) 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 wardens of county correctional institutions and upon persons in the commissioner's employment as the commissioner deems necessary, provided that individuals so designated meet the requirements specified in all applicable laws. 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, 1988. EMERGENCY TELEPHONE NUMBER 911 SYSTEMSCELLULAR PHONES; FEES PROHIBITED. Code Section 46-5-132 Enacted. No. 1177 (Senate Bill No. 484). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, so as to provide that it shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency telephone call placed on a 911 emergency telephone system; to provide for applicability; to repeal conflicting laws; and for other purposes.

Page 466

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, is amended by adding at the end thereof a new Code section, to be designated Code Section 46-5-132, to read as follows: 46-5-132. It shall be unlawful for any provider of any cellular radio telecommunications services to assess or charge any fee for an emergency telephone call placed on a 911 emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. AD VALOREM TAXESTAX DEFERRAL FOR THE ELDERLY ACT; ALTERNATIVE TAX DEFERRAL IN COUNTIES OF 550,000 OR MORE. Code Section 48-5-72.1 Enacted. Code Section 48-5-84 Amended. No. 1178 (Senate Bill No. 533). AN ACT To amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the Tax Deferral for the Elderly Act, so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 550,000 or more according to the United States decennial

Page 467

census of 1980 or any future such census; to provide for procedures and requirements relative thereto; to provide for penalties relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the Tax Deferral for the Elderly Act, is amended by inserting immediately following Code Section 48-5-72 a new Code Section 48-5-72.1 to read as follows: 48-5-72.1. (a) As an alternative to the tax deferral authorized by Code Section 48-5-72, any individual aged 62 or older residing within 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 who is entitled to claim a homestead exemption pursuant to Code Section 48-5-44 may elect to defer payment of all or any part of that portion of the ad valorem taxes levied on the individual's homestead which exceeds 4 percent of the individual's gross household income for the immediately preceding calendar year. An application for tax deferral under this Code section shall be filed annually with the tax collector or tax commissioner on or before April 1 of the year for which the deferral is sought. If an individual files for a tax deferral under this Code section, such individual shall not be authorized to file for a tax deferral under Code Section 48-5-72. (b) The amount of the assessed value of the homestead and the amount of gross household income shall not limit the tax deferral authorized by this Code section. However, except for the provisions of Code Section 48-5-72 and paragraph (2) of Code Section 48-5-73, the provisions of this part shall apply to the tax deferral authorized by this Code section. (c) It shall be the burden of each applicant for a deferral under this Code section to demonstrate affirmatively the applicant's compliance with this Code section and other provisions of this part.

Page 468

Section 2 . Said part is further amended by striking subsection (a) of Code Section 48-5-84, relating to penalties, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The following penalties shall be imposed on any person who willfully files information required under Code Sections 48-5-72, 48-5-72.1, and 48-5-78 which is incorrect: (1) The person shall pay the total amount of taxes and interest deferred, which amount shall immediately become due; (2) The person shall be disqualified from filing a homestead tax deferral application for the next three years; and (3) The person shall pay a penalty of 25 percent of the total amount of taxes and interest deferred. Section 3 . This Act shall become effective on January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. WORKERS' COMPENSATIONSUBSEQUENT INJURY TRUST FUND; BOARD OF TRUSTEES. Code Section 34-9-354 Amended. No. 1179 (Senate Bill No. 547). AN ACT To amend Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the

Page 469

Board of Trustees of the Subsequent Injury Trust Fund, so as to provide that the executive director, rather than the secretary-treasurer, of the State Board of Workers' Compensation shall be an ex officio member of such board of trustees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 34-9-354 of the Official Code of Georgia Annotated, relating to the creation and appointment of the Board of Trustees of the Subsequent Injury Trust Fund, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) There is created a Board of Trustees of the Subsequent Injury Trust Fund composed of five members who shall serve for a term of six years each. One member shall be selected from each of the following fields: the insurance industry; rehabilitation professionals; management; labor; and the public at large. The Insurance Commissioner and the executive director of the State Board of Workers' Compensation shall be ex officio members of the board of trustees. The ex officio members shall serve without compensation in an advisory capacity only. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 470

DEPARTMENT OF PUBLIC SAFETYRECORDS; EVIDENCE; PHOTOCOPIES AND COMPUTER PRINTOUTS. Code Section 24-3-17 Enacted. Code Section 40-5-2 Amended. No. 1180 (Senate Bill No. 562). AN ACT To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to certain records to be kept by the Department of Public Safety, so as to provide that in response to a subpoena or upon the request of an appropriate governmental or judicial official, the Department of Public Safety shall provide a duly authenticated copy of any record or other document; to provide that an authenticated copy from the Department of Public Safety may consist of a photocopy or computer printout of the requested document certified by the commissioner or his duly authorized representative; to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions concerning hearsay evidence, so as to provide that a certified copy of any record of the Department of Public Safety or comparable agency in another state is admissible in any judicial proceeding or administrative hearing in the same manner as the original of the record; to provide for the use of certain records of the Department of Public Safety by courts in this state through electronic transmission from the computer data center of such department; 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 certain records to be kept by the Department of Public Safety, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) (1) The commissioner shall designate members of the department to be the official custodians of the records of the department. The custodians may certify copies or

Page 471

compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof. (2) In response to a subpoena or upon the request of any appropriate governmental or judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or computer printout of the requested document certified by the commissioner or his duly authorized representative. Section 2 . Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions concerning hearsay evidence, is amended by adding at the end thereof a new Code Section 24-3-17 to read as follows: 24-3-17. (a) A certified copy of any record of the Department of Public Safety or comparable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record. (b) Where any court or office of the clerk of any court within the state is electronically connected by a terminal device to the computer data center of the Department of Public Safety, such court may receive and use as evidence in any case information obtained by this device from the records of the Department of Public Safety without the need for additional certification of those records. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 472

CRIMES AND OFFENSESFIREARMS; CARRYING; EXEMPTION FOR FULL-TIME OFFICIALS. Code Section 16-11-130 Amended. No. 1181 (Senate Bill No. 586). AN ACT To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, so as to provide that such provisions shall not apply to or affect certain persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to carrying or possessing firearms, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 16-11-130 to read as follows: 16-11-130. (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed full time in the offices listed below or if not full-time employees while engaged in pursuit of official duty or when authorized by federal or state law, regulations, or order: (1) Peace officers; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies

Page 473

thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; (6) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (7) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) Probation supervisors employed by and under the authority of the Department of 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. (b) A prosecution based upon a violation of Code Section 16-11-126, 16-11-127, or 16-11-128 need not negative any exemptions. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988.

Page 474

CHILD ABUSECOUNTY CHILD ABUSE PROTOCOL COMMITTEES; COMPOSITION. Code Section 19-1-1 Amended. No. 1182 (Senate Bill No. 640). AN ACT To amend Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, so as to change the composition of the child abuse protocol committee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-1-1 of the Official Code of Georgia Annotated, relating to child abuse protocol, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee: (A) The office of the sheriff; (B) The county department of family and children's services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; and

Page 475

(I) The office of the chief of police of the largest municipality in the county. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 28, 1988. REVENUE AND TAXATIONINTERNAL REVENUE CODE DEFINED AND INCORPORATED INTO GEORGIA LAW; INCOME TAXES; SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT BENEFITS. Code Section 48-1-2 and 48-7-27 Amended. No. 1184 (House Bill No. 1415). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to revise provisions relating to Georgia taxes; to define the terms Internal Revenue Code and Internal Revenue Code of 1986 and to thereby incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide that for purposes of Georgia income taxation, taxable net income shall not include certain social security benefits and railroad retirement benefits; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Page 476

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows: (14) `Internal Revenue Code' or `Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1988. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1988, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. Section 2 . Said title is further amended in Code Section 48-7-27, relating to taxable net income of individuals, by striking the word and at the end of paragraph (5) of subsection (a), by replacing the period at the end of paragraph (6) of subsection (a) with the symbol and word ; and , and by adding at the end of subsection (a) a new paragraph (7) to describe a deduction in the computation of taxable net income and to read as follows: (7) Social security benefits and tier 1 railroad retirement benefits, to the extent included in federal taxable income. 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 taxable years beginning on or after January 1, 1988. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1988, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.

Page 477

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1988. GEORGIA FOREST FIRE PROTECTION ACTPERMITS FOR BURNING. Code Sections 12-6-90 and 12-6-91 Amended. No. 1185 (House Bill No. 34). AN ACT To amend Part 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Forest Fire Protection Act, so as to require a permit for the burning of any woods, lands, marshes, or other flammable vegetation; to provide procedures and requirements for obtaining such permit; to provide an exception to the permit requirement in the event of a sudden emergency requiring a firing to render one's premises safe; to provide for an exception to the permit requirement to burn residue on cultivated crop land and for notices in connection therewith; to provide that the notice requirement or permit shall be in addition to any other notice or permit or other requirements for burning provided by law or by ordinance, resolution, or regulation of any county or municipality; to provide for penalties; to provide the circumstances under which the owners of forest land may burn over their own land; 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 3 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Forest Fire Protection Act, is amended by striking Code Section

Page 478

12-6-90, relating to notices of intention to burn woods or lands, in its entirety and substituting in lieu thereof a new Code Section 12-6-90 to read as follows: 12-6-90. (a) Except as provided in subsections (b) and (c) of this Code section, any person, firm, corporation, or association lawfully entitled to burn any woods, lands, marshes, or any other flammable vegetation, whether in cultivated or uncultivated areas, shall prior to such burning obtain a permit therefor from the forest ranger of the county wherein such burning is to be made or from another employee of the forestry unit serving such county who is authorized by the chief forester of such unit to grant such permits. An applicant for a permit shall provide the county forest ranger or other authorized employee of the forestry unit serving the county with the location and the recommended time of the proposed burn. Such information may be provided and the permit may be obtained by a telephone call to the county forest ranger or to another authorized employee of the forestry unit serving the county. The permit shall be given by providing the applicant therefor with a permit number which will grant permission for a controlled burn to take place at the location specified by the applicant at a time approved by the county forest ranger or by the other authorized employee of the forestry unit serving the county. (b) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section if a sudden emergency requires a firing in order to render one's premises safe. In any prosecution under this Code section, a necessary firing in a sudden emergency shall constitute an affirmative defense, but the burden of proving such necessity shall rest upon the person asserting it as a defense. (c) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn improved pastures or residue on cultivated crop land if the person, firm, corporation, or association intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the forest ranger of the county wherein such burning is to be made or to an employee of the forestry unit serving such county who is authorized to grant permits under subsection (a) of this Code section.

Page 479

(d) The notice or permit required by this Code section shall be in addition to any other notice or permit or other requirement for burning provided for by law or by ordinance, resolution, or regulation of any county or municipality of this state. (e) Any person who fails to give any notice required by subsection (c) of this Code section or who makes a burn described by subsection (a) of this Code section without obtaining the permit required by said subsection shall be guilty of a misdemeanor. Section 2 . Said part is further amended by striking Code Section 12-6-91, relating to the owners of forest land burning over their own land, in its entirety and substituting in lieu thereof a new Code Section 12-6-91 to read as follows: 12-6-91. Unless prohibited by the director of the State Forestry Commission pursuant to the provisions of Code Section 12-6-17, the owners of any forest land may accomplish controlled burning over their own land when a permit therefor is obtained pursuant to the requirements of Code Section 12-6-90 and the fire is not allowed to spread onto or over the land of another or others. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 480

MOTOR VEHICLES AND TRAFFICCHILD PASSENGER RESTRAINING SYSTEMS; AGE; PUBLIC EDUCATION. Code Section 40-8-76 Amended. No. 1186 (House Bill No. 71). AN ACT To amend Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, so as to change the class of individuals who are covered by the requirement to use child passenger restraining systems; to provide an expanded definition of compliance with the requirement to use such systems; to provide for an exception; to change the date before which the public education program is required and to add to those who may assist in such program; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-76 of the Official Code of Georgia Annotated, relating to safety belts and safety restraints for children in motor vehicles, is amended by striking subsections (b) and (c) thereof and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than one operated for hire, which is registered in this state shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger restraining system is installed and being used in accordance with

Page 481

the manufacturer's directions for such system. However, if the child is three or four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply when the child's personal needs are being attended to. (2) (A) Upon conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $25.00. (B) The provisions of this subsection shall not apply to the driver of a car pool carrying children four years of age or younger to a church or public or private school, unless said church or public or private school is licensed as a day-care center by the Georgia Department of Human Resources and unless such children are being transported to said church or public or private school in a van operated by the church or public or private school. (c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1989. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers' Association of Georgia, the Medical College of Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 482

MASTER THERAPEUTIC RECREATION SPECIALISTSQUALIFICATIONS FOR ADMISSION TO EXAMINATION FOR LICENSE. Code Section 43-41-8 Amended. No. 1188 (House Bill No. 1237). AN ACT To amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, so as to change the provisions relating to educational requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to requirements for admission to examination for license as a master therapeutic recreation specialist, is amended by striking paragraph (2) in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Has a baccalaureate degree from an accredited college or university with a major in therapeutic recreation or a major in recreation and an option or emphasis in therapeutic recreation and seven years of professionally supervised work experience in a therapeutic recreation program and 20 quarter hours or 12 semester credits in therapeutic recreation related topics. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 483

GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCILEXECUTIVE DIRECTOR; PERSONNEL; APPROPRIATIONS. Code Section 35-8-6 Amended. No. 1189 (House Bill No. 1241). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to provide for the appointment of an executive director of the Georgia Peace Officer Standards and Training Council; to provide for the appointment of certain investigators; to provide for the employment of other professional, technical, and clerical personnel; to provide for direct appropriations to the council; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by striking in its entirety Code Section 35-8-6 and inserting in lieu thereof a new Code Section 35-8-6 to read as follows: 35-8-6. (a) The council may appoint an executive director who shall serve at the pleasure of the council. The council shall establish the compensation for the executive director. (b) The executive director may contract for such services as may be necessary and authorized in order to carry out the provisions of this chapter and may employ such other professional, technical, and clerical personnel deemed necessary to carry out the purposes of this chapter. (c) The executive director is authorized to appoint certain investigators with the power of arrest for the purpose

Page 484

of carrying out the provisions of this chapter. Persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers. (d) The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the council and from any other available funds. (e) The council is authorized to accept and use gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter. (f) Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds appropriated to the council; and the funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council for carrying out this chapter. 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 30, 1988.

Page 485

CHIROPRACTORSRECOMMENDING USE OF VITAMINS, MINERALS, AND FOOD SUPPLEMENTS. Code Section 43-9-16 Amended. No. 1190 (House Bill No. 1243). 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 chiropractors by allowing chiropractors to recommend the use of vitamins, minerals, or food supplements but prohibit their selling or receiving profits from the sale thereof; to clarify the right to practice chiropractic; to provide for statutory construction; 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 practice chiropractic as defined in paragraph (2) of Code Section 43-9-1 and 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 486

(c) Chiropractors who have complied with this chapter may utilize those electric therapeutic modalities described in subsection (b) of this Code section, provided the chiropractor shall have completed a course of study containing a minimum of 120 hours of instruction in the proper utilization of those procedures 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.' (i) Chiropractors who have complied with this chapter may recommend the use of vitamins, minerals, or food supplements.

Page 487

Any such recommendation of vitamins, minerals, or food supplements shall not be construed to allow chiropractors to treat patients outside the scope of the practice of chiropractic as set forth in this chapter nor shall this subsection be construed to allow chiropractors to sell at a profit any such vitamins, minerals, or food supplements nor receive any profits from the sale of any such vitamins, minerals, or food supplements so recommended nor shall any chiropractor recommend any such vitamins, minerals, or food supplements without providing their generic name. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. REVENUE AND TAXATIONCOUNTY BOARDS OF EQUALIZATION; SELECTION AND QUALIFICATIONS OF MEMBERS. Code Section 48-5-311 Amended. No. 1191 (House Bill No. 1278). 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 change provisions relating to selection of members of such boards; to provide that persons selected to serve as members must be qualified and competent to serve as grand jurors but need not be on the current grand jury list; 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 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization,

Page 488

is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows: (1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization. Section 2 . Said Code section is further amended by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph to read as follows: (2) The grand jury in each county at any term of court preceding November 1 of each odd-numbered year shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three. If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 489

SUPERIOR COURTSCLERKS; COUNTIES OF FEWER THAN 10,000; CLOSING OFFICE DURING LUNCH; INCLEMENT WEATHER. Code Section 15-6-93 Amended. No. 1192 (House Bill No. 1298). AN ACT To amend Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, so as to exempt from certain provisions of this Code section counties having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census; to provide for the closing of the office of the clerk of superior court during inclement weather under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-93 of the Official Code of Georgia Annotated, relating to hours of operation for superior court clerks' offices, is amended by adding at the end thereof a new subsection (d) and a new subsection (e) to read as follows: (d) In any county of this state having a population of fewer than 10,000 persons according to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices. (e) Nothing in this Code section shall be construed to require the office of the clerk of the superior court to be open if all other county offices are closed because of inclement weather.

Page 490

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 30, 1988. GEORGIA CHARITABLE SOLICITATIONS ACT OF 1988ENACTMENT; REGULATION OF CHARITABLE ORGANIZATIONS AND SOLICITATIONS; FUND RAISERS. Code Title 43, Chapter 17 Revised. No. 1193 (House Bill No. 1324). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to supersede, modernize, and amend the laws relating to charitable organizations, charitable solicitations, professional fund raisers, and professional solicitors; to provide a short title; to provide definitions; to provide for registration of paid solicitors, fundraising counsels, and charitable organizations; to provide for applications, documents, financial statements, fees, accountings, deposits of funds, records, contracts, notices, surety bonds, letters of credit, certificates of deposit, obligations, practices, procedures, and requirements related thereto; to provide for service of process; to provide for refusal, suspension, or revocation of registration; to provide for renewal and amendment of registrations; to regulate charitable sales promotions; to require certain disclosures at the point of solicitation; to provide for exemptions for organizations and transactions; to provide for administration by the Secretary of State; to provide for the powers, duties, compensation, and expenses of the Secretary of State and employees thereof; to provide for rules and regulations; to provide for public and confidential records; to provide for investigations, subpoenas, hearings, and

Page 491

cooperation with other agencies or jurisdictions; to provide for disclosure of information; to prohibit certain acts or practices and provide penalties therefor; to provide for private, administrative, civil, and criminal actions; to provide for venue; to provide for judicial review; to provide for application of certain laws; to provide for immunity of the Secretary of State; to provide for the burden of proving exemptions; to provide for evidence; to provide for applicability of laws; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 17, relating to professional fund raisers and professional solicitors, and inserting in lieu thereof a new Chapter 17 to read as follows: CHAPTER 17 43-17-1. This chapter shall be known and may be cited as the `Georgia Charitable Solicitations Act of 1988.' 43-17-2. As used in this chapter, the term: (1) `Administrator' means the office created in subsection (a) of Code Section 10-1-395. (2) `Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include religious agencies and organizations and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization. (3) `Charitable purpose' means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose

Page 492

for religion, health, education, social welfare, arts and humanities, environment, civic, or public interest; and any purpose which is falsely represented to be a charitable purpose as defined by this paragraph. (4) `Charitable sales promotion' means an advertising or sales campaign, conducted by a commercial coventurer, which represents that the purchase or use of goods or services offered by the commercial coventurer will benefit, in whole or in part, a charitable organization or purpose. (5) `Commercial coventurer' means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion. (6) `Contribution' means the promise or grant of any money or property of any kind or value. (7) `Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (8) `Fund raising counsel' means any person who, for compensation, plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization, but who does not solicit contributions and who does not employ, procure, or engage any compensated person to solicit contributions. A lawyer, accountant, investment counselor, or banker who, solely incidental to his or her profession, renders professional services to a charitable organization, paid solicitor, or fund-raising counsel or advises a person to make a contribution or holds charitable funds subject to an escrow or trust agreement shall not be deemed, as a result of such actions, to be a fundraising

Page 493

counsel. A bona fide salaried officer, employee, or volunteer of a charitable organization shall not be deemed to be a fundraising counsel. (9) `Membership' or `member' means a status by which, for the payment of fees, dues, assessments, and other similar payments, an organization provides services to the payor and confers on the payor a bona fide right, privilege, professional standing, honor, or other direct benefit other than the right to vote, elect officers, or hold offices. The term `membership' or `member' shall not be construed to apply to a person on whom an organization confers a membership solely as a consideration for making a contribution. (10) `Paid solicitor' means a person other than a commercial coventurer or charitable organization who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such compensated person or by any compensated person he employs, procures, or engages, directly or indirectly, to solicit. A paid solicitor shall also include any fundraising counsel who at any time has custody of contributions from a solicitation as defined by this chapter. An attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement shall not be deemed, as the result of such actions, to be a paid solicitor. A bona fide salaried officer, employee, or volunteer of a charitable organization or commercial coventurer shall not be deemed to be a paid solicitor. (11) `Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any unincorporated organization. (12) `Solicitation,' `solicitation of funds,' or `solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer

Page 494

transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' (13) `State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands. 43-17-3. (a) No paid solicitor shall solicit contributions on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 within or from this state, unless he is a registered paid solicitor pursuant to this Code section. (b) A fundraising counsel who at any time has custody of contributions from a charitable solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement. (c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this subsection and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State: (A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state;

Page 495

(C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fundraising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fundraising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; and (H) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative

Page 496

proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings. (3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he shall immediately notify the applicant of such registration. (5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his business address and to any charitable organization who proposes to employ such applicant. (6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information

Page 497

required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00. (e) (1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection. (2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount

Page 498

of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue. (3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue. (4) The stated percentages required by this Code section shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged. (f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed `solicitation notice' on forms prescribed by the Secretary of State. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out. (g) The Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract

Page 499

to determine whether the applicable requirements of this chapter relating to the same are satisfied. The Secretary of State shall notify the paid solicitor of any deficiencies therein. (h) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall be available to the Secretary of State upon request. (i) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account. (j) (1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records: (A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge; (B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation; (C) A record of all contributions at any time in the custody of the paid solicitor; (D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment; (E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and

Page 500

(F) Such other records as may be prescribed by the Secretary of State by rule and regulation. (2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection: (A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and (B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization. (3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. 43-17-4. (a) Except as otherwise provided in this subsection, no applicant shall be registered as a paid solicitor under this chapter nor shall any such registration be renewed until the applicant files with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the bond required of a paid solicitor

Page 501

shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability. (b) The requirement for filing of such bond by an applicant for registration or renewal of registration as a paid solicitor shall not be applicable if the applicant for registration or renewal of registration as a paid solicitor has deposited in trust with the Secretary of State: (1) A certificate of deposit or letter of credit evidencing a deposit with a financial institution satisfactory to the Secretary of State in the amount of $10,000.00 payable to the applicant and assigned to the Secretary of State; (2) An irrevocable letter of credit addressed to the Secretary of State in the amount of $10,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this chapter; or (3) Obligations of the United States, an agency thereof, or the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $10,000.00. (c) Such deposits shall be held for the benefit of all persons to whom the applicant is liable for damages under this chapter for a period of two years after such applicant's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. Such deposits shall not be released except upon application to and the written order of the Secretary of State. The Secretary of State shall have no liability for any such release of any deposit or part thereof made by him in good faith. The Secretary of State may designate any regularly

Page 502

constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the Secretary of State a proper trust and safekeeping receipt upon which the Secretary of State shall give an official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, bring an action for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the Secretary of State, a letter of credit or securities of the kinds specified in subsection (b) of this Code section of equivalent or greater value. No judgment creditor or other claimant of the applicant shall levy upon any deposit held pursuant to this Code section or upon any part thereof, except as specified in this subsection. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the Secretary of State of such alleged liability and of the amount of damages claimed, after which notice the Secretary of State shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided in subsection (d) of this Code section, a sufficient amount of the deposit to pay the judgment in the action. (d) In the event that the applicant prevails in such action and in the event that such deposits have been held by the Secretary of State for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. If a judgment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter and the applicant has not paid the judgment within ten days of the date the judgment became

Page 503

final or if the applicant petitions the Supreme Court of the United States to take certiorari jurisdiction over such action and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then such person may petition the Superior Court of Fulton County for an order directing the Secretary of State to reduce such deposit or a portion thereof sufficient to pay the judgment to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicant's registration, the Secretary of State shall pay such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against the applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the Secretary of State has notice, in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, in which case the Secretary of State shall hold or dispose of such residue in accordance with the provisions of this subsection relating to the holding or disposing of the entire deposit. If more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgments, in the order in which the judgment creditors petitioned the Superior Court of Fulton County. (e) Anything in this Code section to the contrary notwithstanding, the Secretary of State shall comply with any order of a Georgia or United States court of competent jurisdiction to turn over any deposit held by him pursuant to subsection (a) of this Code section or the proceeds from any bond held by him pursuant to subsection (a) of this Code section to a trustee or receiver for the use and sole benefit of persons on whose behalf the Secretary of State holds such deposit or proceeds. 43-17-5. (a) It shall be unlawful for any person to solicit or accept charitable contributions from any person in

Page 504

this state unless the charitable organization on whose behalf such contributions are being solicited is: (1) Subject to an effective registration statement under this chapter; or (2) Is exempt from registration pursuant to Code Section 43-17-9. (b) (1) Every charitable organization, except those exempt from registration pursuant to Code Section 43-17-9, which intends to solicit in this state or have contributions solicited in this state on its behalfby other charitable organizations, commercial coventurers, or paid solicitors shall, prior to any solicitation, file a registration statement with the Secretary of State upon a form prescribed by the Secretary of State. No charitable organization required to be registered under this Code section shall solicit prior to registration. (2) A registration statement shall be signed by an authorized executive officer of the charitable organization and shall contain the following information: (A) The name under which the charitable organization intends to solicit contributions; (B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors; (C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor; (D) The general purposes for which the charitable organization is organized; (E) The purposes for which the contributions to be solicited will be used;

Page 505

(F) The period of time during which the solicitation will be made; (G) The method of solicitation; and (H) Such other information as the Secretary of State may require. (3) There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the Secretary of State in actions against such applicant in the manner and form provided in Code Section 43-17-18. (4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. (5) Every charitable organization registered with the Secretary of State shall file with the Secretary of State copies of any federal or state tax exemption determination letters received after the initial registration within 30 days after receipt and shall file any amendments to its organizational instrument within 30 days after adoption. (6) The Secretary of State may waive the furnishing of any information required by this subsection and may require such additional information as to the previous

Page 506

history, records, or association of the applicant, general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. (7) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a charitable organization unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a charitable organization, he shall immediately notify the applicant of such registration. (8) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at its business address and to any paid solicitor who proposes to solicit contributions on behalf of the charitable organization. (9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with

Page 507

generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (10) The registration of a charitable organization shall be promptly amended to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation. (c) The fee for the initial registration of a charitable organization shall be $25.00. The fee for filing amendments to the registration shall be $15.00. The annual renewal fee for a charitable organization shall be $10.00. (d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly to the charitable organization, the date and amount of the contribution, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited contributions. All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. 43-17-6. (a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable

Page 508

organization and the commercial coventurer and it shall include, at a minimum, the following: (1) The goods or services to be offered to the public; (2) The geographic area where, and the starting and final date when, the offering will be made; (3) The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization; (4) If applicable, the maximum dollar amount that will benefit the charitable organization; (5) The estimated number of units of goods or services to be sold or used; (6) A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made; (7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and (8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization. (b) The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date. (c) All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not

Page 509

disclose this information except to the extent necessary for investigative or law enforcement purposes. 43-17-7. (a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person: (1) Has filed an application for registration with the Secretary of State 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 failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any 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 Secretary of State finds: (A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath,

Page 510

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 solicitation of contributions for a charitable organization; or (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (5) Is permenently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected. (b) The Secretary of State may not begin a proceeding on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration. (c) If the Secretary of State finds that an applicant or registered person is no longer in existence; has ceased to

Page 511

do business as a paid solicitor or charitable organization; is adjudicated mentally incompetent or subjected to the control of a committee, conservator, or guardian; or cannot be located after reasonable search, the Secretary of State, by order, may deny the application or revoke the registration. (d) The Secretary of State may at any time require a charitable organization or paid solicitor to file with him a financial statement showing its financial condition as of the most recent practicable date, but such financial statement need not be certified. 43-17-8. Every charitable organization or paid solicitor registered under this Code section and soliciting in this state shall include the following disclosures at the point of solicitation: (1) The name and location of the paid solicitor; (2) The name and location of the charitable organization for which the solicitation is being made; (3) That the following information will be made available upon request: (A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and (B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and (4) In the case of a telephone solicitation, the location of the caller. 43-17-9. (a) The following persons are exempt from the provisions of Code Sections 43-17-3, 43-17-4, 43-17-5, 43-17-6, and 43-17-8:

Page 512

(1) Nonprofit educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution; (2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public; (3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons for their services and is confined to their membership or to persons within the county in which such organization is located; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; (5) Any charitable organization whose total gross revenue is less than $15,000.00 per calendar year or which is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) and Internal Revenue Code section 6033(a)(2)(C)(i); (6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; or (7) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions. (b) Local community organizations or local fundraising campaign managers affiliated with or acting for a state-wide

Page 513

parent organization by contract or agreement need not register separately with the Secretary of State. The single registration of the state-wide parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5. (c) National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. (d) Charitable organizations which do not solicit or receive contributions from the general public other than through affiliated organizations registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. (e) The Secretary of State is authorized to exempt, by rule, regulation, or order, such entities and organizations from the registration provisions of Code Section 43-17-5 as he deems necessary and appropriate in the public interest. 43-17-10. (a) The administration of this chapter shall be vested in the Secretary of State. (b) The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under

Page 514

this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to assisting those administrators in the enforcement of such laws and to achieving maximum uniformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. (c) The Secretary of State is authorized to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him may require. The Secretary of State is also authorized to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (d) The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, necessary for the administration and enforcement of this chapter. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (e) The Secretary of State or any persons employed by him shall be paid, in addition to their regular compensation, the transportation fare, board,lodging, and other traveling expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (f) The Secretary of State may delegate such of his powers and duties under this chapter as he desires to a division director in his office. (g) The Secretary of State may designate filing depositories for all records required to be filed and maintained under this chapter. Such records may be maintained in original form or by means of microfilm, microfiche, microphotographic reproduction, photographic reproduction, word processing, computerization, or other acceptable reproductive methods. (h) Except as provided in subsection (i) of this Code section, information and documents filed with or obtained

Page 515

by the Secretary of State are public information and are available for public examination. (i) The following information and documents do not constitute public information under subsection (h) of this Code section and shall be confidential: (1) Information or documents obtained by the Secretary of State in connection with an investigation under Code Section 43-17-11; and (2) Any document or record specifically designated as confidential in accordance with this chapter or the rules and regulations promulgated under this chapter. 43-17-11. (a) The Secretary of State, in enforcing this chapter, may: (1) 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; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated; and (3) 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 Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigation, to require the attendance of witnesses, to require the production of books, records, and papers,and to take the depositions of witnesses. For such purposes the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence. Such subpoena may be served by registered or certified

Page 516

mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State 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 Secretary of State in the same manner that other expenses of the Secretary of State are paid. (2) The Secretary of State may issue and apply to enforce subpoenas in this state at the request of the administrator of the charitable solicitation laws 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 Secretary of State, 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) In addition to any other hearings and investigations which the Secretary of State is authorized or required by this chapter to hold, the Secretary of State 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 a person designated by the Secretary of State for that purpose and may, but need not be, transcribed by the Secretary of State or by any other interested party. No formal action may be taken as a result of such investigative hearings, but the Secretary of State 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. (e) The Secretary of State may cooperate with the administrator of Part 2 of Article 15 of Chapter 1 of Title 10,

Page 517

known as the `Fair Business Practices Act of 1975,' in enforcing the provisions of this chapter. Said cooperation includes, but is not limited to, making a joint examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging information and documents; and disclosing information and documents obtained in connection with an investigation. When the administrator has initiated a civil or administrative proceeding in connection with a joint investigation under this subsection he may publish information concerning any violation of this chapter of Part 2 of Article 15 of Chapter 1 of Title 10, known as the `Fair Business Practices Act of 1975.' (f) To encourage uniform interpretation and administration of this chapter and effective regulation and enforcement, the Secretary of State may cooperate with state law enforcement or regulatory agencies and agencies or administrators of one or more states, Canadian provinces or territories, another country, appropriate federal agencies, any national or international organization of officials or agencies, and any governmental law enforcement or regulatory agency. Such cooperation includes, but is not limited to, making a joint registration examination or investigation; holding joint administrative hearings; filing and prosecuting a joint civil or administrative proceeding; sharing and exchanging personnel; sharing and exchanging information and documents; and disclosing 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 local, state, or federal law enforcement or regulatory agency and the receiving agency presents that, under the applicable law, protections exist to preserve the integrity, confidentiality, and security of the information. 43-17-12. (a) It shall be unlawful for any person to solicit or accept charitable contributions in violation of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter. (b) It shall be unlawful for any person who is registered as, or making application for registration as, a paid solicitor

Page 518

or charitable organization or is an affiliate of such registrant or applicant to knowingly cause to be made, in any document filed with the Secretary of State 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. (c) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly: (1) To utilize any representation that implies the contribution is for or on behalf of a charitable organization or to utilize any emblem, device, or printed matter belonging to or associated with a charitable organization, without first being authorized in writing to do so by the charitable organization; (2) To utilize a name, symbol, or statement so closely related or similar to that used by another charitable organization that the use thereof would tend to confuse or mislead a solicited person; (3) To misrepresent to or mislead anyone in any manner to believe that any other person sponsors, endorses, or approves such solicitation or charitable sales promotion when such other person has not given consent in writing to the use of his name for these purposes; (4) To utilize or exploit the fact of registration so as to lead any person to believe that such registration in any manner constitutes an endorsement or approval by the state; (5) To represent directly or by implication that a charitable organization will receive a fixed or estimated percentage of the gross revenue from a solicitation campaign greater than that identified in filings with the Secretary of State pursuant to this Code section; (6) To represent that tickets to events will be donated for use by another, unless the paid solicitor shall

Page 519

have commitments, in writing, from charitable organizations stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; or (7) To represent that any part of the contributions received will be given or donated to any other charitable organization unless such organization has consented in writing to the use of its name prior to the solicitation. (d) It shall be unlawful for any person in connection with the planning, conduct, or execution of any charitable solicitation or charitable sales promotion, directly or indirectly: (1) To employ a device, scheme, or artifice to defraud; (2) 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 misrepresent or mislead anyone in any manner to believe that the person on whose behalf a solicitation or charitable sales promotion is being conducted is a charitable organization or that the proceeds of such solicitation or charitable sales promotion will be used for charitable purposes if such is not the fact; or (4) To misappropriate, convert, illegally withhold, or fail to account for any charitable contributions solicited by, or on behalf of, any charitable organization required to be registered pursuant to this chapter. 43-17-13. (a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the Secretary of State may, at his discretion, act under any or all of the following paragraphs and may: (1) Impose administrative sanctions as provided in this paragraph:

Page 520

(A) Subject to notice and opportunity for hearing in accordance with Code Section 43-17-16, unless the right to notice is waived by the person against whom the sanction is imposed, the Secretary of State may: (i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as a paid solicitor; (iii) Bar or suspend the person from association with a paid solicitor or charitable organization; or (iv) Issue an order against a paid solicitor 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 Secretary of State revokes the registration of a charitable organization or paid solicitor or bars a person from association with a charitable organization or paid solicitor 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 Secretary of State of one or more sanctions under this paragraph with respect to a specific violation precludes the Secretary of State 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

Page 521

subparagraph (A) of this paragraph, the Secretary of State shall consider, among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of this chapter or a rule promulgated under this chapter or an order of the Secretary of State, 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 Secretary of State that a person has violated this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, 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 contributors; (v) An order of disgorgement; (vi) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (vii) Other relief as the court deems just and equitable; (B) May, upon a showing by the Secretary of State that the defendant is about to violate this chapter, a rule promulgated under this chapter, or an order of the Secretary of State, issue:

Page 522

(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; (C) In determining the appropriate relief to grant, shall consider enforcement action taken and sanctions imposed by the Secretary of State under paragraph (1) of this subsection in connection with the transaction or transactions constituting a violation of this chapter, a rule promulgated under this chapter, or an order of the Secretary of State; or (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his individual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. (c) In any action brought under subsection (a) of this Code section, the court, upon application of the state, may appoint a receiver for the assets of the defendant where it has been established: (1) That the defendant has engaged in a pattern of willful violations of this chapter which has resulted in substantial actual damage to citizens of this state;

Page 523

(2) That the defendant is outside this state or is actually removing or about to remove himself or his property outside the limits of this state or conceals himself or his property; or (3) That the appointment of the receiver is necessary to preserve the assets of the defendant for the benefit of citizens of the state damaged by the defendant's violations of this chapter. (d) When a receiver is appointed by the court pursuant to this chapter, he shall have the power to bring an action for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, derived by any means in violation of this chapter, including property with which such property has been mingled. He shall have the power to sell, convey, and assign the same and to hold and dispose of the proceeds thereof under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings. 43-17-14. (a) Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and attorney's fees may be awarded in cases of intentional violations of this chapter.

Page 524

(b) Any person entitled to bring an action under this chapter may institute a class action pursuant to Code Section 9-11-23 for the recovery of damages. 43-17-15. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the charitable organization's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or any books, records, documents, or other material or objects which were used in furtherance of the violation. 43-17-16. (a) Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person and if such person is a paid solicitor to the charitable organization who employs or proposes to employ such person, a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the Secretary of State or a person designated by the Secretary of State. (b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by registered or certified mail, return receipt requested, to the addressee's business mailing address. Such notice shall state: (1) The order which has been issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.

Page 525

(c) Whenever a person requests a hearing in accordance with this Code section, there shall immediately be set a date, time, and place for such hearing and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 43-17-7, the date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the charitable organization and the persons requesting the hearing. (d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearing, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting the hearing or upon his own initiative, to issue a subpoena for any witness or a subpoena for production of documentary evidence to compel the production of any books, records, or papers. The subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State 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 Secretary of State in the same manner that other expenses of the Secretary of State are paid. (e) (1) At any hearing conducted under this Code section, a party or any affected person may appear in his own behalf or may be represented by an attorney. (2) A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the persons requesting the hearing shall agree that such a stenographic record of the testimony shall not be taken. (3) The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time

Page 526

make objections to any such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of the hearing. (f) (1) In the case of any hearing conducted under this Code section, the Secretary of State may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are granted in this Code section to the Secretary of State. (2) The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the Secretary of State may require. (3) In any case where a hearing is conducted by a referee, the referee shall submit to the Secretary of State a written report including the transcript of the testimony and evidence (if such transcript is requested by the Secretary of State), the findings of fact and conclusions of law, and a recommendation of action to be taken by the Secretary of State. Within five days of the time of submission thereof to the Secretary of State, a copy of such written report and recommendations shall be served upon the person who requested the hearing or his attorney or other representative of record by registered or certified mail. That person or his attorney, within ten days of service of the copy of such written report and recommendations, may file with the Secretary of State written objections to the report and recommendations which shall be considered by the Secretary of State before a final order is entered. (4) No recommendation of the referee shall be approved, modified, or disapproved by the Secretary of State until after ten days after service of such report and recommendations as provided in this subsection. (5) The recommendations of the referee may be approved, modified, or disapproved by the Secretary of State. The Secretary of State may direct his referee to take additional testimony or to permit the introduction of further documentary evidence.

Page 527

(6) In any hearing conducted by a referee, a transcript of testimony, evidence, and objections, if any, shall have the same force and effect as if such hearing or hearings had been conducted by the Secretary of State. (7) All recommendations of the referee shall be advisory only and shall not have the effect of an order of the Secretary of State. (g) If the Secretary of State does not receive a request for a hearing within the prescribed time, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall: (1) Set forth his findings with respect to the matters involved; and (2) Enter an order in accordance with his findings. 43-17-17. (a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating: (1) The order from which the appeal is taken; (2) The ground upon which a reversal or modification of the order is sought; and (3) A demand for a certified transcript of the record of the order. (b) Upon receipt of the notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant, within five days after receipt of the transcript.

Page 528

shall file such transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal and transcript of the record shall constitute appellant's complaint. The complaint shall thereupon be entered on the trial calendar of the court. (c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his further action in the matter, including the making and entering of an order or orders in connection therewith and the conditions, limitations, or restrictions to be therein contained. 43-17-18. Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be commenced against the person executing such consent in any court of competent jurisdiction and proper venue within this state by the service of process or pleadings upon the Secretary of State. Service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by registered or certified mail to the persons against whom such process or pleadings are directed at his latest address on file in the office of the Secretary of State. 43-17-19. Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' Nothing contained in this chapter shall be construed to limit the authority of the administrator to take any action under the `Fair Business Practices Act of 1975' regarding unfair and deceptive acts or practices in a solicitation or in solicitations. 43-17-20. For any action taken or any proceeding had under this chapter or under color of law, the Secretary of

Page 529

State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. 43-17-21. (a) In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception 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. (c) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his office and of any of his records shall be admissible with the same effect as the original of such documents or records would have if actually produced. (d) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, 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. 43-17-22. Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence of the commission of a crime or violation of this chapter, notwithstanding any subsequent amendment to this chapter, unless the General Assembly shall specifically declare otherwise, except that no civil or criminal proceeding shall be instituted after the lapse of the appropriate period of limitations which was in effect at the time the cause of action arose or the alleged commission of the crime occurred. 43-17-23. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor.

Page 530

(b) Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one nor more than five years, or both. (c) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. PROFESSIONS AND BUSINESSESLICENSING AND EXAMINING BOARDS FOR HEALTH CARE PROFESSIONS CONTINUED. Code Section 26-4-41 Amended. Code Title 43 Amended. No. 1194 (House Bill No. 1349). AN ACT To exercise the authority of the General Assembly under Chapter 2 of Title 43 of the Official Code of Georgia Annotated, The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies, so as to amend Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, so as 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; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the continuation of the Georgia Board of Chiropractice Examiners, the Georgia Board of Dentistry, the Georgia

Page 531

Board of Nursing, the Georgia Board of Examiners of Licensed Practical Nurses, the State Board of Examiners in Optometry, the Composite State Board of Medical Examiners, and the State Board of Podiatry Examiners, but provide for the later termination of those boards 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 . Code Section 26-4-41 of the Official Code of Georgia Annotated, providing for the termination of the State Board of Pharmacy, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 26-4-41. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Pharmacy shall be terminated on July 1, 1994, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Code Section 43-9-20, providing for the termination of the Georgia Board of Chiropractic Examiners, and inserting in its place a new Code section to read as follows: 43-9-20. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Chiropractic Examiners shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3 . Said title is further amended by striking Code Section 43-11-23, providing for the termination of the Georgia Board of Dentistry, and inserting in its place a new Code section to read as follows: 43-11-23. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment,

Page 532

or Termination of Regulatory Agencies,' the Georgia Board of Dentistry shall be terminated on July 1, 1994, 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 4 . Said title is further amended by striking Code Section 43-26-13, providing for the termination of the Georgia Board of Nursing, and inserting in its place a new Code section to read as follows: 43-26-13. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Nursing shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 5 . Said title is further amended by striking Code Section 43-26-39, providing for the termination of the Georgia Board of Examiners of Licensed Practical Nurses, and inserting in its place a new Code section to read as follows: 43-26-39. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Practical Nurses shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 6 . Said title is further amended by striking Code Section 43-30-15, providing for the termination of the State Board of Examiners in Optometry, and inserting in its place a new Code section to read as follows: 43-30-15. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Examiners in Optometry shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.

Page 533

Section 7 . Said title is further amended by striking Code Section 43-34-2, providing for the termination of the Composite State Board of Medical Examiners, and inserting in its place a new Code section to read as follows: 43-34-2. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Composite State Board of Medical Examiners shall be terminated on July 1, 1994, 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 . Said title is further amended by striking Code Section 43-35-14, providing for the termination of the State Board of Podiatry Examiners, and inserting in its place a new Code section to read as follows: 43-35-14. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Podiatry Examiners shall be terminated on July 1, 1994, 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 March 30, 1988.

Page 534

INTEREST AND USURYTRANSACTIONS OF $250,000.00 OR MORE; WRITTEN CONTRACTS. Code Section 7-4-2 Amended. No. 1195 (House Bill No. 1416). AN ACT To amend Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, so as to provide that the rate of interest established by written contract on transactions of $250,000.00 or more may be expressed in simple interest terms or otherwise; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 7-4-2 of the Official Code of Georgia Annotated, relating to interest and usury, is amended by striking paragraph (1) of subsection (a) of said Code section in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) (A) The legal rate of interest shall be 7 percent per annum simple interest where the rate percent is not established by written contract. Notwithstanding the provisions of other laws to the contrary, except Code Section 7-4-18, the parties may establish by written contract any rate of interest, expressed in simple interest terms as of the date of the evidence of the indebtedness, and charges and any manner of repayment, prepayment, or, subject to the provisions of paragraph (1) of subsection (b) of this Code section, acceleration, where the principal amount involved is more than $3,000.00 but less than $250,000.00 or where the lender or creditor has committed to lend, advance, or forbear with respect to any loan, advance, or forbearance to enforce the collection of more than $3,000.00 but less than $250,000.00. (B) Where the principal amount is $250,000.00 or more, or the lender or creditor has committed to lend,

Page 535

advance, or forbear with respect to any loan, advance, or forbearance to enforce the collection of $250,000.00 or more, the parties may establish by written contract any rate of interest, expressed in simple interest terms or otherwise, and charges to be paid by the borrower or debtor. (C) Nothing contained in this subsection shall be construed to prohibit the computation and collection of interest at a variable rate or on a negative amortization basis or on an equity participation basis or on an appreciation basis. 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 30, 1988. WORKERS' COMPENSATIONAPPEALS FROM DECISIONS OF STATE BOARD OF WORKERS' COMPENSATION TO SUPERIOR COURT; TIME. Code Section 34-9-105 Amended. No. 1196 (House Bill No. 1438). AN ACT To amend Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, so as to provide that an appeal taken from a decision of the State Board of Workers' Compensation to a superior court shall be heard by such court within 60 days from the date the appeal is filed or the decision of the board shall be considered affirmed

Page 536

by the court; to provide an exception; to provide for editorial changes; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 3 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to hearings of and appeals from the State Board of Workers' Compensation, is amended by striking Code Section 34-9-105, relating to the procedure for appeal from a decision of the board, in its entirety and inserting in its place a new Code Section 34-9-105 to read as follows: 34-9-105. (a) Any award of the administrative law judge provided for in Code Section 34-9-102 for which no timely application for review has been filed or any award of the members of the board upon such review as provided in Code Section 34-9-103 shall, in either event, as the case may be, and subject to the other provisions of this chapter, be a final award and shall be conclusive and binding as to all questions of fact. (b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Any party conceiving himself aggrieved may file an application in writing with the board asking for an appeal from any final decision of the board and stating generally the grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then

Page 537

be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days from the date the appeal is filed, the decision by the board shall be considered affirmed by the court unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date the appeal is filed because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. (c) The findings made by the members within their powers shall, in the absence of fraud, be conclusive; but upon such hearing the court shall set aside the decision if it is found that: (1) The members acted without or in excess of their powers; (2) The decision was procured by fraud; (3) The facts found by the members do not support the decision; (4) There is not sufficient competent evidence in the record to warrant the members making the decision; or (5) The decision is contrary to law. (d) No decision of the board shall be set aside by the court upon any grounds other than one or more of the grounds stated above. If not set aside upon one or more of the grounds or, if the hearing is not held and a decision rendered within the time provided in subsection (b) of this Code section, the court shall affirm the decision of the board so appealed from. Upon the setting aside of any such decision of the board, the court may recommit the controversy to the board for further hearing or proceedings in conformity with the judgment and opinion of the court; or such court may enter the

Page 538

proper judgment upon the findings, as the nature of the case may demand. Such decree of the court shall have the same effect and all proceedings in relation thereto shall, subject to the other provisions of this chapter, thereafter be the same as though rendered in an action heard and determined by the court. (e) Any party in interest who is aggrieved by a judgment entered by the superior court upon an appeal from a decision of the board to the superior court may have such judgment reviewed by the Court of Appeals within the time and in the manner provided by law. In case of an appeal from the decision of the board, the appeal shall operate as a supersedeas if the employer has complied with the provisions of this chapter respecting insurance; and no such employer shall be required to make payment of the award involved in the questions made in the case so appealed until such questions at issue therein shall have been fully determined in accordance with this chapter. Section 2 . This Act shall become effective on July 1, 1988, and shall apply to all awards or decisions of the administrative law judges or members of the State Board of Workers' Compensation issued on or after July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 539

MUNICIPAL CORPORATIONSCITY BUSINESS IMPROVEMENT DISTRICTS; MUNICIPALITY REDEFINED. Code Section 36-43-3 Amended. No. 1197 (House Bill No. 1442). AN ACT To amend Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, so as to change the definition of a municipality; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-43-3 of the Official Code of Georgia Annotated, relating to definitions regarding city business improvement districts, is amended by striking paragraph (3) and inserting in its place a new paragraph (3) to read as follows: (3) `Municipality' means any municipal corporation located wholly within this state. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 540

SCHOOL BUSESSPEED LIMITS. Code Section 40-6-160 Amended. No. 1198 (House Bill No. 1443). AN ACT To amend Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, so as to provide for a speed limit when school children are being transported to or from an event or school activity and children are not being loaded or unloaded during such transportation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-6-160 of the Official Code of Georgia Annotated, relating to speed limits for school buses, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 40-6-160 to read as follows: 40-6-160. (a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful to operate: (1) A school bus transporting school children to and from school or to and from school activities at a speed greater than 40 miles per hour on a public road other than one which is a part of a National System of Interstate and Defense Highways; (2) A school bus transporting school children to and from school or to and from school activities on a public road which is a part of a National System of Interstate and Defense Highways at a speed greater than 55 miles per hour. (b) When a school bus is transporting school children to or from an event or school activity or an express bus transporting students from one school to another school and

Page 541

is not loading or unloading children during such transportation, the speed limit shall be 55 miles per hour on other public roads as well as on those public roads which are a part of the National System of Interstate and Defense Highways. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. GAME AND FISHRED DRUM; SPOTTED SEA TROUT; MINIMUM SIZE. Code Section 27-4-11 Amended. No. 1199 (House Bill No. 1460). AN ACT To amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish in general, so as to change provisions relating to minimum size limits for the taking and possession of certain species of fish; to amend an Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulating the taking of certain species of fish, so as to delete provisions relating to the automatic repeal of certain provisions relating to certain species; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to fish in general, is amended by striking subsections (f) and (g) of Code Section 27-4-11, relating to size limits, and inserting in their place new subsections to read as follows:

Page 542

(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 except that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for red drum. (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 except that on and after July 1, 1990, this subsection shall cease to be effective and there shall be no minimum size limit for spotted sea trout. Section 2 . An Act approved March 31, 1986 (Ga. L. 1986, p. 504), which Act amended said article by regulating the taking of certain species of fish, is amended by repealing in its entirety Section 4 which reads as follows: Section 4. Paragraph (4) of Code Section 27-4-10 (relating to creel and possession limits) and subsections (f) and (g) of Code Section 27-4-11 (relating to size limits) shall stand repealed in their entirety on June 30, 1988. 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 30, 1988.

Page 543

SALES AND USE TAXESJOINT COUNTY AND MUNICIPAL SALES AND USE TAX; RATE; SPECIAL PURPOSE COUNTY SALES AND USE TAX. Code Section 48-8-82.1 Enacted. Code Section 48-8-122 Amended. No. 1200 (House Bill No. 1472). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to authorize an increase in the rate of joint county and municipal sales and use taxation under certain circumstances; to change certain provisions relating to the repeal of Article 3 of said chapter, relating to special purpose county sales and use taxation, upon the effective date of an increase in the rate of state sales and use taxation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by adding after Code Section 48-8-82 a new Code Section 48-8-82.1 to read as follows: 48-8-82.1. Notwithstanding any other contrary provision of this chapter, if the tax authorized by this article is in effect in the special district coterminous with a county and if no other local sales or sales and use tax is in effect in such county, then the rate of tax imposed under this article may be increased one time from 1 percent to 2 percent for a period of one year if such increase is approved by the concurrent action of the governing authority of the county and the governing authorities of all qualified municipalities in the county, provided that the resolution or ordinance of each such governing authority must be adopted within a period of 30 days beginning on the date of adoption of the first such resolution or ordinance. Such increased tax rate

Page 544

shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the necessary resolution or ordinance by all such governing authorities. The proceeds of the increased tax shall be divided in the same proportions as the original tax. Upon the termination of the one-year period the tax rate shall revert to 1 percent. Section 2 . Said chapter is further amended by striking Code Section 48-8-122 which reads as follows: 48-8-122. This article shall be repealed upon the date on which an Act or constitutional amendment increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent becomes effective. No county shall on or after such date adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date, and proceedings commenced prior to such date for the imposition of taxes under this article, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article., and inserting in its place a new Code section to read as follows: 48-8-122. This article shall be repealed upon the first day of July of the calendar year following the calendar year during which an Act increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is approved by the Governor or becomes law without such approval. Likewise, this article shall be repealed upon the first day of July of the calendar year following the calendar year during which any proposed amendment to the Constitution increasing the current 3 percent state sales and use tax to a rate in excess of 3 percent is adopted by the General Assembly for submission to the voters. On and after the effective date of any such automatic repeal no county shall adopt any resolution or ordinance calling for the imposition of the tax authorized by this article. With respect to taxes imposed under this article prior to such date of repeal, and with respect to proceedings for the imposition of taxes under this article which

Page 545

proceedings are commenced prior to such date of repeal, the provisions of this article shall continue to control until such previously imposed taxes, previously commenced proceedings, and taxes resulting from such previously commenced proceedings are terminated according to the provisions of this article. 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 30, 1988. STATE MEDICAL EDUCATION BOARDEXECUTIVE DIRECTOR. Code Section 20-3-511 Amended. No. 1201 (House Bill No. 1483). AN ACT To amend Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, so as to abolish the office of secretary of that board and authorize that board to employ instead an executive director and to provide for the duties, responsibilities, and compensation of the executive director; to provide for a bond; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 20-3-511 of the Official Code of Georgia Annotated, providing for the secretary of the State Medical Education Board, is amended by striking that Code section

Page 546

and inserting in its place a new Code section to read as follows: 20-3-511. (a) The State Medical Education Board may employ an executive director who shall serve at the pleasure of the State Medical Education Board. The executive director shall carry out the duties and responsibilities prescribed by the State Medical Education Board. The executive director shall keep the records and minutes of the proceedings of the State Medical Education Board and the books, records, and accounts of the State Medical Education Board. The executive director's compensation shall be fixed by the State Medical Education Board. The executive director shall also be the treasurer of the State Medical Education Board and shall keep an account for all the funds of the State Medical Education Board. The executive director, as treasurer, shall execute and file with the State Medical Education Board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of duties and properly accounting for all funds coming into said officer's hands as executive director and treasurer. The premium on such bond shall be paid out of the funds of the State Medical Education Board. (b) The State Medical Education Board may employ clerical assistance as is required and their compensation shall be fixed by the State Medical Education Board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 547

ANATOMICAL GIFTSDOCUMENTS; WITNESSES. Code Section 44-5-145 Amended. No. 1202 (House Bill No. 1528). AN ACT To amend Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to eliminate the requirement that certain documents making anatomical gifts be signed by two witnesses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 44-5-145 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by striking subsection (b) thereof in its entirety and inserting in lieu thereof 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. 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 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 548

SHERIFFSFEES. Code Section 15-16-21 Amended. No. 1203 (House Bill No. 1530). AN ACT To amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, so as to change certain fees for the services of sheriffs in certain cases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs' services and the disposition of such fees, is amended by striking paragraphs (11) and (12) of subsection (b) of said Code section and inserting in lieu thereof new paragraphs (11) and (12) to read as follows: (11) Serving process against tenant over or intruder upon land to dispossess them 20.00 (12) For dispossessing tenant or intruder 20.00 Section 2 . Said Code section is further amended by striking paragraph (6) of subsection (c) thereof and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant.....20.00

Page 549

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. GRAND JURIESLISTS OF PERSONS WHO HINDER, OBSTRUCT, OR INTERFERE WITH A SHERIFF, CONSTABLE, OR OTHER OFFICER. Code Section 15-12-77 Repealed. No. 1204 (House Bill No. 1531). AN ACT To amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to grand juries, so as to repeal the provisions relating to investigation and presentment of a list of persons who hinder, obstruct, or interfere with a sheriff, constable, or other officer to the grand jury of the county and the penalty for failure of an officer to make such report; 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 general provisions relative to grand juries, is amended by striking Code Section 15-12-77, relating to investigations and presentment of a list to the grand jury, which reads as follows: 15-12-77. (a) Whenever any person hinders, obstructs, or interferes with the sheriff, or constable, or other officer, as prohibited in Code Section 16-10-24, the officer so interfered with shall make out a list of the persons so

Page 550

offending and shall present the same to the grand jury of the county having jurisdiction at the next term of the superior court thereof, together with all information necessary to acquaint the grand jury with the details of the transaction. It shall be the duty of the grand jury to investigate the facts and make presentment of the matters and things referred to in this Code section in all cases where lawless conduct has so hindered or interfered with the order or sentence of any court in the county. The clerk of the superior court shall immediately transmit a copy of such presentments to the Governor. (b) Any sheriff, constable, or other officer who fails to comply with the duty imposed by subsection (a) of this Code section to make out a list of persons who have hindered, obstructed, or interfered with such officer, as prohibited by Code Section 16-10-24, and to present the same to the grand jury at the next term of the superior court, together with all the information necessary to acquaint the grand jury with the details of the transaction, may be suspended and his office declared vacant by the Governor whenever it appears from the presentments of the grand jury that the offense defined in such Code section has been committed in the county and that no report thereof has been made by the sheriff, constable, or other officer, as the case may be., and inserting in lieu thereof the following: 15-12-77. Reserved. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 551

WAYCROSS JUDICIAL CIRCUITTERMS. Code Section 15-6-3 Amended. No. 1205 (House Bill No. 1540). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, so as to change the terms of court for the superior courts of the Waycross Judicial Circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by striking paragraph (41) in its entirety and substituting in lieu thereof a new paragraph (41) to read as follows: (41) Waycross Circuit: (A) Bacon CountyThird Monday in April and second Monday in October. (B) Brantley CountyFourth Monday in January and second Monday in Septermber. (C) Charlton CountyFourth Monday in February and September. (D) Coffee CountyThird Monday in March and October. (E) Pierce CountyFirst Monday in May and first Monday in December. (F) Ware CountyFirst Monday in April and second Monday in November.

Page 552

Section 2 . This Act shall become effective on January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. GAME AND FISHAMERICAN SHAD; HICKORY SHAD; CREEL AND POSSESSION LIMITS; OGEECHEE RIVER. Code Section 27-4-10 Amended. No. 1206 (House Bill No. 1611). AN ACT To amend Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, so as to change certain provisions regarding limits applicable to American shad or Hickory shad; 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 . Code Section 27-4-10 of the Official Code of Georgia Annotated, relating to creel and possession limits, is amended by adding a new paragraph immediately following paragraph (11), to be designated paragraph (11.1), to read as follows: (11.1) (A) Notwithstanding the provisions of paragraph (11) of this Code section to the contrary, two of any one or a combination of the following species if taken from the Ogeechee River: (i) American shad; (ii) Hickory shad;

Page 553

(B) This paragraph shall stand repealed in its entirety on July 1, 1993; . 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 30, 1988. PSYCHOLOGISTSLICENSES; QUALIFICATIONS. Code Section 43-39-8 Amended. No. 1207 (House Bill No. 1619). AN ACT To amend Code Section 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, so as to change certain license 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 43-39-8 of the Official Code of Georgia Annotated, relating to application for license to practice psychology, is amended by striking paragraph (3) of subsection (b) in its entirety and inserting in its place a new paragraph (3) to read as follows: (3) Has had at least two years of experience in psychology of a type considered by the board to be qualifying in nature; .

Page 554

Section 2 . This Act shall become effective July 1, 1991. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. STATE PROPERTIES COMMISSIONACQUISITION RELATED SERVICES. Code Section 50-16-34 Amended. No. 1208 (House Bill No. 1626). AN ACT To amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, so as to authorize the commission to provide or perform acquisition related services to or for state agencies, state authorities, and other instrumentalities 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 50-16-34 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Properties Commission generally, is amended by striking from the end of paragraph (15) the word and, by striking the period from the end of paragraph (16) and substituting in lieu thereof ; and, and by adding a new paragraph (17) to read as follows: (17) Provide or perform acquisition related services to or for state agencies, state authorities, and other instrumentalities of the state.

Page 555

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 30, 1988. COUNTY SURVEYORSQUALIFICATIONS. Code Section 36-7-2 Amended. No. 1209 (House Bill No. 1675). AN ACT To amend Code Section 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualification, commissioning, and removal of county surveyors, so as to change the application of certain qualifications for county surveyors; 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 36-7-2 of the Official Code of Georgia Annotated, relating to the election, qualification, commissioning, and removal of county surveyors, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (b) to read as follows: (2) Paragraph (1) of this subsection shall not apply to: (A) Any county having a population of less than 17,000 inhabitants according to the United States decennial census of 1960 or any future such census; or

Page 556

(B) Any person who was holding the position of county surveyor in such a county on January 1, 1977, and who has acted continuously as county surveyor since that date, for as long as such person remains in the position of county surveyor, notwithstanding the fact that the population of the county has grown to exceed 17,000. 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 30, 1988. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITYDOMED STADIUM; POWERS; BONDS. Code Title 10, Chapter 9 Amended. Code Sections 50-7-40 and 50-7-41 Enacted. No. 1210 (House Bill No. 1691). AN ACT To amend Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Act, so as to provide for the development of trade, commerce, industry, and employment opportunities in the state through the acquisition, construction, and operation of a stadium suitable for multipurpose use in connection with the operation of the Geo. L. Smith II Georgia World Congress Center and to provide for the financing of such project; to redefine the term cost of the project so as to include certain additional costs within the meaning of such term; to redefine the term project to include within the definition of such term coliseums and stadiums suitable for multipurpose use, including athletic events; to restate the corporate purposes of the Geo. L. Smith II Georgia

Page 557

World Congress Center Authority so as to include therein the exercise of its corporate powers with respect to such project; to authorize the authority to contract with users of the project on terms convenient to the authority, including the requirement that such users indemnify and hold the authority harmless in connection with such use; to authorize the authority to issue revenue bonds for certain of its purposes; to provide for the form, denomination, and other terms of the revenue bonds issued by the authority; to authorize the authority to establish the manner, price, and terms of sale; to limit the use of proceeds of revenue bonds; to authorize interim revenue certificates or bonds; to authorize the replacement of revenue bonds; to authorize the authority to issue revenue bonds in a single issue or in series; to authorize the authority to lease or to convey the right of access to or use of facilities acquired by revenue bonds and to contract with any lessee or other entity for the management of such facilities; to provide that the revenue bonds shall not constitute a debt of the state or its political subdivisions and shall be enforceable against the authority only to the extent of rents, revenues, earnings, and other funds pledged as security therefor; to authorize contracts between the authority and any county, municipal corporation, political subdivision, public corporation, or public authority relating to the project; to provide for security for revenue bonds issued by the authority; to authorize payment of the proceeds of revenue bonds issued by the authority to a trustee; to establish rights and remedies of revenue bondholders; to authorize the authority to use the financial advisory and construction related services of the Georgia State Financing and Investment Commission; to provide that the provisions of Chapter 22 of Title 50 shall be applicable to the project as redefined; to provide for refunding bonds; to authorize investment in and acceptance of revenue bonds of the authority by public officers and bodies and regulated institutions and industries; to provide for validation procedures; to declare the findings of the General Assembly that the activities of the authority are for public purposes; to provide for actions against the authority concerning revenue bonds issued by it; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, so as to authorize the Department of Industry and Trade with the approval of the State Properties Commission to acquire land for the purpose of constructing certain projects; to authorize the Department of Industry and Trade to lease land acquired for certain projects

Page 558

to the Geo. L. Smith II Georgia World Congress Center Authority; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to the Geo. L. Smith II Georgia World Congress Center Act, is amended by striking Code Section 10-9-3, relating to definitions pertaining to the Geo. L. Smith II World Congress Center, which reads as follows: 10-9-3. As used in this chapter, the term: (1) `Authority' means the Geo. L. Smith II Georgia World Congress Center Authority. (2) `Cost of the project' means the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of general obligation bonds issued by the State of Georgia or such other bonds or obligations as may be issued by any authority or agency of the State of Georgia. (3) `Project' means a comprehensive international trade and convention center and meeting facility with exhibit space capable of handling large trade groups; a

Page 559

Georgia Hall to be a world showcase for displaying exhibits of Georgia's counties, municipalities, industries, and attractions and to promote the agricultural, historical, recreational, and natural resources of the State of Georgia; individual meeting rooms with simultaneous translation facilities for several languages; and other related facilities for cultural, political, musical, educational, and other events, including, without limitation, refreshment stands and restaurants and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionaires, licensees, or lessees, or otherwise; and parking facilities and parking areas in connection therewith. The project shall be located in the City of Atlanta and will be known as the `Geo. L. Smith II Georgia World Congress Center.' As used in this chapter, the project described by the term `Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and may be referred to as the `Georgia World Congress Center.' and inserting in lieu thereof a new Code section to read as follows: 10-9-3. As used in this chapter, the term: (1) `Authority' means the Geo. L. Smith II Georgia World Congres Center Authority. (2) `Cost of the project' includes: (A) All costs of construction, purchase, or other form of acquisition; (B) All costs of real or personal property required for the purposes of such project and of all facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, water rights, fees, permits, approvals, licenses, and certificates and the security of such franchises, permits, approvals, licenses, and certificates and the preparation of application therefor; (C) All machinery, equipment, furnishings, and fixtures required for such project;

Page 560

(D) Financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of such project in operation; (E) Costs of engineering, architectural, and legal services; (F) Fees paid to fiscal agents for financial and other advice or supervision; (G) Cost of plans and specifications and all expenses necessary or incidental to the construction, purchase, or acquisition of the completed project or to determine the feasibility or practicability of the project; (H) Fees paid pursuant to the `Georgia Allocation System' established by Article 8 of Chapter 82 of Title 36; (I) Fees for letters of credit, bond insurance, debt service or debt service reserve insurance, surety bonds, or similar credit enhancement instruments; (J) Administrative expenses and such other expenses as may be necessary or incidental to the financing authorized in this chapter; (K) The repayment of any loans made for the advance payment of any part of such cost, including the interest thereon; and (L) A fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority with respect to the financing and operation of its projects and as may be authorized by any bond resolution or trust agreement or indenture pursuant to the provisions of which the issuance of any such bonds may be authorized. Any obligation or expense incurred for any of the purposes set forth in subparagraphs (A) through (L) of this paragraph

Page 561

shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds or notes issued under this chapter. (3) `Project' means a comprehensive international trade and convention center suitable for multipurpose use for housing trade shows, conventions, cultural, political, musical, educational, entertainment, athletic, or other events; for displaying exhibits of Georgia's counties, municipalities, industries, and attractions; and for promoting the agricultural, historical, natural, and recreational resources of the State of Georgia, including all facilities necessary or convenient to such purpose, regardless of whether such facilities are contiguous, including, by way of illustration and not limitation, the follwoing facilities: exhibit halls; auditoriums; theatres; stadiums or coliseums and related athletic fields, courts or other surfaces, and clubhouses and gymnasiums; restaurants and other facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods and services of all kinds, whether operated or purveyed directly or indirectly through concessionnaires, licensees or lessees, or otherwise; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; meeting room facilities, including meeting rooms providing for simultaneous translation capabilities for several languages; related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to the foregoing; and extension, addition, and improvement of such facilities. The project shall be located in the City of Atlanta and shall be known as the `Geo. L. Smith II Georgia World Congress Center,' except that any facility included within the project may be otherwise designated by the authority. As used in this chapter, the project described by the term `Geo. L. Smith II Georgia World Congress Center' shall include the same project formerly known as and referred to as the `Georgia World Congress Center' and the authority may be referred to as the `Georgia World Congress Center Authority.' Section 2 . Said chapter is further amended by striking Code Section 10-9-4 which reads as follows:

Page 562

10-9-4. The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs; (4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve and use, and to sell, convey, exchange, transfer, lease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority; (8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes; (9) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be

Page 563

permitted under the Constitution and laws of the State of Georgia; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and (12) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority., and inserting in lieu thereof a new Code Section 10-9-4 to read as follows: 10-9-4. (a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the Department of Industry and Trade or others and engaging in such other activities as it deems appropriate to promote trade shows, conventions, political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state. (b) The authority shall have the following powers: (1) To bring actions, complain, and implead in any judicial, administrative, arbitration, or other action or proceeding and, to the extent permitted by law, to have actions brought against it, to be impleaded, and to defend in such proceedings; (2) To have a seal and alter the same at its pleasure; (3) To make and alter bylaws, rules, and regulations, not inconsistent with law, for the administration and regulation of its business and affairs;

Page 564

(4) To elect, appoint, or hire officers, employees, and other agents of the authority, including experts and fiscal agents, define their duties, and fix their compensation; (5) To acquire, by purchase, gift, lease, or otherwise and to own, hold, improve, and use and to sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (6) To make all contracts and to execute all instruments necessary or convenient to its purposes; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof; the State of Georgia, its departments, agencies, or authorities; or any county or municipality of this state, upon the terms and conditions as may be imposed thereon to the extent the terms and conditions are not inconsistent with the limitation and laws of this state and are otherwise within the power of the authority; (8) To exercise the power of eminent domain and acquire by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes; (9) To borrow money for any of its corporate purposes and to provide for the payment of same, as may be permitted under the Constitution and the laws of the State of Georgia; (10) To issue revenue bonds as is more fully provided for in this chapter; (11) To contract with the state and its departments or any county, municipal corporation, political subdivision, public corporation, or public authority with respect to activities, services, or facilities the contracting parties are authorized by law to undertake or provide;

Page 565

(12) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and the laws of the State of Georgia; (13) To do all things necessary or convenient to carry out the powers expressly given in this chapter; and (14) Said authority shall comply with all applicable state budgetary processes and procedures as relate to compensation of employees of the authority. (15) The term `stadium' means a fully enclosed, climate controlled, multipurpose sports exhibition hall in which public participation in financing shall not exceed 30 per cent of the cost of the project, including the purchase of land, construction of the stadium, and the operation thereof. Section 3 . Said chapter is further amended by striking Code Section 10-9-14, relating to fixing rentals and fees, and inserting in lieu thereof a new Code Section 10-9-14 to read as follows: 10-9-14. (a) The board of governors of the authority is authorized to fix rentals, fees, prices, and other charges which any user, exhibitor, concessionaire, franchisee, or vendor shall pay to the authority for the use of the project or part thereof or combination thereof, and for the goods and services provided by the authority in connection with such use, as the authority may deem necessary or appropriate to provide in connection with such use, and to charge and collect the same. Such rentals, fees, prices, and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to be reasonably expected to provide a fund sufficient with other revenues of such project and funds available to the authority, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at such project.

Page 566

(b) The authority may establish the terms and conditions upon which any lessee, sublessee, licensee, user, exhibitor, concessionnaire, franchisee, or vendor shall be authorized to use the project as the authority may determine necessary or appropriate. The authority may by contract require any such person or entity to indemnify and hold harmless the authority and its officers, agents, or employees from the claims for personal injury or property damage or loss of such person or others employed by or admitted to the project or any of its facilities by such person arising out of or in connection with such use of the project from any cause, including negligence of the authority, its officers, agents, or employees, notwithstanding any other provision of law, including but not limited to subsection (b) of Code Section 13-8-2. Section 4 . Said chapter is further amended by adding at the end thereof a new Article 3 to read as follows: ARTICLE 3 10-9-40. The authority shall have the power and is authorized at one time or from time to time to provide by one or more authorizing resolutions for the issuance of revenue bonds, but the authority shall not have the power to incur indebtedness under this article in excess of the cumulative principal sum of $200 million but excluding from such limit bonds issued for the purpose of refunding bonds which have been previously issued. The authority shall have the power to issue such revenue bonds and to use the proceeds thereof for the purpose of paying all or part of the costs of the project to the extent but only to the extent the costs are incurred for the following facilities: multipurpose stadiums or coliseums and related athletic fields, courts, or surfaces, and clubhouses and gymnasiums; facilities for the purveying of goods and services within such stadiums or coliseums; parking facilities and parking areas in connection therewith; facilities deemed necessary or convenient within the structure of such stadiums or coliseums; and related lands, buildings, structures, fixtures, equipment, and personalty appurtenant or convenient to such facilities and the extension, addition, or improvement of such facilities, which facilities are to be operated as part of the project, as such facilities shall be designated in the resolution of the board of governors of the authority authorizing the issuance of such bonds.

Page 567

10-9-41. (a) The revenue bonds of each issue shall be dated, shall bear interest, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of revenue bonds. (b) The authority shall determine the form of the revenue bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the revenue bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. 10-9-42. In case any officer whose signature or facsimile signature appears on any revenue bonds ceases to be an officer before the delivery of the revenue bonds, the signature or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until the delivery. All such revenue bonds shall be signed by or bear the facsimile signature of the chairman or vice chairman of the board of governors of the authority, and the official seal of the authority shall be affixed thereto and attested by or bear the facsimile signature of the secretary or assistant secretary of the authority; and any bond may be signed, sealed, and attested on behalf of the authority by any such persons as at the actual time of the execution of the revenue bonds shall be duly authorized or hold the proper office, although at the date of the issuance of the revenue bonds such person may not have been so authorized or shall not have held such office. The facsimile signature of any officer of the authority may be imprinted in lieu of manual signature if the authority so directs. 10-9-43. The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state. 10-9-44. The authority may sell the revenue bonds in such manner at public or private sale and for such price,

Page 568

rate of interest, and other terms as it may determine to be in the best interest of the authority. The rate of interest may be a fixed or variable rate, but if the rate is a variable rate, a maximum per annum rate of interest shall be specified in the authorizing resolution and in the validation proceeding. 10-9-45. The proceeds of the revenue bonds shall be used solely for the payment of the cost of the facilities designated by the resolution authorizing the issuance of such revenue bonds. The resolution authorizing the issuance of revenue bonds may provide that the proceeds thereof shall be disbursed upon requisition or order of the chairman of the authority or other designated officer of the authority under such restrictions, if any, as the resolution authorizing the issuance of the revenue bonds or the trust indenture may provide. If the proceeds of the revenue bonds, by error of calculation or otherwise, shall be less than the cost of the facility or combined facilities, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, additional revenue bonds may in like manner be issued to provide the amount of the deficit which, unless otherwise provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the revenue bonds first issued for the same purpose. If the proceeds of the revenue bonds of any issue shall exceed the amount required for the purpose for which such revenue bonds are issued, the surplus shall be used for one or more of the following purposes: (1) Payment into the fund provided in Code Section 10-9-51 for the payment of principal and interest of such revenue bonds; or (2) For the purchase of such revenue bonds in the open market. 10-9-46. Prior to the preparation of definitive revenue bonds, the authority may, under like restrictions, issue interim revenue receipts, interim revenue certificates, or temporary revenue bonds exchangeable for definitive revenue bonds upon the issuance of the latter.

Page 569

10-9-47. The authority may also provide for the replacement of any revenue bond which becomes mutilated or is destroyed or lost upon receipt of such indemnification as it may deem appropriate. 10-9-48. The 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 article and Article 1 of this chapter. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of paying the cost of any one or more, including a combination of, facilities described in Code Section 10-9-40 and in the resolution authorizing the issuance of such bonds. Any resolution providing for the issuance of revenue bonds under this article shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the board of governors of the authority. 10-9-49. (a) The authority shall be authorized to lease the facilities financed by the issuance of revenue bonds as authorized by this article to one or more persons, firms, private corporations, authorities, counties, municipal corporations, public corporations, public authorities, or other political subdivisions of this state under one or more leases covering all or such separately identified portions of the facilities as the authority may determine appropriate. The term of any such lease shall be for not more than 50 years from the date on which construction of the facilities shall be substantially complete and the lease shall not provide for any extension or renewal of the term. The lease or leases shall require the lessee or lessees to pay rentals in an aggregate amount which, together with other revenues, earnings, and funds available to the authority for such purposes, are at least sufficient to pay the principal, interest, premiums, discounts, fees, costs, or expenses payable by the authority on or with respect to all of the revenue bonds and other obligations issued by the authority for the purpose of financing such facilities covered by such lease or leases as such principal, interest, premiums, discounts, fees, costs, or expenses shall become due and may otherwise require the lessee or lessees to indemnify and hold harmless the authority of and

Page 570

from the payment of such principal, interest, premium, discount, fees, costs, or expenses with respect to the revenue bonds. The obligation of the lessee or lessees to the authority shall be secured in such manner as the authority shall determine appropriate. The lease or leases may provide that the authority may be subrogated to and may at its election upon such terms as may be set forth in such lease or leases enforce all contracts or rights of action of such lessee or lessees relating to or arising out of the operation of the facilities covered by such lease or leases. Any such lease or leases shall contain such other terms and conditions as the authority may determine appropriate. (b) Any such lease may require that the lessee shall contract with the authority for the management and operation of the facilities by the authority upon such terms as the authority may deem reasonable and appropriate. The authority may in any event contract with the lessee or lessees for the management and operation of the facilities covered by such lease or leases. No such contract with the authority by any lessee shall operate to extinguish any lease or to merge the authority's separate rights, interests, or obligations under its separate contracts. (c) As used in this article, `lease' includes a lease or sublease and may, in the discretion of the authority, be in form and substance an estate for years, usufruct, license, concession, or any other right or privilege to use or occupy. The term `lessee' includes lessee or sublessee, tenant, licensee, concessionnaire, or other person contracting for such estate, interest, right, or privilege. (d) In the exercise of its powers under this chapter, including the powers under this article, the authority may contract with any public entity which shall include the state or any institution, department, or other agency thereof or any county, municipality, school district, or other political subdivision of the state or with any other public agency, public corporation, or public authority, for joint services, for the provision of services, or for the joint or separate use of facilities or equipment with respect to such activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.

Page 571

(e) Pursuant to any such contract, in connection with any facility authorized under this article, the authority may undertake such facility or provide such services or facilities of the authority, in whole or in part, to or for the benefit of the public entity contracting with the authority with respect to those activities, services, or facilities which the contracting public entity is authorized by the Constitution and law to provide, including, but not limited to, those set forth in Article IX, Section III, Paragraph I of the Constitution and Chapter 61 of Title 36, and any such contracting public entity is authorized to undertake to pay the authority for such activities, services, or facilities such amounts and upon such terms as the parties may determine. (f) The state and each institution, department, or other agency thereof or each county, municipality, school district, or other political subdivision of this state and each public agency, public corporation, or public authority is authorized to contract with the authority in connection with any activity, service, or facility which such public entity is otherwise authorized to provide to obtain the performance of such activity or provision of such services or facilities through the authority. (g) In connection with its operations, the authority may similarly obtain from, and each public entity may provide, such activities services or facilities which the authority is authorized to provide. (h) Except as provided by Article VII, Section IV, Paragraph IV of the Constitution, any such contract authorized by this Code section or the revenues derived therefrom may be designated as security for revenue bonds issued under this article. 10-9-50. (a) (1) Revenue bonds issued under the authority of this article shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state or of any city or county of the state. The bonds shall be enforceable against the authority only to the extent of, and only against funds derived from, the rents, revenues, earnings, and funds:

Page 572

(A) Payable to the authority by the lessee or lessees and received by the authority from the lessee or lessees under the lease or leases by the authority of the facilities acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds; (B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds; (C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated as security for such bonds; and (D) As may otherwise be designated as security for such bonds which are derived from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities. The bonds shall be payable solely from the rents, revenues, earnings, and funds described in this paragraph, except that the bonds may, in addition and in the discretion of the authority, be paid in part by the authority from any other source of funds lawfully available to the authority for that purpose. The authority shall not be obligated in any way, however, to make any payments from any such other source of funds. (2) The issuance of the revenue bonds shall not directly or indirectly or contingently obligate the state, or city or county of the state to continue or to levy or pledge any form of taxation whatsoever therefor or to continue or make any appropriation for the payment thereof. Revenue bonds issued under the authority of this article shall not be payable from or a charge upon any funds other than those pledged to the payment thereof nor shall the authority be otherwise directly or indirectly subject to any pecuniary liability thereon. Except as provided in this article, a holder or holders of any such revenue bonds,

Page 573

directly or through any trustee or receiver, shall not have the right to enforce payment thereof against the authority or any property of or any right of action of or against the authority nor shall any such revenue bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of or any right of action of or against the authority. (b) Notice of the limitations of this Code section shall be set forth on the face of the revenue bonds which shall further provide that the obligations of the authority thereunder are limited by the provisions of this article. 10-9-51. (a) Subject to the limitations set forth in this chapter, the authority shall be authorized to provide, directly or through lessees of the project, such security for revenue bonds issued by it as it may determine appropriate. (b) (1) Without limitation of the provisions of subsection (a) of this Code section, in the discretion of the authority, any issue of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside the state. The trust indenture may pledge or assign rents, revenues, earnings, and funds received by the authority: (A) Payable to the authority by the lessee or lessees and received by the authority from the lessee or lessees under the lease or leases by the authority of the facilities acquired with the proceeds of such revenue bonds described in the resolutions authorizing the issuance of such revenue bonds; (B) Payable to the authority under such contracts as may be entered into in accordance with Code Section 10-9-49, relating to the facilities acquired by the proceeds of the revenue bonds or the use thereof or services provided through such facilities, which are designated as security for the revenue bonds; (C) Payable to the authority under such other contracts or agreements relating to the facilities acquired by the proceeds of the revenue bonds as may be designated as security for such bonds; and

Page 574

(D) As may otherwise be designated as security for such bonds which are derived from or in connection with the facilities acquired by the proceeds of the revenue bonds or the use thereof or the services provided through such facilities. (2) Either the resolution providing for the issuance of the revenue bonds or the trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property; the construction of the project; the maintenance, operation, repair, and insurance of the project; and the custody, safeguarding, manner of disbursements, and application of all moneys and may also provide that any facility shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority. The resolution or the trust indenture may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. The indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing revenue bonds and debentures of corporations. (c) The resolution or trust indenture may provide that the rents, revenues, earnings, and funds which are designated as security for the revenue bonds shall be set aside into a sinking fund, which sinking fund shall be pledged to and charged with the payment of: (1) The interest upon the revenue bonds as the interest falls due; (2) The principal of the bonds as the same falls due; (3) The necessary charges of paying agents for paying principal and interest;

Page 575

(4) Any premium upon bonds retired by call or purchase as provided in this article; and (5) Any fees, costs, or expenses payable under the revenue bonds or trust indentures. (d) The use and disposition of the sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in the resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the resolution authorizing the issuance of the revenue bonds or in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of such revenue bonds; and any such bonds so purchased or redeemed shall immediately be canceled and shall not again be issued. 10-9-52. Any holder of revenue bonds or interest coupons thereon issued under this article, any receiver for such holders, or any indenture trustee, if there is any, except to the extent the rights given in this article may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may either at law or in equity, by action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the state or granted under this article or under such resolution or trust indenture and may enforce and compel performance of all duties required by this article or by such resolution or trust indenture to be performed by the authority or any officer thereof. In the event of default upon the principal and interest or other obligations of any revenue bond issue, any such holder, receiver, or indenture trustee shall be subrogated to each and every right of collecting rentals, revenues, earnigns, or funds by the authority which the authority may possess under contracts designated as security therefor, and, in the pursuit of its remedies as subrogee, may proceed either at law or in equity by action, mandamus, or other proceedings to collect any sums by such proceeding due and owing to the authority and pledged or partially pledged to the benefit of the revenue bond issue. No individual, receiver, or indenture trustee thereof shall have the right to compel any exercise of the

Page 576

taxing power of the state to pay any such revenue bond or the interest thereon or otherwise to enforce the payment thereof against the state or the authority or any property of the state or authority, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon the property of the state or authority except the rents, revenues, earnings, and funds designated as security for the revenue bonds. In addition to the foregoing, the resolution or trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders subject to the limitations otherwise stated in this article. All expenses incurred in carrying out the trust indenture may be treated as a part of the cost of the project affected by the indenture. 10-9-53. The authority may, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who shall act as trustee or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes set forth in or through this article, subject to such regulations as this article and Article 1 of this chapter as the resolution or trust indenture may provide. 10-9-54. The authority shall be authorized to utilize the financial advisory and construction related services of the Georgia State Financing and Investment Commission with respect to the issuance of revenue bonds and the investment and disposition of the proceeds thereof and the acquisition, design, planning, and construction of the facilities designated in the resolution authorizing the issuance of the revenue bonds. The reimbursement by the authority of the commission for services provided by the commission shall be considered as part of the costs of the project. Chapter 22 of Title 50 shall be applicable to the selection of persons to provide professional services for any project or any portion thereof constructed in whole or in part with any proceeds from the sale of revenue bonds authorized by this article. 10-9-55. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds

Page 577

issued under this article and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, and 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 article insofar as the same may be applicable. 10-9-56. The revenue bonds authorized by this article are made securities in which all public officers and bodies of this state and all municipalities and all political subdivisions of this state; 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, financial institutions, and other persons carrying on a banking business; all administrators, guardians, executors, trustees, and other fiduciaries; and all other persons who are 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 revenue bonds are also made securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions of this state for any purpose for which the deposit of the bonds or other obligations of this state may be authorized. 10-9-57. (a) Revenue bonds of the authority shall be confirmed and validated in accordance with the procedures of Article 3 of Chapter 82 of Title 36, the `Revenue Bond Law.' The revenue bonds and any security therefor when validated and the judgment of validation shall be final and conclusive with respect to such revenue bonds and any security therefor and against the authority issuing the same and any person, firm, corporation, county, municipality, authority, subdivision, instrumentality, or other agency contracting with the authority and any and all other persons who were or could have become parties to the proceedings. (b) Revenue bonds issued by the authority shall not be subject to the limitations of term or interest set forth in the `Revenue Bond Law' or any other law. (c) Notwithstanding the provisions of the `Revenue Bond Law,' in its resolution authorizing the issuance of revenue

Page 578

bonds, the authority, in its discretion, in lieu of specifying the rate or rates of interest which the revenue bonds are to bear, may state that the bonds when issued will bear interest at a rate or rates which may be fixed or variable, not exceeding a maximum per annum rate of interest specified in the resolution. The petition, complaint, notice to the district attorney, and notice to the public required to be filed or published under the `Revenue Bond Law' shall conform to the resolution authorizing the issuance of the revenue bonds. 10-9-58. It is found, determined, and declared that the carrying out of the purposes of the authority as defined in this article is in all respects for the benefit of the people of this state and that the purposes are public purposes; that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this article; and that the activities authorized in this article will develop and promote trade, commerce, industry, and employment opportunities to the public good and the general welfare and promote the general welfare of the state. The state covenants with the holders of the revenue bonds that the authority shall be required to pay no taxes or assessments of the state or its municipalities or political subdivisions upon any of the property acquired or leased by it, or under its jurisdiction, control, possession, or supervision or upon its activities in the acquisition, construction, operation, or maintenance of the facilities erected or acquired by it, including the purchase of tangible personal property for such purposes, or any fees, rentals, or other charges, for the use of such facilities, or any other income received by the authority. Further, the state covenants that the revenue bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this state by the state or its municipalities or political subdivisions. Any exemption from taxation provided by this Code section shall not include exemption from sales and use taxes on sales made by the authority in transactions or to persons not otherwise exempt therefrom. 10-9-59. Revenue bonds issued under the authority of this article shall not be a security within the meaning of, and shall not otherwise be subject to any of the provisions of, Chapter 5 of this title, the `Georgia Securities Act of 1973.'

Page 579

10-9-60. Any action to protect or enforce any rights under this article shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of any revenue bonds issued under this article shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. Section 5 . Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry and Trade, is amended by adding at the end thereof a new Article 3 to read as follows: ARTICLE 3 50-7-40. The Department of Industry and Trade is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes. 50-7-41. In addition to its authority and duties provided under Code Section 10-9-5, the department shall have the authority with the approval of the State Properties Commission to lease any improved or unimproved land or other property acquired by it under Code Section 50-7-40 to the Geo. L. Smith II Georgia World Congress Center Authority for a term not to exceed 50 years but upon such other terms and conditions as the department may determine necessary or convenient. Any such lease shall be for and in consideration of $1.00 annually for each calendar year or portion thereof paid in kind to and receipted for by the Fiscal Division of the Department of Administrative Services and in further consideration of the reasonable compliance by the authority with the requirement that such property be held, constructed, operated, maintained, expanded, or improved for the purposes for which the department was authorized to acquire such property. It is determined that such consideration is good and valuable and sufficient consideration for such lease

Page 580

and in the interest of the public welfare of the State of Georgia and its citizens. Section 6 . No state funds shall be used to construct a domed stadium or to service the debt thereon. Any funds appropriated to the project in the Supplemental Appropriations Bill, 1988 Session, shall be used for the purchase of land only. 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 March 30, 1988. PROFESSIONS AND BUSINESSESMARRIAGE AND FAMILY THERAPY; LICENSES; QUALIFICATIONS; LAW DEGREE. Code Section 43-7A-13 Amended. No. 1211 (House Bill No. 1701). AN ACT To amend Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, so as to provide that a law degree and certain experience and supervision shall meet the educational requirements for licensure; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 581

Section 1 . Code Section 43-7A-13 of the Official Code of Georgia Annotated, relating to requirements for licensure in marriage and family therapy, is amended by striking said Code section in its entirety and substituting in lieu thereof the following: 43-7A-13. The education, experience, and training requirements for licensure in marriage and family therapy are as follows: (1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; (2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervision in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program; or (3) A law degree and four years full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200

Page 582

hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy. This subsection will expire January 1, 1989. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. MOTOR VEHICLES AND TRAFFICLAW ENFORCEMENT AND FIRE DEPARTMENT VEHICLES; BLUE OR RED LIGHTS; PERMITS; EXEMPTIONS. Code Section 40-8-92 Amended. No. 1212 (House Bill No. 1743). AN ACT To amend Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, so as to provide that all officially marked law enforcement vehicles shall not be required to have a permit for the use of a blue light; to provide that certain fire department vehicles shall not be required to have a permit for the use of a red light; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) All emergency vehicles shall be designated as such by the Board of Public Safety. The board shall so designate each vehicle by issuing to such vehicle a permit to operate

Page 583

flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. MINORSCHILD LABOR; SCHOOL VACATION MONTHS; CARE OF LAWNS, GARDENS, AND SHRUBBERY. Code Section 39-2-11.1 Enacted. No. 1213 (House Bill No. 1752). AN ACT To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to authorize the employment of certain minors during school vacation months in the care and maintenance of lawns, gardens, and shrubbery under certain conditions; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is

Page 584

amended by adding immediately following Code Section 39-2-11 a new Code Section 39-2-11.1 to read as follows: 39-2-11.1. Notwithstanding any other provision of this chapter or any rule or regulation of the Commissioner of Labor adopted pursuant to the provisions of Code Section 39-2-2 to the contrary, a minor 14 years of age or over may be employed during the months of vacation from school in the care and maintenance of lawns, gardens, and shrubbery owned or leased by the employer of such minor, including the operation of equipment in connection therewith, provided the minor is covered by an accident and sickness insurance plan provided by the employer, the minor presents the employer with the certificate required by Code Section 39-2-11, and the minor is permitted by the employer to care for and maintain only those lawns, gardens, and shrubbery owned or leased by the employer. The work authorized by this Code section includes the care and maintenance of lawns, gardens, and shrubbery on the grounds of mills or factories described in Code Section 39-2-1 and on the grounds of any other factory, mill, or business where employment of the minor within the factory, mill, or business might be prohibited by this chapter or by rules and regulations of the Commissioner of Labor. Section 2 . This Act shall become effective on June 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 585

SHERIFFSHONORARY OFFICE OF SHERIFF EMERITUS; CREATION. Code Section 15-16-40 Enacted. No. 1214 (House Bill No. 1797). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to create the honorary office of sheriff emeritus; to state legislative findings and intent; 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 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by designating the existing text of said chapter as Article 1 and by adding thereafter a new Article 2 of said chapter to read as follows: ARTICLE 2 15-16-40. (a) There is created the honorary office of sheriff emeritus of the State of Georgia. Any sheriff of any county of this state who retires under honorable conditions after having attained the age of 75 years and after having served as sheriff for 45 or more years shall automatically hold the honorary office of sheriff emeritus of the State of Georgia. (b) Any person holding honorary office as sheriff emeritus of the State of Georgia shall upon application to the Secretary of State be issued a special certificate evidencing such honorary office. (c) The honorary office of sheriff emeritus of the State of Georgia shall not constitute the holding of public office or public employment for the purposes of any other law of this state.

Page 586

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988. COUNTIESJUDGES OF THE PROBATE COURTS; COUNTY SURVEYORS; CORONERS; TAX COMMISSIONERS, RECEIVERS, AND COLLECTORS; VACANCIES; DEPUTIES, CLERKS, AND PERSONNEL. Code Titles 15, 36, 45, and 48 Amended. No. 1215 (Senate Bill No. 409). AN ACT To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change certain requirements and procedures regarding the filling of vacancies in the office of the judge of the probate court; to change the provisions relating to appointment of clerks by probate judges; to amend Code Section 36-7-3 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of county surveyor, so as to change certain requirements and procedures relating to the filling of vacancies in the office of county surveyor; to amend Code Section 45-16-2 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of coroner, so as to change certain requirements and procedures relating to the filling of vacancies in the office of coroner; to amend Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, so as to authorize the appointment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and procedures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Page 587

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by striking in its entirety Code Section 15-9-11.1, relating to filling of vacancies in the office of judge of the probate court, and inserting in lieu thereof a new Code Section 15-9-11.1 to read as follows: 15-9-11.1. (a) 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 and said chief clerk meets all qualifications for the office of probate judge, the person serving as chief clerk at the time of occurrence of a vacancy in the office of probate judge shall discharge the duties of the office of the judge of the probate court. The chief clerk of the probate judge shall receive such compensation for performing the duties of such judge as provided for by the governing authority of the county. (b) Vacancies in the office of judge of the probate court having a chief clerk as provided for in subsection (a) of this Code section shall be filled as follows: (1) If there are six months or less remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court for the remainder of the unexpired term of office; or (2) If there are more than six months remaining in a term of office, the chief clerk shall discharge the duties of the judge of the probate court until such vacancy is filled for the unexpired term of office by a special election. (c) If the chief clerk meets all qualifications for the office of probate judge, the chief clerk shall temporarily assume the duties of the probate judge upon the incapacity or inability of such probate judge to serve until such incapacity or inability is removed or for the remainder of the unexpired term of office, whichever occurs first.

Page 588

Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 15-9-36, relating to clerks of probate courts, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may 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 clerk of the probate judge unless otherwise provided by local law. Section 3 . Code Section 36-7-3, relating to filling vacancies in the office of county surveyor, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever an election fails to fill the office of county surveyor, the judge of the probate court shall appoint a person to serve as the county surveyor until a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office. Section 4 . Code Section 45-16-2, relating to filling of vacancies in the office of coroner, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Whenever an election fails to fill the office of coroner, the judge of the probate court shall appoint a person to serve as the coroner until a successor is duly elected in a special election which shall be held at the time of the next general election to serve out the remainder of the unexpired term of office. Section 5 . Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county tax officials and administration, is amended by striking in its entirety Code Section 48-5-211, relating to filling vacancies in the offices of tax receiver, tax collector, or tax commissioner, and inserting in lieu thereof a new Code Section 48-5-211 to read as follows:

Page 589

48-5-211. (a) In any county in which a deputy chief tax receiver, deputy chief tax collector, or deputy chief tax commissioner has not been appointed as provided in this chapter, as soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, 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 as provided in subsection (a) of this Code section 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) Except as otherwise provided in this chapter, 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 as provided in subsection (a) of this Code section, 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 pursuant to subsection (d) of this Code section 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 6 . Said article is further amended by adding at the end of Part 5 a new Code section, to be designated Code Section 48-5-212, to read as follows: 48-5-212. (a) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements

Page 590

as enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section. (b) Any such chief deputy who meets all of the qualifications for office of the appointing tax official shall discharge the duties of the office of such appointing tax official if a vacancy occurs. Such chief deputy shall receive such compensation for performing such duties as provided for by the governing authority of the county. (c) In any county in which such chief deputy has been appointed, vacancies in the office of tax receiver, tax collector, or tax commissioner shall be filled as follows: (1) If there are six months or less remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official for the remainder of the unexpired term of office; or (2) If there are more than six months remaining in a term of office, such chief deputy shall discharge the duties of such appointing tax official until such vacancy is filled for the unexpired term of office by a special election. (d) If such chief deputy meets all the qualifications for the office of the appointing tax official, such chief deputy shall temporarily assume the duties of such office upon the incapacity or inability of such appointing tax official to serve until such incapacity or inability removed or for the remainder of the unexpired term of office, whichever occurs first. Section 7 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to any vacancy occurring on or after said effective date. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 30, 1988.

Page 591

CRIMINAL PROCEDUREVICTIMS OF CRIME; COMPENSATION; GEORGIA CRIME VICTIMS COMPENSATION BOARD; CREATION. Code Title 17, Chapter 15 Enacted. No. 1216 (Senate Bill No. 431). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for a program of assistance to victims of crime under certain circumstances; to provide for declaration of purpose; to define certain terms; to provide for the Georgia Crime Victims Compensation Board and for the appointment and compensation of its members; to provide that the board shall be assigned to the State Board of Workers' Compensation for administrative purposes only; to provide for powers and duties of said board; to provide procedures for making claims for awards; to provide eligibility for awards; to provide limitations on awards; to provide for determination of the amount of award; to provide for the payment of awards; to provide that no award from state funds shall be paid prior to July 1, 1989; to provide for the creation of the Georgia Crime Victims Emergency Fund; to provide for the purpose of such fund and moneys paid into or disbursed from said fund; to make it unlawful to file false claims for awards; to provide that a person who files a false claim shall provide reimbursement to the fund; to provide for subrogation; to provide for the pursuit of civil remedies; to provide for restitution from persons convicted of crimes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end thereof a new Chapter 15 to read as follows: CHAPTER 15 17-15-1. The General Assembly recognizes that many innocent persons suffer personal physical injury, severe financial

Page 592

hardship, or death as a result of criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crime. Accordingly, it is the General Assembly's intent that under certain circumstances aid, care, and assistance be provided by the state for such victims of crime. 17-15-2. As used in this chapter, the term: (1) `Board' means the Georgia Crime Victims Compensation Board. (2) `Claimant' means any person filing a claim pursuant to this chapter. (3) `Crime' means an act committed in this state which constitutes a crime as defined by state or federal law which results in physical injury, financial hardship, or death to the victim. (4) `Director' means the director of the Georgia Crime Victims Emergency Fund. (5) `Fund' means the Georgia Crime Victims Emergency Fund. (6) `Investigator' means an investigator of the board. (7) `Victim' means a person who suffers personal physical injury, financial hardship, or death as a direct result of a crime. 17-15-3. (a) There is created the Georgia Crime Victims Compensation Board, consisting of five members. The members of the board shall be appointed by the Governor, subject to confirmation by the Senate. At least one member of the board shall be a representative of the insurance industry and at least one member shall be a member of the State Bar of Georgia. (b) The term of office of each member shall be five years, except that with respect to the first members appointed, one member shall be appointed for a term of six years, one

Page 593

member shall be appointed for a term of five years, one member shall be appointed for a term of four years, one member shall be appointed for a term of three years, and one member shall be appointed for a term of two years. Any member appointed to fill a vacancy occurring otherwise than by expiration of a term shall be appointed for the remainder of the unexpired term. (c) The Governor shall designate one member of the board as chairman, to serve at the pleasure of the Governor. (d) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board, plus reimbursement for actual transportation costs incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration. (e) The board shall be assigned to the State Board of Workers' Compensation for administrative purposes only. 17-15-4. The board shall have the following powers and duties: (1) To appoint a director of the Georgia Crime Victims Emergency Fund and such other employees necessary to carry out the provisions of this chapter. Such director and employees shall be subject to Chapter 20 of Title 45, relating to the state merit system; (2) To contract for services from attorneys, actuaries, investigators, and other specialized personnel as shall be necessary to enable the board to carry out its functions; (3) To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; (4) To request from the Attorney General, the Department of Public Safety, district attorneys, solicitors,

Page 594

judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state-wide for victim assistance and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed above is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received; (5) To hear and determine all claims for awards filed with the board pursuant to this chapter and to reinvestigate or reopen cases as the board deems necessary; (6) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime and to receive and administer federal funds for the purposes of this chapter; (7) To render awards to victims of crimes or to those other persons entitled to receive awards in the manner authorized by this chapter; (8) To carry out programs designed to inform the public of the purposes of this chapter; and (9) To render each year to the Governor and to the General Assembly a written report of its activities pursuant to this chapter. 17-15-5. (a) A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his behalf by his guardian or such other individual authorized to administer his estate. (b) A claim must be filed by the claimant not later than 180 days after the occurrence of the crime upon which such

Page 595

claim is based or not later than 180 days after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding two years after such occurrence. Claims shall be filed in the office of the board in person or by mail. (c) The claim shall be verified and shall contain the following: (1) A description of the date, nature, and circumstances of the crime; (2) A complete financial statement, including, but not limited to, the cost of medical care or burial expense, the loss of wages or support the victim has incurred or will incur, any other emergency expenses incurred by the victim, and the extent to which the victim has been or may be indemnified for these expenses from any source; (3) When appropriate, a statement indicating the extent of any disability resulting from the injury incurred; (4) An authorization permitting the board to verify the contents of the application; and (5) Such other information as the board may require. 17-15-6. (a) A claim, once accepted for filing and completed, must be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but not be limited to, an examination of police, court, and official records and reports concerning the crime and an examination of medical, financial, and hospital reports relating to the injury or loss upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single investigator. (b) Claims must be investigated and determined regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.

Page 596

(c) The investigator conducting the investigation shall file with the director a written report setting forth a recommendation and his reason therefor. The director shall render a decision and furnish the claimant with a copy of the report. (d) The claimant may, within 30 days after receipt of the report of the decision of the director, make an application in writing to the director for review of the decision. (e) Upon receipt of an application for review pursuant to subsection (d) of this Code section, the director shall forward all relevant documents and information to the board. The board shall review the records and affirm or modify the decision of the director. If considered necessary by the board or if requested by the claimant, the board shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The board shall render a decision within 90 days after completion of the investigation. If the director receives no application for review pursuant to subsection (d) of this Code section, his decision becomes final. (f) The board, for purposes of this chapter, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute. (g) The director shall, within ten days after receipt of the board's final decision, make a report to the claimant including a copy of the final decision and the reasons why the decision was made. 17-15-7. (a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter: (1) A victim; (2) A dependent spouse or child of a victim; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to

Page 597

lawfully apprehend a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officer's request; or (4) Any person who is a member of the family of a person committing a crime when it is in the interest of justice to award emergency funds. (b) (1) Victims may be legal residents or nonresidents of this state. However, the crime must have been committed in this state in order to qualify for an award under this chapter. No victim whether a legal resident of this state or another state is entitled to receive compensation pursuant to this chapter if such person has received crime victim's compensation pursuant to a similar law of another state. A surviving spouse, parent, or child who is legally dependent for his principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child. (2) Victims of crimes occurring within this state who are subject to federal jurisdiction shall be compensated on the same basis as resident victims of crime. (c) No award of any kind shall be made under this chapter to a victim injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility. (d) No award of any kind shall be made under this chapter to a victim of a crime which occurred prior to July 1, 1989. (e) A person who is criminally responsible for the crime upon which a claim is based or is an accomplice of such person shall not be eligible to receive an award with respect to such claim. (f) Unless the board shall determine in a particular case that the interests of justice require otherwise, a member

Page 598

of the family of a person who is criminally responsible for the crime upon which a claim is based or who is an accomplice of such a person shall not be eligible to receive an award with respect to such claim. For the purposes of this subsection, the term `family,' when used with reference to a person, shall mean: (1) Any person related to such person within the third degree of consanguinity or affinity; (2) Any person maintaining a sexual relationship with such person; or (3) Any person residing in the same household with such person. 17-15-8. (a) No award may be made unless the board or director finds that: (1) A crime was committed; (2) The crime directly resulted in physical injury, financial hardship, or death of the victim; and (3) Police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than 72 hours after the occurrence of such crime unless the board, for good cause shown, finds the delay to have been justified. The board, upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award. (b) Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical services, lost wages, funeral expenses, counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based. (c) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate.

Page 599

(d) In determining the amount of an award, the board shall determine whether because of his conduct the victim of such crime contributed to the infliction of his injury or financial hardship, and the board may reduce the amount of the award or reject the claim altogether in accordance with such determination. (e) The board may reject an application for an award when the claimant has failed to cooperate in the verification of the information contained in the application. (f) Any award made pursuant to this chapter may be reduced by or set off by the amount of any payments received or to be received as a result of the injury: (1) From or on behalf of the person who committed the crime; (2) From any other private or public source, including an award of workers' compensation pursuant to the laws of this state, provided that private sources shall not include contributions received from family members or persons or private organizations making charitable donations to a victim. (g) No award made pursuant to this chapter is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. (h) An award made pursuant to this chapter shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 48 or, to the extent lawful, under the United States Internal Revenue Code. (i) Notwithstanding any other provisions of this chapter to the contrary, no awards from state funds shall be paid prior to July 1, 1989. 17-15-9. Notwithstanding any other provision of this chapter to the contrary, where an award under this chapter

Page 600

has been authorized but there are not sufficient funds in the Georgia Crime Victims Emergency Fund to pay or continue paying the award, then the award or the remaining portion thereof must not be paid unless and until sufficient funds become available from the fund and at such time awards which have not been paid must begin to be paid in chronological order with the olderst award being paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds due become available that award must be paid in full when its appropriate time for payment comes on the chronological list before any other postdated award must be paid. Any award under this chapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the Georgia Crime Victims Emergency Fund. 17-15-10. (a) There is created a fund to be known as the Georgia Crime Victims Emergency Fund. The custodian of the fund shall be the board. The director shall administer the fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is authorized to invest its resources. The board is specifically authorized to contract with any person or organization, public or private, to administer the fund, assume the powers of the director, and carry out the duties of the board relating to the fund. (b) The funds placed in the fund shall consist of all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this chapter and money recovered on behalf of the state pursuant to this chapter by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from specific tax proceeds allocated to the fund, received from assessments or fines, or received from any other public or private source pursuant to this chapter. (c) All funds appropriated to or otherwise paid into the fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse.

Page 601

(d) The board is authorized, subject to the limitations contained in this chapter, to pay the appropriate compensation to the persons eligible for compensation under this chapter from the proceeds of the Georgia Crime Victims Emergency Fund. (e) After determining that an award should be paid and the method of payment, the board or director, within five days, shall be authorized to draw a warrant or warrants upon the Georgia Crime Victims Emergency Fund to pay the amount of the award from such fund. 17-15-11. Any person who asserts a false claim under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor and shall further forfeit any benefit received and shall reimburse and repay the state for payments received or paid on his behalf pursuant to any of the provisions of this chapter. 17-15-12. (a) Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant or the victim to recover payments on account of losses resulting from the crime with respect to which the award is made. (b) Acceptance of an award made pursuant to this chapter based on damages from a criminal act shall constitute an agreement on the part of the recipient reasonably to pursue any and all civil remedies arising from any right of action against the person or persons responsible for or committing the act. 17-15-13. (a) Any award or payment of benefits to, or on behalf of, a victim or eligible family member under this chapter shall create a debt due and owing to the state by any person found in a court of competent jurisdiction of this state to have committed such criminal act. (b) A court, when placing on probation any person who owes a debt to the state as a consequence of a criminal act, may set as a condition of probation the payment of the debt

Page 602

or a portion of the debt to the state. The court may also set the schedule or amounts of payments subject to modification based on change of circumstances. (c) The State Board of Pardons and Paroles shall also have the right to make payment of the debt or a portion of the debt to the state a condition of parole. (d) When a juvenile is adjudicated delinquent in a juvenile court proceeding involving a crime upon which a claim under this chapter can be made, the juvenile court in its discretion may order that the juvenile pay the debt to the state as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in paragraph (2) of subsection (a) of Code Section 15-11-35. (e) Payments authorized or required under this Code section shall be paid into the Georgia Crime Victims Emergency Fund. The board shall coordinate the development of policies and procedures for the State Board of Pardons and Paroles and the Administrative Office of the Courts to assure that victim restitution programs are administered in an effective manner to increase payments into the fund. Section 2 . The provisions of this Act shall become effective on January 1, 1989; provided, however, that the provisions of this Act shall only become effective on such date upon the ratification of a certain constitutional amendment at the November, 1988, general election, which amendment authorizes the General Assembly to provide by law for compensating innocent victims of crime. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 603

ETHICS IN GOVERNMENT ACTCONTRIBUTIONS; CAMPAIGN COMMITTEE TREASURERS; CAMPAIGN CONTRIBUTION DISCLOSURE REPORTS; FINANCIAL DISCLOSURE STATEMENTS; PENALTIES. Code Title 21, Chapter 5 Amended. No. 1217 (Senate Bill No. 564). AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the Ethics in Government Act, so as to change the provisions relating to contributions made to candidate or campaign committee or for recall of a public officer; to change the provisions relating to the campaign committee treasurer; to provide certain duties for a candidate who does not have a campaign committee; to change the provisions relating to contributions or expenditures other than through a candidate or campaign committee; to change the provisions relating to campaign contribution disclosure reports; to change certain provisions relating to reporting dates with respect to financial disclosure statements of public officers and candidates for public office; to change certain provisions relating to periods of time covered by such financial disclosure statements; to change the provisions relating to the filing of financial disclosure statements by candidates for public office; to provide that a person who qualifies as a candidate for a county office shall file a financial disclosure statement with the election superintendent of the county; to provide that a person who qualifies as a candidate for a municipal office shall file a financial disclosure statement with the municipal clerk or, if there is no clerk, with the chief executive officer of such municipality; to provide for the nonapplicability of certain financial disclosure statements to public officers who do not seek election to the same or any other public office; to provide that a filing officer shall notify the commission of the names and addresses of candidates or public officers who have failed to file financial disclosure statements required by law; to change certain criminal penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 604

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 21 of the Official Code of Georgia Annotated, known as the Ethics in Government Act, is amended by striking in its entirety Code Section 21-5-30, relating to contributions made to candidate, or campaign committee or for recall of a public officer, and inserting in lieu thereof a new Code Section 21-5-30 to read as follows: 21-5-30. (a) Except as provided in Code Section 21-5-31, 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 oppose 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 maintain records and file reports as required by this chapter or shall have a campaign committee for the purposes of maintaining records and filing reports as required by this chapter. Every campaign committee shall have a chairperson and a treasurer, except that the candidate may serve as the chairperson and treasurer. Before a campaign committee accepts contributions, the name and address of the chairperson and treasurer shall be filed with the Secretary of State. The same person may serve as chairperson 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 chairperson or treasurer of the campaign committee. (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 by the candidate or the campaign committee for the purpose for which such campaign committee was organized. Such account may be an interest-bearing account; provided, however, that

Page 605

any interest earned on such account shall be deemed contributions and may only be used for the purposes allowed under this chapter. (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 such aggregation requirement, members of the same family, firm, or partnership or employees of the same person, as defined in paragraph (14) of 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. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-5-31, relating to contributions or expenditures other than through a candidate or campaign committee, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person who accepts contributions for, makes contributions to, or makes expenditures on behalf of candidate 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, 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. Section 3 . Said chapter is further amended by striking in its entirety Code Section 21-5-32, relating to duties of the

Page 606

campaign committee treasurer, and inserting in lieu thereof a new Code Section 21-5-32 to read as follows: 21-5-32. (a) The candidate or 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 candidate or treasurer shall also keep detailed accounts of all deposits and of all withdrawals made to the separate campaign depository and of all interest earned on any such deposits. (b) Accounts kept by the candidate or treasurer of a campaign committee pursuant to this Code section 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) Records of such accounts kept by the candidate or campaign committee shall be preserved for three years from the termination date of the campaign for elective office conducted by the candidate or 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, or local issue or of any recall vote. Section 4 . Said chapter is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The candidate or the chairperson 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 chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the

Page 607

voters of any proposed constitutional amendment or statewide referendum shall file with the Secretary of State the required campaign contribution disclosure reports. In addition, a candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file a copy of each of such candidate's reports with the election superintendent of the county of such candidate's residence. Section 5 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 21-5-34, relating to campaign contribution disclosure reports, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Candidates or 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 such reports by United States mail with adequate postage affixed, within the required filing time, shall be prima-facie evidence of filing. A report or statement required to be filed by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in the calendar year of the election shall contain cumulative totals of 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.

Page 608

Section 6 . Said chapter is further amended by striking in its entirety Code Section 21-5-50, relating to filing of financial disclosure statements, and inserting in lieu thereof a new Code Section 21-5-50 to read as follows: 21-5-50. (a) (1) Each public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the prceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraphs (A) through (E) of paragraph (15) of Code Section 21-5-3, shall file with the Secretary of State, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the prceding calendar year. (2) Each public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election of such public officer, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who qualifies as a candidate for election as a public officer, as defined in subparagraph (F) of paragraph (15) of Code Section 21-5-3, shall file with the election superintendent of the county of election, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the preceding calendar year. (3) Each public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not before the first day of January nor later than July 1 of each year in which such public officer holds office other than the year in which an election is held for such public office, a financial disclosure statement for the preceding calendar year. Each person who

Page 609

qualifies as a candidate for election as a public officer, as defined in subparagraph (G) of paragraph (15) of Code Section 21-5-3, shall file with the municipal clerk of the municipality of election or, if there is no clerk, with the chief executive officer of such municipality, not later than July 1 in the year in which such person qualifies, a financial disclosure statement for the prceding calendar year. (4) The filing officer shall review each financial disclosure statement to determine that such statement is in compliance with the requirements of this chapter. (5) A public officer shall not, however, be required to file such a financial disclosure statement for the preceding calendar year in a year in which there occurs qualifying for election to succeed such public officer, if such public officer does not qualify for nomination for election to succeed himself or herself or for election to any other public office subject to this chapter. For purposes of this subsection, a public officer shall not be deemed to hold office in a year in which the public officer holds office for less than 15 days. (6) Notwithstanding any other provisions of this subsection, if, due to a special election or otherwise, a person does not qualify as a candidate for election as a public officer until after the first day of July, such person shall file with the appropriate filing officer no later than the fifteenth day following the date of qualifying as a candidate a financial disclosure statement for the preceding calendar year. (b) A financial disclosure statement shall be in the form specified by the commission and shall identify: (1) Each monetary fee of $101.00 or more which is received by a public officer from speaking engagements, participation in seminars, discussion panels, or other activities which directly relate to the official duties of the public officer or the office of the public officer, with a statement identifying the fee 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

Page 610

the title of each such position, the name and address of the business entity, and the principal activity of the business entity; (3) The name, address and principal activity of any business entity and the office held by and the duties of the candidate for public office or public officer within such business entity as of December 31 of the covered year in which such candidate or officer has a direct ownership interest which interest: (A) Is more than 10 percent of the total interests in such business; or (B) Has a net fair market value of more than $20,000. (4) Each tract of real property in which the candidate for public office or public officer has a direct ownership interest as of December 31 of the covered year when that interest has a net fair market value in excess of $20,000. `Net fair market' value means the appraised value of the property for ad valorem tax purposes less any indebtedness thereon. The disclosure shall contain the county and state and general location therein where the property is located. (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. (6) No form prescribed by the commission shall require more information or specify more than provided in the several paragraphs of this section with respect to what is required to be disclosed. Section 7 . Said chapter is further amended by striking in its entirety Code Section 21-5-53, relating to financial disclosure

Page 611

statements as public records, and inserting in lieu thereof a new Code Section 21-5-53 to read as follows: 21-5-53. Financial disclosure statements filed pursuant to this article 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. Within ten days after the date financial disclosure statements are due, the filing officer shall notify the commission in writing of the names and addresses of candidates or public officers who have not filed financial disclosure statements as required by this article. Section 8 . Said chapter is further amended by striking Code Section 21-5-9, relating to criminal penalties, and inserting in its place a new Code section to read as follows: 21-5-9. (a) 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. 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 March 31, 1988.

Page 612

EDUCATIONASBESTOS MANAGEMENT PLANS; BOARDS OF EDUCATION; MEETINGS; HANDICAPPED CHILDREN; CHILDREN IN CUSTODY OF DEPARTMENT OF HUMAN RESOURCES; EVALUATIONS; PROGRAM COUNTS; SUBSTITUTE TEACHERS; SECURITY PERSONNEL. Code Title 20, Chapter 2 Amended. Code Section 20-8-5 Amended. No. 1218 (House Bill No. 1404). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to make certain editorial changes and corrections; to provide for the powers of the State Board of Education with regard to certain asbestos management plans; to provide for local board meetings; to change the provisions relating to local school superintendents; to provide that certain children in the custody of the Department of Human Resources or placed in facilities by that department will be eligible for a free public education and provide conditions, procedures, and funding relating thereto; to authorize handicapped children to use certain types of funds; to change certain internal cross-references; to change certain definitions relating to program counting; to provide for evaluations; to provide for training programs; to provide for certain lists and reports; to provide for substitute teachers; to change certain dates; to provide that in certain counties certain school security personnel may be authorized by a local board of education to carry certain firearms or weapons for the purpose of carrying out law enforcement duties; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting at the end of Article 1 of Chapter 2 a new Code section to read as follows: 20-2-19. (a) The Governor may designate the State Board of Education to receive and review asbestos management

Page 613

plans of local boards of education and of ownwers of private, nonprofit elementary and secondary school buildings, as provided in the federal Asbestos Hazard Emergency Response Act of 1986, 100 Stat. 2970, P.L. 99-519, amending P.L. 99-469, hereinafter referred to as `AHERA.' Any such designation by the Governor prior to the effective date of this Code section is ratified and affirmed and shall have effect from the date thereof. (b) The State Board of Education may receive and disapprove such plans upon the grounds stated in and as provided in AHERA. (c) The State Board of Education may apply for, accept, and disburse federal funds to local boards of education and to owners of private, nonprofit elementary and secondary school buildings for activities involving the preparation and implementation of asbestos management plans. The State Board of Education may apply for, accept, and utilize federal funds for its activities under this Code section, including the training and accreditation of staff. (d) The State Board of Education shall prescribe such policies, rules, regulations, and standards as it deems appropriate to carry out purposes of AHERA. (e) The State Board of Education shall have the authority to adopt an accreditation program and accredit persons who inspect and prepare management plans and conduct response activities for local units of administration, as defined by AHERA. (f) The powers bestowed by this Code section shall be cumulative of other powers of the State Board of Education and shall not diminish them in any way. This Code section shall not be construed to diminish the powers of any other state agency or instrumentality. Section 2 . Said title is further amended by striking Code Section 20-2-58, relating to meetings of local boards, and inserting in lieu thereof a new Code section to read as follows: 20-2-58. It shall be the duty of each local board of education to hold a regular meeting during each calendar month

Page 614

for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it in the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section. Section 3 . Said title is further amended by striking Code Section 20-2-109, relating to local school superintendents, and inserting in lieu thereof a new Code section to read as follows: 20-2-109. The local school superintendent shall constitute the medium of communication between the State School Superintendent and subordinate local school officers. The local school superintendent shall be the executive officer of the local board of education; shall be the agent of the local board in procuring such school equipment and materials as it may order; shall ensure that the prescribed textbooks are used by students; shall verify all accounts before an application is made to the local board for an order for payment; and shall keep a record of all official acts, which, together with all the books, papers, and property appertaining to the office, shall be turned over to the successor. It shall be the local school superintendent's duty to enforce all regulations and rules of the State School Superintendent and of the local board according to the laws of the state and the rules and regulations made by the local board that are not in conflict with state laws; and to visit every school within the local school system to become familiar with the studies taught in the schools, observe what advancement is being made by the students, counsel with the faculty, and otherwise aid and assist in the advancement of public education. Section 4 . Said title is further amended by striking Code Section 20-2-133, relating to free public instruction, and inserting in lieu thereof a new Code section to read as follows: 20-2-133. (a) Admission to the instructional programs funded under this article shall be free to all eligible

Page 615

children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local fair share funds required pursuant to Code Section 20-2-164; provided, further, that no child placed by the Department of Human Resources or any of its divisions in a facility by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days as described in paragraph (1) of subsection (b) of this Code section and no child who is in the physical custody of the Department of Human Resources or any of its divisions pursuant to a court order granting temporary or permanent custody as described in paragraph (2) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students. (b) (1) Except for a child who is in the physical custody of the Department of Human Resources or any of its divisions and who receives services from a local unit of administration pursuant to paragraph (2) of this subsection, any child placed by the Department of Human Resources or any of its divisions in a facility operated by or under contract with the Department of Human Resources who remains in that facility for more than 60 continuous days shall be treated by the local unit of administration of the school district in which the facility

Page 616

is located as eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these facilities are located is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children remain in such facilities. However, placement in such a facility by the parent or by another local unit of administration shall not create such responsibility. (2) Any child, except a child in a youth development center as specifically provided in this paragraph, who is in the physical custody of the Department of Human Resources or any of its divisions and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. The local unit of administration of the school district in which these children are present is responsible for the provision of all educational programs, including special education and related services, free of charge to these children as long as the children are physically present in the school district. No child will be considered in the physical custody of the Department of Human Resources or any of its divisions unless custody has been awarded, either temporarily or permanently, by court order. No child in a youth development center, regardless of his custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which that youth development center is located. (3) (A) For any child described in paragraph (1) of this subsection, the custodian of the child shall notify the appropriate local unit of administration when the child remains in a facility operated by or under contract with the Department of Human Resources for more than 30 continuous days and is anticipated to remain in the facility for more than a total of 60 continuous days.

Page 617

(B) For any child described in paragraph (2) of this subsection, the custodian of the child shall notify the appropriate local unit of administration at least five days in advance of the move when the child is to be moved from one local unit of administration to another. (4) When the custodian of any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, the custodian of the records of that child shall transfer the educational records and Individualized Education Programs (IEP's) and all education related evaluations, assessments, social histories, and observations to the appropriate local unit of administration. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. (5) Any local unit of administration which serves a child pursuant to paragraphs (1) and (2) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. These grnats will be determined and made pursuant to regulations adopted by the State Board of Education. Section 5 . Said title is further amended by striking subsection (a) of Code Section 20-2-152, relating to special education services, and inserting in lieu thereof a new subsection (a) to read as follows: (a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose handicapping condition is so severe as to necessitate early education intervention, may be eligible

Page 618

for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally handicapped, behavior disordered, specific learning disabled, orthopedically handicapped, other health impaired, hearing impaired, speech-language disorderd, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a statewide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (h) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161. Section 6 . Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-154, relating to remedial education programs, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that, due to their achievement levels in reading or mathematics in grades two through five and nine through 12, or writing in grades nine through 12, they need to receive services under the remedial education program as well as other students receiving special education services who meet the eligibility requirements specified in paragraph (1) or (2) of this subsection.

Page 619

Section 7 . Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-165, relating to equalization grants, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. Section 8 . Said title is further amended by striking subsection (h) of Code Section 20-2-182, relating to program weights and salaries and benefits, and inserting in lieu thereof a new subsection (h) to read as follows: (h) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or grater than the class sizes used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systmes' programs as determined by the local boards of education.

Page 620

Section 9 . Said title is further amended by striking Code Section 20-2-210, relating to annual evaluations, and inserting in lieu thereof a new Code section to read as follows: 20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state board; provided, however, that evaluation instruments for service personnel shall be field tested beginning July 1, 1989, and shall be fully implemented by July 1, 1990. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability. Section 10 . Said title is further amended by striking Code Section 20-2-212, relating to salary schedules, and inserting in lieu thereof a new Code section to read as follows: 20-2-212. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the state board. The minimum salary schedule shall provide a

Page 621

minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a local unit of administration pay to any part-time certificated professional employee less than a prorata portion of the respective salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented.

Page 622

Section 11 . Said title is further amended by striking Code Section 20-2-216, relating to substitute teachers, and inserting in lieu thereof a new Code section to read as follows: 20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the State Board of Education. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the state board to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education. Section 12 . Said title is further amended by striking subsection (b) of Code Section 20-2-230, relating to a program for career development, and inserting in lieu thereof a new subsection to read as follows: (b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the `Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual

Page 623

performance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in cooperation with the Georgia School Boards Association, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office. Section 13 . Said title is further amended by striking subsection (a) of Code Section 20-2-274, relating to financing agency expenses, and inserting in lieu thereof a new subsection (a) to read as follows: (a) For fiscal year 1989, the State Board of Education shall grant, subject to appropriation by the General Assembly, the funds to continue the operations of regional educational service agencies in a manner similar to the preceding fiscal year, adjusted only to reflect changes in the salaries and operational costs similar to those made for local school systems under this article; further, in those instances that regional educational service agencies are designated as fiscal agents, the state board shall grant additional funds needed to provide instructional and support services to students eligible for the Psychoeducational Network and to provide services under the Georgia Learning Resources System to all local school systems contained in the respective service areas. Beginning fiscal year 1990 and thereafter, the state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant

Page 624

and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform statewide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. In the event a regional educational service agency is designated as the fiscal agent for the Georgia Learning Resources System or for the Psychoeducational Network for severely emotionally disturbed students, the state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System or Psychoeducational Network as respectively designated as the fiscal agent as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school

Page 625

systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. Section 14 . Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 20-2-292, relating to sparsity grants, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The inability to offer students comparable programs and services is attributable, at least in part, to the fact that the local school system has full-time equivalent counts less than base sizes specified pursuant to Code Section 20-2-181 or the affected school or schools have full-time equivalent counts less than the base sizes referenced pursuant to Code Section 20-2-181; and. Section 15 . Said title is further amended by striking Code Section 20-2-962, relating to quarterly reports, and inserting in lieu thereof a new Code section to read as follows: 20-2-962. The principal of each public school shall make a quarterly report to the local board of education immediately upon the end of each quarter of the fiscal year, and such report shall contain an account of all receipts and expenditures of such funds during the past quarter. The principal shall also make an annual report of the complete property inventory of the school. The local board may at any time during the school year inspect all receipts, expenditures, and property of each public school. Section 16 . Said title is further amended by striking subsection (d) of Code Section 20-8-5, relating to law enforcement powers of school security personnel in each public school system of the state, and inserting in lieu thereof a new subsection (d) to read as follows: (d) In every county having a population of 100,000 or more according to the United States decennial census of 1980 or any future such census, school security personnel who are certified by the Georgia Peace Officer Standards and Training Council may be authorized by a local board of education to carry a standard issue firearm or weapon generally

Page 626

used for law enforcement purposes for the purpose of carrying out law enforcement duties. Section 17 . Section 4 of this Act shall become effective July 1, 1988. The remaining sections of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 18 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIARETIREMENT BENEFITS FOR CLERKS AND SPOUSES; AMOUNT. Code Sections 47-14-70, 47-14-71, 47-14-74, and 47-14-75 Amended. No. 1219 (Senate Bill No. 7). 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 article or who may become eligible for benefits in the future; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement

Page 627

Fund of Georgia, is amended by striking in their entirety subsections (a), (b), (c), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows: (a) A member with at least 20 years of service shall receive retirement benefits of $840.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding his retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (b) If a member is eligible to retire under subsection (a) of this Code section but does not retire and continues to serve as clerk, he shall be entitled to receive, upon retirement, the amount to which he would have been entitled under subsection (a) of this Code section; and, in addition, for each year of service beyond the required 20 years, he shall receive an additional 5 percent of the amount he would be entitled to under subsection (a) of this Code section. (c) In lieu of the retirement benefits provided in subsections (a) and (b) of this Code section, a member, upon retirement, may elect to receive 90 percent of the benefits he is entitled to receive under subsections (a) and (b) of this Code

Page 628

section during the remainder of his life; and, after the member's death, the member's surviving spouse shall receive a monthly sum during the lifetime of the surviving spouse equal to 50 percent of the amount which the member would have received had he elected the full benefits provided under subsections (a) and (b) of this Code section. In order to be eligible for such benefits, the surviving spouse must have been married to the member for at least six years immediately preceding the member's death. Such benefits shall not commence until after the surviving spouse reaches 55 years of age. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $672.00 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 benefits. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $504.00 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 benefits. Section 2 . Said chapter is further amended by striking in its entirety Code Section 47-14-71, relating to eligibility for disability benefits, and inserting in lieu thereof a new Code Section 47-14-71 to read as follows: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if he becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $840.00 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.

Page 629

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, 1988, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1988 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 certain benefit increases, 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, 1988, 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, 1988. 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, 1988. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1988. Section 5 . This Act shall become effective July 1, 1988. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 630

JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIABENEFITS. Code Sections 47-11-21 and 47-11-71 Amended. No. 1220 (Senate Bill No. 15). 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 change the provisions relating to benefits; to provide that such changed benefits shall apply to benefits presently payable under said chapter as well as to benefits payable in the future; 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 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 striking subsection (b) of Code Section 47-11-21, relating to the secretary-treasurer of the board, in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any other provisions of this chapter to the contrary, in addition to such salary, the secretary-treasurer shall receive credit for a sum of $600.00 per annum for time served after March 21, 1958, until July 1, 1979, and credit for a sum of $750.00 per annum for time served after July 1, 1979, as dues in the retirement system for up to 20 years. The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer or upon reaching the age of 60 years, whichever may occur last, based on the rate of 5 percent of $12,000.00 for each year served as secretary-treasurer from March 21, 1958, until July 1, 1979, and 5 percent of $15,000.00 for each year served as secretary-treasurer from July 1, 1979, to the date of retirement, up to a maximum of 20 years of service, provided

Page 631

that a minimum of four years has been served as secretary-treasurer. Withdrawal of such dues by the secretary-treasurer or said officer's estate shall be subject to Code Section 47-11-72. The secretary-treasurer may also make the election as to retirement benefits provided for in subsection (b) of Code Section 47-11-71 and the exceptions provided for in Code Section 47-11-70. Section 2 . Said chapter is further amended by striking Code Section 47-11-71, relating to retirement benefits, in its entirety and substituting in lieu thereof a new Code Section 47-11-71 to read as follows: 47-11-71. (a) Any judge of the probate court who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 shall be paid a monthly sum equal to 5 percent of the judge's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-11-40, for each year served by the judge up to, but not exceeding, a total of 20 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the probate court for purposes of determining retirement pay. (b) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court may elect in writing, on a form to be provided by the board at the time the judge becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the survivor, which benefit shall be based on the judge's age at retirement and the age of the judge's spouse at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge under subsection (a) of this Code section. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 percent interest. The spouse designated at the time of the judge's retirement shall be the only spouse who may draw these benefits.

Page 632

(c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court and any secretary-treasurer of the fund who has served for a total of 20 years as judge of the probate court or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge or secretary-treasurer shall continue to serve as a judge of the probate court or secretary-treasurer beyond 20 years of service. The average monthly net earnings of any such judge of the probate court or secretary-treasurer shall be added to the total monthly net earnings of such judge of the probate court or secretary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limitations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40. (d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection. Section 3 . This Act shall become effective July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 633

PEACE OFFICERS' ANNUITY AND BENEFIT FUNDOPTIONS; SURVIVING SPOUSES; DIVORCE; DEATH; ALTERNATIVE BENEFITS. Code Section 47-17-80 Amended. No. 1221 (Senate Bill No. 128). AN ACT To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to options to provide benefits for the surviving spouses of retired members; to provide an additional option; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement benefit upon such revocation or upon the death of the spouse of a retired member when a certain option had been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) At the time a member qualifies for retirement payments, such member must choose a payment option provided for in this Code section. A member shall become eligible to begin receiving benefits on the first day of the month following the month in which the member qualified for retirement and terminated active employment as a peace officer. A member shall present to the secretary-treasurer a completed application form for retirement benefits. The application shall

Page 634

contain such information as the board shall require. After approval by the board, the secretary-treasurer shall pay to such retired member a monthly sum based on the option chosen by the member. If a married member with a spouse then living is unable to choose an option provided for in this Code section and to complete an application form because of death, mental incompetency, or other providential cause, then Option Two shall become effective. Section 2 . Said Code section is further amended by adding immediately following subsection (d) a new subsection (d.1) to read as follows: (d.1) When Option Two or Option Three is elected, a member may also elect Option 2A or Option 3A. Option 2A or Option 3A shall be computed so as to be actuarially equivalent to the monthly retirement payment which would have been paid to the member under Option One and shall consist of the added provision that in the event the spouse predeceases the retired member, the monthly retirement benefit received by the retired member after the death of the spouse shall be equal to the monthly retirement benefit the retired member would be entitled to receive under Option One. Such actuarial equivalence shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year setback for females and monthly annuity functions. Section 3 . Said Code section is further amended by striking subsection (e) in its entirety and substituting in lieu thereof a new subsection (e) to read as follows: (e) (1) Under either Option Two or Option Three, if the spouse of a retired member who is receiving retirement benefits predeceases the member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. Payments under Options Two and Three, in the event of any such retired member's death, shall be limited to the spouse of such member at the time such member qualifies for retirement benefits. Under Option Two or Option Three, if the surviving spouse remarries, any benefits payable to the surviving spouse shall cease and terminate as of the date of such remarriage.

Page 635

(2) Under Option Two or Three, or Option 2A or 3A, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse or the retired member may elect to continue under Option Two or Three or Option 2A or 3A for the benefit of the former spouse. Upon any such revocation or upon the death of the spouse of a retired member who had elected Option 2A or 3A, the retired member may elect to begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse and the retired member elected to revoke Option Two or Three or Option 2A or 3A as provided in this paragraph or, in the case of a retired member who had elected Option 2A or 3A, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse. Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The option on behalf of the new spouse may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Section 4 . This Act shall become effective on July 1, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 636

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAOPTIONAL RETIREMENT ALLOWANCES; DIVORCE; DEATH OF SPOUSE; ALTERNATIVE BENEFITS. Code Section 47-2-121 Amended. No. 1222 (Senate Bill No. 129). AN ACT To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for an additional optional retirement allowance; to provide that when a retiree is divorced from the retiree's spouse, certain options may then be revoked; to provide for the payment of the maximum retirement allowance upon such revocation or upon the death of the spouse of a retired member when a certain option has been elected; to provide for certain alternative benefits of equivalent actuarial value and for certain elections in connection therewith; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e) of said Code section a new subsection (e.1) and by adding at the end of said Code section a new subsection (h) to read, respectively, as follows: (e.1) When option two or three is elected and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter.

Page 637

(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated or the retired member may elect to continue the optional allowance with the former spouse designated to receive all amounts and benefits upon the death of the retired member. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse and the former spouse was not continued as a beneficiary under the optional allowance after the divorce or, in the case of a retired member who had elected option five, after the death of the spouse of the retired member, the retired member may elect to begin receiving the applicable reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 638

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEMCREDITABLE SERVICE FOR PRIOR SERVICE WHILE A MEMBER OF THE TEACHERS RETIREMENT SYSTEM OF GEORGIA. Code Section 47-4-80 Amended. No. 1223 (Senate Bill No. 221). AN ACT To amend Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement System, so as to authorize creditable service for certain prior service; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-4-80 of the Official Code of Georgia Annotated, relating to creditable service under the Public School Employees Retirement System, is amended by adding at the end thereof a new subsection (j) to read as follows: (j) Any member who was a member of the Teachers Retirement System of Georgia because the member held a position which required membership in that retirement system and who, during membership in said teachers retirement system, also held a position as a public school employee for which creditable service under this retirement system has not been obtained shall have the right to obtain credit for such prior service as a public school employee by paying to the board of trustees the employee contributions that would have been paid to this retirement system during the period of such prior service plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. Any member wishing to obtain credit for prior service under this subsection shall apply therefor to the board of trustees.

Page 639

Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. ELECTIONSCERTIFIED COPY OF MARRIAGE LICENSE AS IDENTIFICATION FOR VOTER REGISTRATION. Code Sections 21-2-221 and 21-3-125 Amended. No. 1224 (Senate Bill No. 405). AN ACT To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration; to amend Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for municipal elections, so as to provide that a certified copy of a marriage license shall be acceptable identification for voter registration; 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 registration of voters in elections generally, is amended by striking in its entirety Code Section 21-2-221, relating to application to registration officer for voter registration, and inserting in lieu thereof a new Code Section 21-2-221 to read as follows: 21-2-221. Any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall

Page 640

furnish such officer with proper identification and information which will enable him to fill in all blanks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, certified copy of marriage license, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto. Section 2 . Code Section 21-3-125 of the Official Code of Georgia Annotated, relating to qualification and registration of voters for municipal elections, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) In a municipality maintaining its own registration list, any person desiring to register as an elector shall apply to a registrar or a deputy registrar and shall furnish such officer with proper identification and information which will enable him to fill in all balnks appearing on the registration card. When any person who seeks to register as an elector is asked to provide proper identification by a registrar or a deputy registrar, as required by law, it shall be sufficient for the applicant to exhibit his valid driver's license, birth certificate, credit card, food stamp card, social security card, check-cashing card, passport, school record, work identification record, utility bill, school identification, certified copy of marriage license, or Medicaid, medicare, or welfare identification. On completion of the form, the officer shall administer the oath to the applicant and then have him sign it, and the officer shall attest it. Upon request of the applicant, the officer taking the application shall read or repeat the oath distinctly to the applicant; and, if the applicant cannot sign his name, the officer shall sign it for him, the applicant making his mark thereto.

Page 641

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. ELECTIONSABSENTEE BALLOTS; PERSONS APPLYING ON BEHALF OF AN ELECTOR; DELIVERY OF ABSENTEE BALLOTS; ASSISTANCE. Code Sections 21-2-381, 21-2-385, 21-3-283, and 21-3-285 Amended. No. 1225 (Senate Bill No. 407). AN ACT To amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, so as to delete the requirement that a person making 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 be 18 years of age or older; to provide that a niece or nephew may 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; to provide that a niece or nephew may deliver an absentee ballot to the board of registrars on behalf of a physically disabled elector; to provide that an aunt, uncle, niece, or nephew may assist a physically disabled or illiterate elector in preparing an absentee ballot; to amend Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, so as to delete the requirement that a person making an application for an absentee ballot on behalf of an absentee elector temporarily residing outside the municipality or a physically disabled elector residing within the municipality be 18 years of age or older; to provide that a niece or nephew may make an application for an absentee ballot on behalf of an absentee elector temporarily residing outside the

Page 642

municipality or a physically disabled elector residing within the municipality; to provide that a niece or nephew may deliver an absentee ballot to the absentee ballot clerk on behalf of a physically disabled elector; to provide that an aunt, uncle, niece, or nephew may assist a physically disabled or illiterate elector in preparing an absentee 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 . Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in elections generally, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 21-2-381, relating to the making of application for absentee ballot, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Not more than 180 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, niece, nephew, 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 in-county or temporary out-of-county address of the elector. Relatives applying for absentee

Page 643

ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign his own application because of illiteracy or physical disability, the elector shall make his mark, and the person filling in the rest of the application shall sign his name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the sending or delivery to an eligible absentee elector who lives outside the county in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the 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 2 . Said article is further amended by striking in its entirety Code Section 21-2-385, relating to the procedure for voting by absentee ballot, 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

Page 644

to the board of registrars, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, 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, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, 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 3 . Article 10 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to absentee voting in municipal elections, is amended by striking in its entirety subsection (a) of Code Section 21-3-283, relating to the making of application for absentee ballot, 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

Page 645

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, niece, nephew, 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 elector's permanent address within the municipality or temporary address outside of the municipality. 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 4 . Said article is further amended by striking in its entirety Code Section 21-3-285, relating to the procedure for voting by absentee ballot, 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, 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

Page 646

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 person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, 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, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, 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 to the elector to ensure the privacy of the elector while voting his absentee ballot. Section 5 . This Act shall become effective on January 1, 1989.

Page 647

Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. ELECTIONSABSENTEE REGISTRATION CARDS; ABSENTEE BALLOTS; NO OPPOSED CANDIDATES IN SPECIAL OR GENERAL ELECTION; CAMPAIGNING NEAR POLLS; EXIT POLLS; PETITIONS AT POLLS. Code Sections 21-2-217, 21-2-325, 21-2-414, and 21-3-321 Amended. No. 1226 (Senate Bill No. 414). 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 extend the time within which certain absentee registration cards shall be considered as applications for absentee ballots from 90 to 180 days prior to a primary or election; to provide that with respect to voting machines, when there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held unless there is a properly qualified writein candidate or unless there are issues to be submitted to the electorate; to prohibit the solicitation of votes, distribution of campaign literature, exit and public opinion polling, and petition signature solicitation within the room in which absentee ballots are being cast; to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, so as to prohibit the solicitation of votes, distribution of campaign literature, exit and public opinion polling, and petition signature solicitation within the room in which absentee ballots are being cast; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 648

Section 1 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Election Code, is amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 21-2-217, relating to voter registration cards, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) A properly executed registration card submitted under the provisions of subparagraph (A) of paragraph (2) of this subsection, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. Section 2 . Said chapter is further amended by striking in its entirety subsection (j) of Code Section 21-2-325, relating to form of ballot labels generally on voting machines, and inserting in lieu thereof a new subsection (j) to read as follows: (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he certifies other candidates as elected pursuant to Code Section 21-2-493. Section 3 . Said chapter is further amended by striking in its entirety 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 lieu thereof 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 any campaign literature, newspaper, booklet, pamphlet,

Page 649

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) 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 within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) 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. (f) Any person who violates this Code section shall be guilty of a misdemeanor. (g) 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 4 . Code Section 21-3-321 of the Official Code of Georgia Annotated, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place in municipal elections, is amended by striking said Code

Page 650

section in its entirety and inserting in lieu thereof 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. (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) 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 within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) 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. (f) 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.

Page 651

Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. GEORGIA ATHLETE AGENTS REGULATORY ACT OF 1988ENACTMENT. Code Title 43, Chapter 4A Enacted. No. 1227 (Senate Bill No. 423). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of athlete agents; to provide a short title; to define certain terms; to provide for the creation of the Georgia Athlete Agent Regulatory Commission and the appointment of members; to provide for the commission's powers, duties, and compensation of its members; to provide for the registration of athlete agents; to provide for the investigation of applicants attempting to become registered athlete agents; to provide grounds for refusal to grant registration; to provide for revocation or suspension of registration; to provide for the duration of registration; to provide for temporary registration; to provide for disclosure; to provide for fees; to require athlete agents to have surety bonds; to prohibit certain conduct of athlete agents; to provide for the effect of failure to comply with certain provisions of law; to provide for confidentiality of certain records; to provide for the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide for sanctions and penalties; to provide for termination of the commission and the repeal of laws relating thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 652

Section 1 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding between Chapter 4 and Chapter 5 a new Chapter 4A to read as follows: CHAPTER 4A 43-4A-1. This chapter shall be known and may be cited as the `Georgia Athlete Agents Regulatory Act of 1988.' 43-4A-2. As used in this chapter, the term: (1) `Agent contract' means any contract or agreement pursuant to which an athlete authorizes or empowers an athlete agent to negotiate or solicit on behalf of the athlete with one or more professional sports teams for the employment of the athlete by one or more professional sports teams or to negotiate or solicit on behalf of the athlete for the employment of the athlete as a professional athlete. (2) `Athlete' means an individual who resides in this state and who: (A) Is eligible to participate in intercollegiate sports contests as a member of a sports team of an institution of higher education located in this state which is a member of a national association for the promotion and regulation of intercollegiate athletics; or (B) Has participated as a member of such a sports team at an institution of higher education and who has never signed a professional sports services contract with a professional sports team. For purposes of this subparagraph, execution by an athlete of a personal service contract with the owner or prospective owner of a professional sports team for the purpose of future athletic services is equivalent to employment with a professional sports team. (3) `Athlete agent' means a person who, directly or indirectly, recruits or solicits an athlete to enter into

Page 653

an agent contract or professional sports services contract with that person or who for a fee procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team. The term `athlete agent' does not include the owner, employee, or other representative of a professional sports team so long as such owner, employee, or representative, while an athlete is under scholarship or participates in a sport at a university, does not recruit or solicit such athlete to enter into an agent contract or professional sports services contract or for a fee does not procure, offer, promise, or attempt to obtain employment for such athlete with a professional sports team. (4) `Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) `Person' means any individual, company, corporation, association, partnership, or other legal entity. (6) `Player associations or organizations' means any association or organization which represents professional athletes in collective bargaining with the management or ownership of professional sports teams or organizations. (7) `Professional sports services contract' means any contract or agreement pursuant to which an athlete is employed or agrees to render services as a player on a professional sports team or as a professional athlete. (8) `Resident' means a person who is a legal resident of this state and shall also include a student enrolled in a college or university in this state. 43-4A-3. (a) There is created a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. The commission shall consist of six members with an interest in college athletics to be appointed as follows: (1) The Governor shall appoint two commission members;

Page 654

(2) The President of the Senate shall appoint two commission members; and (3) The Speaker of the House of Representatives shall appoint two commission members. All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authoirty vested by law in said commission. (b) The effective date of all original appointments shall be September 1, 1988. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term. (d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairman and a vice-chairman. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (i) The joint-secretary shall be the secretary of the commission and provide all administrative services.

Page 655

43-4A-4. No person shall engage in or carry on the occupation of an athlete agent either within the state or with a resident of the state without first registering with the commission. 43-4A-5. (a) A written application for registration shall be made to the commission on the form prescribed by the commission and shall state the following: (1) The name of the applicant and address of the applicant's residence; (2) The address where the business of the athlete agent is to be conducted; (3) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application; and (4) Such biographical information on the applicant as may be deemed necessary by the commission. (b) The application for registration shall be accompanied by affidavits or certificates of completion of any and all formal training or practical experience in any one of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes. The commission, in evaluating the applicant's qualifications, may consider any other relevant training, education, or experience to satisfy this requirement. 43-4A-6. Upon receipt of an application for registration, the commission may evaluate and investigate the education, training, experience, and character of the applicant and may examine the premises designated in the application to verify it to be the principal place of business in which the applicant proposes to conduct business as an athlete agent. 43-4A-7. (a) The commission, by a majority of its members present and voting, may refuse to grant a registration upon proof that the applicant or his or her representative or employee: (1) Has made false or misleading statements of a material nature in his or her application for registration;

Page 656

(2) Has ever misappropriated funds or engaged in other specific acts such as embezzlement, theft, or fraud which would render him or her unfit to serve in a fiduciary capacity; (3) Has engaged in such other conduct that has a significant adverse impact on his or her creditability, integrity, or competence to serve in a fiduciary capacity; (4) Has engaged in conduct which violates or causes an athlete to violate any rule or regulation promulgated by the National Collegiate Athletic Association governing student-athletes and their relationship with athlete agents; (5) Has been convicted of a crime covered by Article 2 of Chapter 12 of Title 16 or has been convicted of a gambling offense in another state; (6) Has been convicted of an offense relating to the profession of an athlete agent in another state; or (7) Is unwilling to swear or affirm that he or she will comply with such rules and standards of conduct for athlete agents as may from time to time be promulgated by the commission. (b) Notice of refusal to grant a registration is required to be sent by registered mail or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's last known address. 43-4A-8. The commission is authorized to revoke or suspend the registration of an athlete agent for any violation of those provisions set forth in Code Section 43-4A-7 or for a violation of Code Section 43-4A-16. 43-4A-9. A registration shall be valid for a period of up to two years. Renewal of a registration shall require the filing of an application for renewal, and a renewal bond, if applicable. A renewal fee shall be paid by the athlete agent at the time of filing such application. 43-4A-10. The commission may, at its discretion, issue a temporary registration valid for a period not exceeding

Page 657

90 days subject, where appropriate, to the automatic and summary revocation by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5. 43-4A-11. All applications for registration or renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested either as partners, associates, or profit sharers in the operation of the business of the athlete agent. 43-4A-12. (a) A filing fee to be determined by the commission shall be paid at the time the application for issuance of an athlete agent registration is filed. (b) In addition to the fee required for application for issuance of an athlete agent registration, every athlete agent shall pay biennially a renewal fee which shall accompany the application for renewal. (c) The commission shall set the fees required by this Code section in the amount necessary to generate sufficient revenue to cover the costs of administration and enforcement of this chapter. 43-4A-13. An athlete agent shall deposit or have deposited with the commission, prior to the issuance of a registration or renewal of a registration, a surety bond in the penal sum of $100,000.00. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic association of a university in this state aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-16 and would be grounds for revocation of a license under Code Section 43-4A-8. If more than one athletic association suffers damages by the actions of an athlete agent, each athletic association shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each athlete who loses college eligibility as a result of actions of the athlete agent. 43-4A-14. If any registrant fails to maintain such bond so as to comply with the provisions of Code Section 43-4A-13,

Page 658

the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on business as an athlete agent during the period of suspension. 43-4A-15. Each registration shall contain the following: (1) The name of the registrant; (2) A designation of the address of the place in which the registrant is authorized to carry on business as an athlete agent; and (3) The registration number and date of issuance of the registration. 43-4A-16. (a) An athlete agent who intends to sign an athlete to an agent contract prior to the termination of the athlete's college eligibility in a sport in which the athlete participates at a university in this state shall notify the commission in writing. The athlete agent shall provide the name of the athlete and the athlete's university and the sport or sports in which the athlete competes at such university. The commission shall within three business days notify in writing the athletic director of the university attended by the athlete. Except as otherwise provided in this subsection for notification of the athletic director, the notice filed by the athlete agent with the commission shall be confidential information and not a public record. The athlete agent shall not be permitted to sign the athlete to an agent contract until the expiration of 30 days from the date that the commission received notice from the agent of the intention to sign such contract. (b) Prior to the signing of an agent contract, an athlete agent shall not compensate any athlete or take any other action in connection with such athlete which may jeopardize such athlete's college eligibility to participate in a sport at the university in which such athlete is under scholarship or participates in such sport. (c) If an athlete agent fails to comply with the provisions of subsection (a) or (b) of this Code section, such athlete

Page 659

agent shall be liable for damages in the amount of the bond deposited pursuant to Code Section 43-4A-13 to any athletic association of a university for which an athlete participates, which athlete was the subject of the agent contract or consideration or other action resulting in a violation of this Code section. The provisions of this subsection shall apply regardless of whether an athlete loses any college eligibility at such university. 43-4A-17. The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall be applicable to the commission and the provisions of this chapter. 43-4A-18. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Athlete Agent Regulatory Commission shall be terminated on July 1, 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 2 . This Act shall not apply to an athlete who has participated for at least one full season as a member of a team which is part of an organized non-scholastic association whether amateur semi-professional with respect to such sport nor shall it apply to the owner or coach of such athlete's team when representing such athlete. Section 3 . Those provisions of this Act which authorize appointing the members of the commission and the promulgation of rules and standards thereby shall become effective July 1, 1988; the remaining provisions of this Act, including but not limited to those which prohibit violations of this Act and rules and standards promulgated pursuant thereto, shall become effective January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 660

ORKERS' COMPENSATIONDEATH CAUSED BY INTENTIONAL ACT OF EMPLOYER; PENALTY. Code Section 34-9-265 Amended. No. 1228 (Senate Bill No. 495). AN ACT [Illegible Text] amend Code Section 34-9-265 of the Official Code of [Illegible Text] [Illegible Text], relating to liability for compensation for death [Illegible Text] from causes other than injury and payment of [Illegible Text] for death resulting from injury, so as to provide for a [Illegible Text] in certain cases in which death is caused by the [Illegible Text] act of the employer; to provide for a limit on such payment; [Illegible Text] that such employer shall be deemed to have intended [Illegible Text] under certain conditions; to provide an effective date for applicability; to repeal conflicting laws; and for other [Illegible Text]. [Illegible Text] IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: [Illegible Text] 1 . Code Section 34-9-265 of the Official Code of [Illegible Text] Annotated, relating to liability for compensation for [Illegible Text] resulting from causes other than injury and payment of [Illegible Text] for death resulting from injury, is amended by [Illegible Text] at the end thereof a new subsection (e) to read as follows: (e) If it shall be determined that the death of an employee was the direct result of an injury proximately caused [Illegible Text] the intentional act of the employer with specific intent [Illegible Text] cause such injury, then there shall be added to the weekly [Illegible Text] benefits paid to the dependents, if any, of the deceased [Illegible Text] a penalty of 20 percent; provided, however, such [Illegible Text] in no case shall exceed $20,000.00. For the purpose [Illegible Text] this subsection, an employer shall be deemed to have [Illegible Text] an injury only if the employer had actual knowledge [Illegible Text] the intended act was certain to cause such injury and [Illegible Text] disregarded this certainty of injury. Nothing [Illegible Text] this subsection shall limit the effect of Code Section 4-9-11.

Page 661

Section 2 . This Act shall become effective July 1, 1988, and shall apply with respect to causes of action arising on or after that date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. ABORTIONPARENTAL NOTIFICATION ACT. Code Title 15, Chapter 11, Article 3 Revised. No. 1229 (Senate Bill No. 621). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and certain parental rights, so as to revise and change certain provisions of the Parental Notification Act; to provide that a minor seeking an abortion shall furnish a statement signed by a parent, guardian, or person standing in loco parentis and such minor stating that such parent or guardian has been notified that an abortion is to be performed on such minor; to provide for actual notice to be given by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion and the procedures connected therewith; to provide for written notice by a physician or agent to the parent, guardian, or person standing in loco parentis of a minor of a pending abortion abortion and the procedures connected therewith; to provide for waiver of parental notification where the juvenile court finds that the minor is mature enough and well enough informed to make the abortion decision without the participation of her parents, guardian, or person standing in loco parentis; to provide that the failure of the juvenile court to conduct a hearing within the time prescribed after the filing of the petition shall constitute a granting of the petition; to provide that the juvenile court shall assist the

Page 662

[Illegible Text] in preparing notices and petitions contemplated by this [Illegible Text]; to provide that if the juvenile court shall fail to render decision within 24 hours after the hearing on the petition [Illegible Text] the petition shall be deemed granted; to provide for the [Illegible Text] of juvenile court records; to provide for the preservation [Illegible Text]; to change certain provisions with respect to certain [Illegible Text] upon certain representations by certain health care [Illegible Text]; to change certain provisions with respect to criminal [Illegible Text] civil liability; to provide for related matters; to provide an [Illegible Text] date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Chapter 11 of Title 15 of the Official Code of [Illegible Text] Annotated, relating to juvenile proceedings and certain [Illegible Text] rights, is amended by striking Article 3, relating to [Illegible Text] Parental Notification Act, and inserting in its place a new [Illegible Text] 3 to read as follows: ARTICLE 3 15-11-110. This article shall be known and may be cited as the `Parental Notification Act.' 15-11-111. As used in this article, the term: (1) `Abortion' means the intentional termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (2) `Unemancipated minor' means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, person standing in loco parentis, or the juvenile court of competent jurisdiction. 15-11-112. (a) No physician or other person shall perform an abortion upon an unemancipated minor under the age of 18 years unless: (1) (A) The minor seeking an abortion shall furnish a statement, signed by a parent, guardian, or

Page 663

person standing in loco parentis and such minor, stating that such parent, guardian, or person standing in loco parentis is the lawful parent or guardian of such minor, or is the person standing in loco parentis of such minor, and that such parent, guardian, or person standing in loco parentis has been notified that an abortion is to be performed on such minor; or (B) The physician or an agent gives at least 24 hours' actual notice, in person or by telephone, to a parent, guardian, or person standing in loco parentis of the minor, of the pending abortion and the name and address of the place where the abortion is to be performed; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; or (C) The physician or an agent gives written notice of the pending abortion and the address of the place where the abortion is to be performed, sent by regular mail, addressed to a parent, guardian, or person standing in loco parentis of the minor at the usual place of abode of the parent, guardian, or person standing in loco parentis. Unless proof of delivery is otherwise sooner established, such notice shall be deemed delivered 48 hours after mailing. The time of mailing shall be recorded by the physician or agent in the minor's file. The abortion may be performed 24 hours after the delivery of the notice; provided, however, that, if the person so notified indicates that he or she has been previously informed that the minor was seeking an abortion or if the person so notified has not been previously informed and he or she clearly expresses that he or she does not wish to consult with the minor, then in either event the abortion may proceed immediately; and

Page 664

(2) The minor signs a consent form stating that she consents, freely and without coercion, to the abortion. (b) If the unemancipated minor or the physician or an agent, as the case may be, elects not to comply with any one of the notification requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of this Code section, or if the parent, legal guardian, or person standing in loco parentis of such minor cannot be located, such minor may petition, on such minor's own behalf or by next friend, any juvenile court in the state for a waiver of such requirement pursuant to the procedures provided for in Code Section 15-11-114. Such juvenile court shall assist the minor or next friend in preparing the petition and notices required pursuant to this Code section. Venue shall be lawful in any county, notwithstanding Code Section 15-11-15. 15-11-113. Notwithstanding Code Sections 15-11-24 through 15-11-26, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petitioin. The hearing shall be held within three days of the date of filing, excluding Saturdays, Sundays, and holidays. The parents or guardian or person standing in loco parentis of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted. 15-11-114. (a) An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented. (b) All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.

Page 665

(c) The notification requirement of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section 15-11-112 shall be waived if the court finds either: (1) That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent, guardian, or person standing in loco parentis; or (2) That the notice to a parent or, if the minor is subject to guardianship, the legal guardian or person standing in loco parentis pursuant to Code Section 15-11-112 would not be in the best interests of the minor. (d) A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner which will preserve anonymity. (e) An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter. (f) No filing fees shall be required of any unemancipated minor who uses the procedures provided by this Code section. 15-11-115. The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.

Page 666

15-11-116. This article shall not apply when, in the best inical judgment of the attending physician on the facts of [Illegible Text] case before him, a medical emergency exists that so [Illegible Text] the condition of the minor as to require an immediate bortion. A person who performs an abortion as a medical [Illegible Text] under the provisions of this Code section shall [Illegible Text] in writing the medical indications on which this [Illegible Text] was based when filing such reports as are required [Illegible Text] law. 15-11-117. Any physician or any person employed or [Illegible Text] with a physician, hospital, or health care facility [Illegible Text] abortions who acts in good faith shall be justified [Illegible Text] relying on the representations of the unemancipated minor [Illegible Text] of any other person providing the information required [Illegible Text] this article. No physician or other person who furnishes [Illegible Text] services related to an act authorized or required [Illegible Text] this article and who relies upon the information furnished pursuant to this article shall be held to have violated any [Illegible Text] law or to be civilly liable for such reliance, provided [Illegible Text] the physician or other person acted in good faith. 15-11-118. Any person who violates the provisions of [Illegible Text] article shall be guilty of a misdemeanor and any person [Illegible Text] intentionally encourages another to provide false [Illegible Text] pursuant to this article shall be guilty of a [Illegible Text]. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this are repealed. Approved March 31, 1988.

Page 667

MISSING CHILDREN INFORMATION CENTERMISSING CHILD; DEFINITION; AGE. Code Section 35-3-80 Amended. No. 1230 (House Bill No. 228). AN ACT To amend Code Section 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, so as to change the age used in defining a missing child; 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 35-3-80 of the Official Code of Georgia Annotated, relating to definitions relative to the Missing Children Information Center, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) `Missing child' or `missing children' means a person or persons under the age of 18 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. 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, 1988.

Page 668

[Illegible Text] AND SAFETYSMOKE DETECTORS; [Illegible Text] ACCOMMODATIONS; CONSTRUCTION PRIOR TO 1976. Code Section 25-2-13 Amended. No. 1231 (House Bill No. 311). AN ACT To amend Code Section 25-2-13 of the Official Code of Georgia [Illegible Text], relating to buildings presenting special hazards to [Illegible Text] or property and requirements as to construction and [Illegible Text] of such buildings, so as to require certain buildings [Illegible Text] sleeping accommodations which were constructed prior to [Illegible Text] to have a smoke or products of combustion detectors; to [Illegible Text] certain requirements for installation of such smoke or [Illegible Text] of combustion detectors; to provide for applicability; [Illegible Text] conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Code Section 25-2-13 of the Official Code of [Illegible Text] Annotated, relating to buildings presenting special hazards [Illegible Text] or property and requirements as to construction and [Illegible Text] of such buildings, is amended by striking subsection in its entirety and inserting in lieu thereof a new subsection to read as follows: (d) The Commissioner is directed to investigate and examine construction and engineering techniques; properties of construction materials, fixtures, facilities, and appliances used in, upon, or in connection with buildings and structures; and fire prevention and protective techniques, including, but not limited to, the codes and standards adopted, recommended, or issued from time to time by the National Fire Protection Association (National Fire Code and National Electric Code), the American Insurance Association (National Building Code), the successor to the National Board of Fire Underwriters, the American Standards Association, and the Standard Building Code Congress (Southern Standard Building

Page 669

Code). Based upon such investigation, the Commissioner is authorized to determine and by rule to provide what reasonable and practical protection must be afforded property and persons with respect to: exists; fire walls and internal partions adequate to resist fire and to retard the spread of fire, smoke, heat, and gases; electrical wiring, electrical appliances, and electrical installations; safety and protective devices, including, but not limited to, fire, escapes, fire prevention equipment, sprinkler systems, fire extinguishers, panic hardware, fire alarm and detection systems, exist lights, emergency auxiliary lights, and other similar safety devices; flameproofing; motion picture equipment and projection booths; and similar facilities; provided, however, that on and after January 1, 1989, any building described in subparagraph (C) of paragraph (1) of subsection (b) of this Code section which was constructed prior to 1976 shall be required to have a smoke or products of combustion detector listed by a nationally recognized testing laboratory; and, regardless of the manufacturer's instructions, such detectors in these buildings shall be located in all corridors, halls, and basements no more than 30 feet apart or more than 15 feet from any wall; where there are no halls or corridors, the detectors shall be installed in each sleeping room. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 670

MES AND OFFENSESBAIL JUMPING; PENALTIES. Code Section 16-10-51 Amended. No. 1232 (House Bill No. 768). AN ACT To amend Code Section 16-10-51 of the Official Code of [Illegible Text] Annotated, relating to bail jumping generally, so as to provide [Illegible Text] a person charged or convicted of any misdemeanor who [Illegible Text] to appear at the specified time and place after release on [Illegible Text] on his own recognizance commits the offense of [Illegible Text]-bail jumping; to provide that any person who is charged [Illegible Text] or convicted of any of certain designated misdemeanors who leaves the state after being released on bail or his [Illegible Text] recognizance commits out-of-state-bail jumping; to provide notice; to provide for penalties and exceptions; to repeal [Illegible Text] laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Code Section 16-10-51 of the Official Code of [Illegible Text] Annotated, relating to bail jumping generally, is [Illegible Text] by striking said Code section in its entirety and insertin lieu thereof a new Code Section 16-10-51 to read as follows: 16-10-51. (a) Any person who has been charged with or convicted of the commission of a felony under the laws of this state and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of felony-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, he fails without sufficient excuse to appear at that time and place. A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both. (b) Any person who has been charged with or convicted of the commission of a misdemeanor and has been set at

Page 671

liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place commits the offense of misdemeanor-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, he fails without sufficient excuse to appear at that time and place. A person convicted of the offense of misdemeanor-bail jumping shall be guilty of a misdemeanor. (c) (1) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his own recognizance upon the condition that he will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the person by mailing to his last known address, leaves the state to avoid appearing and fails without sufficient excuse to appear at such time and place commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not more than $3,000.00, or both. (2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11-127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3;

Page 672

(G) Failure to report child abuse, as provided in Code Section 19-7-5; (H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Conversion of leased personal property, as provided in Code Section 16-8-19; (O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; and (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391. (d) Subsections (b) and (c) of this Code section shall not apply to any person who has been charged or convicted of the commission of a misdemeanor under the laws of this

Page 673

state and has been set at liberty after posting a cash bond and fails to appear in court at the specified time and place where such failure to appear, in accordance with the rules of the court having jurisdiction over such misdemeanor, is construed as an admission of guilt and the cash bond is forfeited without the need for any further statutory procedures and the proceeds of the cash bond are applied and distributed as any fine imposed by the court would be. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITYCONTRACTS; LOCAL TRADE AND CONVENTION CENTERS. Code Section 10-9-16.1 Enacted. No. 1233 (House Bill No. 1035). AN ACT To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to authorize the Geo. L. Smith II Georgia World Congress Center Authority, by contract, to provide to any county, municipality, public corporation, or public authority, or combination of the foregoing, the goods or services of the authority in connection with the operation and management of a local trade and convention center owned and operated by such county, municipality, corporation, authority, or combination of the foregoing, and to exercise the powers of any such county, municipality, corporation, authority, or combination of the foregoing, in connection with such local trade and convention center; to provide for financial liabilities and reimbursement; to provide for other

Page 674

relative to the foregoing; to provide for an effective date; repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Article 1 of Chapter 9 of Title 10 of the Official [Illegible Text] of Georgia Annotated, relating to general provisions [Illegible Text] the Geo. L. Smith II Georgia World Congress Center, is [Illegible Text] by adding thereto a new Code section, to be designated [Illegible Text] Section 10-9-16.1, which shall read as follows: 10-9-16.1. (a) The authority is authorized to contract with any county, municipality, public corporation, or public authority, or combination of the foregoing (any such county, municipality, corporation, authority, or combination being hereinafter referred to as the `local entity'), to exercise on behalf of the local entity such responsibility in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center of such local entity, as is now or may be hereafter vested in the local entity, and to provide to the local entity goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of any local trade and convention center of the local entity, all as the parties may by contract determine appropriate. Any such local entity is authorized by such contract to delegate to the authority all or any of its responsibilities and powers with respect to the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center and to obtain from the authority such goods or services of the authority in connection with the planning, design, acquisition, construction, operation, management, and maintenance of a local trade and convention center as the parties may by contract determine appropriate. (b) Any such contract shall provide that the local entity shall reimburse the authority for all of the costs, liabilities, and expenses of the authority incurred by the authority in exercising such powers or providing such goods or services. The authority shall not directly or indirectly be liable for any liability, cost, or expense incurred by such local entity

Page 675

in the acquisition, construction, operation, management, or maintenance of a local trade and convention center. No funds derived by the authority from or in connection with the operation of the Georgia World Congress Center shall be used to pay any liability, cost, or expense incurred in connection with such contract, except pursuant to contract providing for reimbursement of the authority by the local entity therefor. (c) As used in this Code section, `local trade and convention center' means a trade and convention center owned or operated by a local entity for the purpose of housing trade shows, conventions, cultural, political, musical, educational, entertainment, recreational, athletic, and other events, for displaying exhibits of counties, municipalities, industries, and attractions, or for promoting agricultural, historic, natural, and recreational resources of the state, which includes one or more facilities suitable for such purposes, including, but not limited to, exhibition halls, meeting halls, auditoriums, theatres, stadiums, facilities for purveying of foods, beverages, and other goods and services, parking facilities and parking areas in connection therewith, and related buildings or facilities usual and convenient to such purposes and activities. 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, 1988.

Page 676

COUNTIESCOUNTY REAL PROPERTY; SALE; RECREATIONAL SET-ASIDE PROPERTY. Code Section 36-9-3 Amended. No. 1234 (House Bill No. 1192). AN ACT To amend Code Section 36-9-3 of the Official Code of Georgia [Illegible Text], relating to the procedure for the sale or disposition [Illegible Text] real property generally, so as to exempt the transfer [Illegible Text] set-aside property to certain homeowners' [Illegible Text] under certain conditions; to provide an effective date; to [Illegible Text] conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Code Section 36-9-3 of the Official Code of [Illegible Text] [Illegible Text], relating to the procedure for the sale or disposition [Illegible Text] real property generally, is amended by adding a new [Illegible Text] (e) to read as follows: (e) Notwithstanding subsection (a) of this Code section, [Illegible Text] the governing authority has prescribed a system of [Illegible Text] set-asides where developers are required to set [Illegible Text] a certain amount of property in each new subdivision [Illegible Text] recreational purposes and where those recreational [Illegible Text] have been conveyed to the county governing authority [Illegible Text] no cost to the county, the county governing authority shall [Illegible Text] the right to negotiate and consummate a private sale [Illegible Text] such property to a homeowners' association representing [Illegible Text] majority of property owners in the subdivision where [Illegible Text] recreational set-aside property is located, provided that [Illegible Text] use of the property shall be for recreational purposes [Illegible Text] a period of not less than five years from the date of the [Illegible Text]. Notice of intention of the county governing authority [Illegible Text] make a private sale shall be published once a week for [Illegible Text] weeks in the official organ of the county. Section 2 . This Act shall become effective May 1, 1988.

Page 677

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. INSURANCEAUTOMOBILE, MOTORCYCLE, AND RESIDENTIAL REAL PROPERTY POLICIES; NONRENEWAL; NOTICES; ACTIONS; TERMINATION OF AGENCY RELATIONSHIPS. Code Sections 33-24-45 and 33-24-46 Amended. No. 1235 (House Bill No. 1268). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no notice refusing the renewal of certain coverages in an automobile or motorcycle policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide that no notice refusing the renewal of certain coverages in a residential real property policy issued for delivery in this state shall be mailed or delivered for certain enumerated reasons; to provide exceptions; to provide certain definitions; to provide that no claim or action may be maintained on an alleged unlawful nonrenewal unless a certain notice is filed; to provide for the contents of certain notice; to provide for renewals in cases of termination of agency relationships; 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 striking in its entirety paragraph (2) of subsection (b) of Code Section 33-24-45, relating to cancellation or nonrenewal

Page 678

utomobile or motorcycle policies, and inserting in its place ew paragraph (2) to read as follows: (2) `Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew. Section 2 . Said chapter is further amended by inserting [Illegible Text] following paragraph (2) of subsection (e) of Code [Illegible Text] 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies, four new paragraphs, to be designed paragraphs (3), (4), (5), and (6) to read as follows: (3) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonrenewal for the following reasons: (A) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business; (B) A change in the insurer's eligibility rules or underwriting rules, provided that this subparagraph shall

Page 679

not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subparagraph (B) of paragraph (4) of this subsection; (C) With respect to any driver or with respect to any automobile or its replacement, except when the replacement is such that together with other relevant underwriting or eligibility rules it would not have been insured as an original policy risk of the insurer, for two or fewer of the following within the preceding 36 month period: (i) Accidents involving two or more motor vehicles in which the driver of the insured automobile under this subparagraph was not at fault; (ii) Uninsured or underinsured motorist coverage claims; (iii) Comprehensive coverage claims; and (iv) Towing or road service coverage claims; (D) Age, sex, location of residence address within the state, race, creed, national origin, ancestry, or marital status; (E) Lawful occupation, provided that the insured automobile is not used in such occupation and provided, further, that such automobile would have been insured as an original policy risk of the insurer when such occupation is considered together with other relevant underwriting or eligibility rules of the insurer; (F) Military service, provided that the named insured has no change of legal residence from this state; (G) Number of years of driving experience of a named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy; (H) Accidents or violations which occurred more than 36 months prior to the expiration date or anniversary date of the policy;

Page 680

(I) One claim against the policy based on fault if such coverage has been in effect continuously for at least 36 preceding months; (J) Notwithstanding subparagraph (H) of this paragraph, two claims against the policy based on fault if such coverage has been in effect continuously for at least 72 preceding months; and (K) Factors not relating to the claims record, driving record, or driving ability of the named insured or of any other operator who is either a resident in the same household or customarily an operator of an automobile insured under such policy. (4) (A) Notwithstanding paragraph (3) of this subsection, any reason set forth in subsection (c) of this Code section, relating to cancellation, shall also constitute a reason for nonrenewal. (B) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisions of this title or would be hazardous to its policyholders or the public, subparagraph (B) or (K) of paragraph (3) shall not apply. (5) (A) If the insurer complies with paragraph (1) of this subsection, no claim or action may be maintained with respect to a policy which is not renewed unless the named insured files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of this subsection, no violation of this subsection may be alleged other than the specific allegations contained in the notice filed by the named insured. (B) In addition to other requirements, a notice of nonrenewal shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows:

Page 681

`NOTICE Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful. If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (6) (A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows: `NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'

Page 682

Section 3 . Said chapter is further amended by striking entirety subsection (b) of Code Section 33-24-46, relating [Illegible Text] or nonrenewal of certain property insurance [Illegible Text] and inserting in its place a new subsection (b) to read as [Illegible Text]: (b) As used in this Code section, the term: (1) `Nonrenewal' or `nonrenewed' means a refusal by an insurer or an affiliate of such insurer to renew. (2) `Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and the contents thereof, as defined and limited in standard fire policies as approved by the Commissioner. (3) `Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew. Section 4 . Said chapter is further amended by adding at [Illegible Text] of Code Section 33-24-46, relating to cancellation or [Illegible Text] of certain property insurance policies, four new subsections,

Page 683

to be designated subsections (j), (k), (l), and (m) to read as follows: (j) No notice refusing the renewal of a policy issued for delivery in this state shall be mailed or delivered by an insurer or its agent duly authorized to effect such notice of nonrenewal for the following reasons: (1) Lack of, lack of potential for, or failure to agree to a writing of supporting insurance business; (2) A change in the insurer's eligibility rules or underwriting rules, provided that this paragraph shall not apply to a change in such rules if the change applies uniformly within a specific class or territory and such change has been approved by the Commissioner under subsection (k) of this Code section; and (3) Two or fewer claims against the policy within the preceding 36 month period if such claims are not attributable to the negligent or intentional acts of the insured or of persons residing at the insured premises. (k) If the insurer demonstrates to the satisfaction of the Commissioner that renewal would violate the provisons of this title or would be hazardous to its policyholders or the public, paragraph (2) of subsection (j) shall not apply. (l) (1) If the insurer complies with subsection (d) of this Code section, no claim or action may be maintained with respect to a policy which is not renewed unless the named insurer files a written notice with the insurer before the time at which nonrenewal becomes effective. The notice shall specify the manner in which the failure to renew is alleged to be unlawful under this subsection. In any subsequent action asserting a violation of subsection (c), (j), or (k) of this Code section, no violation may be alleged other than the specific allegations contained in the notice filed by the named insured. (2) In addition to other requirements, a notice of nonrenewal shall contain the provisions of paragraph (1) of this subsection in substantially the form which follows:

Page 684

`NOTICE Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful. If you do not file the written notice, you may not later assert a claim or action against this insurer based upon an unlawful nonrenewal.' (m) (1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured may apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. (2) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (1) of this subsection, in substantially the form which follows: `NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.'

Page 685

Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. DEVELOPMENT AUTHORITIESPROJECTS; OFFICE BUILDINGS FOR CHARITABLE CORPORATIONS, ASSOCIATIONS, OR SIMILAR ENTITIES. Code Section 36-62-2 Amended. No. 1236 (House Bill No. 1303). AN ACT To amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the Development Authorities Law, so as to change the definition of the term project; to qualify a charitable corporation, association, or similar entity to finance the acquisition, construction, leasing, or financing of office buildings; 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 36-62-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Chapter 62 of Title 36, known as the Development Authorities Law, is amended by striking subparagraph (J) of paragraph (6) of said Code section and inserting in lieu thereof a new subparagraph (J) to read as follows: (J) The acquisition, construction, leasing, or financing of: (i) An office building facility and related real and personal property for use by any business enterprise or

Page 686

charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is located within the area of operation of the authority and which is used or intended to be used by such business enterprise or charitable corporation, association, or similar entity; or (ii) A separate office building facility and related real and personal property for use by any business enterprise or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state. No such office building facility as defined in this subparagraph shall be undertaken by an authority unless the authority determines that the business enterprise or charitable corporation, association, or similar entity to use such facility will be the primary tenant; Section 2 . This Act shall become effective upon its approval the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this are repealed. Approved March 31, 1988.

Page 687

MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; REVIEW AND CORRECTION OF RECORDS. Code Section 40-5-2 Amended. No. 1237 (House Bill No. 1334). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the department to correct records which contain improper, false, fraudulent, or invalid information; 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 adding at the end of Code Section 40-5-2, relating to drivers' licensing records, a new subsection (j) to read as follows: (j) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 688

MOTOR VEHICLES AND TRAFFICUNATTENDED VEHICLE CHECKS BY PEACE OFFICERS; CARDS. Code Section 40-11-3.1 Enacted. No. 1238 (House Bill No. 1385). AN ACT To amend Article 1 of Chapter 11 of Title 40 of the Official [Illegible Text] of Georgia Annotated, relating to abandoned motor [Illegible Text], so as to provide for peace officers to perform unattended [Illegible Text] checks on motor vehicles left unattended on a public [Illegible Text], road, or highway or other public property; to provide the attachment and filing of unattended vehicle check cards; provide for the form of such cards; to provide for rules and [Illegible Text] of the Department of Public Safety; to define the [Illegible Text] offense of unauthorized use of a genuine or counterfeit attended vehicle check card; to provide for other related [Illegible Text]; to provide an effective date; to repeal conflicting laws; and other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Article 1 of Chapter 11 of Title 40 of the Official [Illegible Text] of Georgia Annotated, relating to abandoned motor [Illegible Text], is amended by adding between Code Sections 40-11-3 and [Illegible Text] a new Code Section 40-11-3.1 to read as follows: 40-11-3.1. (a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such motor vehicle an unattended vehicle check card indicating that another peace officer has already performed such an unattended vehicle check. For purposes of this Code section, an unattended vehicle check shall consist of such actions as are reasonably necessary to determine that the unattended vehicle does not contain an injured or incapacitated person and to determine that the unattended vehicle does not pose a threat to public health or safety.

Page 689

(b) A peace officer completing an unattended vehicle check shall complete and attach to the vehicle an unattended vehicle check card. Unattended vehicle check cards shall be in such form, and shall be attached to vehicles in such manner, as may be specified by rule or regulation of the Department of Public Safety; and to the extent that sufficient funds are available to the department, the department may distribute such forms free of charge to law enforcement agencies in this state. Unattended vehicle check cards shall be serially numbered; shall be of a distinctive color and shape, so as to be readily visible to passing motorists; and shall contain spaces for the investigating police officer to indicate the location of the vehicle, the date and time of the completion of the unattended vehicle check, and the name of such peace officer's law enforcement agency. A detachable stub, which shall be filed with the investigating peace officer's law enforcement agency, shall bear the same serial number and shall contain the same information, together with the identity of the investigating peace officer and the license plate number and other pertinent identifying information relating to the abandoned vehicle. (c) Nothing in the Code section shall limit the otherwise applicable authority of a peace officer to have an unattended motor vehicle removed to a garage or other place of safety. (d) It shall be unlawful for any person other than a peace officer to attach a genuine or counterfeit unattended motor vehicle check card to a motor vehicle; and any person convicted of violating this subsection shall be guilty of a misdemeanor. Section 2 . This Act shall become effective on October 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 690

FIREARMS DEALERSRECORDS. Code Section 43-16-10.1 Enacted. No. 1239 (House Bill No. 1394). AN ACT To amend Chapter 16 of Title 43 of the Official Code of Georgia [Illegible Text], relating to the regulation of firearms dealers, so as [Illegible Text] firearms dealers to keep and maintain records of the [Illegible Text] and disposition of firearms; to provide for the form, [Illegible Text], and maintenance of such records; to provide sanctions [Illegible Text] failure to keep and maintain such records; to repeal [Illegible Text] laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 43 of the Official Code of [Illegible Text] Annotated, relating to the regulation of firearms dealers, [Illegible Text] by adding immediately following Code Section 43-0, relating to the power of the Department of Public Sagety [Illegible Text] licenses to deal in firearms, a new Code Section 43-0.1 to read as follows: 43-16-10.1. (a) As a condition of any license issued pursuant to this chapter, each licensee shall be required to keep a record of the acquisition and disposition of firearms [Illegible Text] provided in this Code section. (b) The record required by subsection (a) of this Code [Illegible Text] shall be identical in form and context to the firearms acquisition and disposition record required by Part 178 of Chapter 1 of Title 27 of the Code of Federal Regulations as [Illegible Text] exists on July 1, 1988. (c) The record required by subsection (a) of this Code [Illegible Text] shall be maintained on the licensed premises and shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time. The record of each acquisition

Page 691

or disposition of a firearm shall be maintained for a period of not less than five years. (d) The failure of a licensee to keep and maintain the records required by this Code section shall be grounds for revocation of the license. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. MOTOR VEHICLES AND TRAFFICALL-TERRAIN VEHICLE; MOTORCYCLE; DEFINITIONS. Code Section 40-1-1 Amended. No. 1240 (House Bill No. 1470). AN ACT To amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions and motor vehicles and traffic, so as to provide a definition for all-terrain vehicles; to exclude mopeds and all-terrain vehicles for the definition of motorcycles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions and motor vehicles and traffic, is amended by adding between paragraph (1) and paragraph (2) a new paragraph (1.1) to read as follows: (1.1) `All-terrain vehicle' means any motorized vehicle designed for off-road use which is equipped with three or more low pressure tires and with a seat to be straddled by the operator and with handlebars for steering control.

Page 692

Section 2 . Said Code section is further amended by striking [Illegible Text] (25) and inserting in lieu thereof a new paragraph read as follows: (25) `Motorcycle' means every motor vehicle having a [Illegible Text] or saddle for the use of the rider and designed to travel not more than three wheels in contact with the ground, [Illegible Text] excluding a tractor, all-terrain vehicle, and moped. Section 3 . All laws and parts of laws in conflict with this [Illegible Text] repealed. Approved March 31, 1988. URANCEINSURERS CHANGING DOMICILE TO ANOTHER STATE; EXAMINATIONS. Code Section 33-2-11 Amended. No. 1241 (House Bill No. 1489). AN ACT [Illegible Text] Code Section 33-2-11 of the Official Code of Georgia [Illegible Text], relating to the requirement of examination by the [Illegible Text] of Insurance of insurers, rating organizations, [Illegible Text] organizations, so as to provide for examinations authorized insurer which changes its domicile from [Illegible Text] another state; to provide an exception; to provide an [Illegible Text]; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF [Illegible Text]: Section 1 . Code Section 33-2-11 of the Official Code of Georgia annotated, relating to the requirement of examination by commissioner of Insurance of insurers, rating organizations, [Illegible Text] organizations, is amended by adding a new subsection [Illegible Text] to read as follows:

Page 693

(e) Any insurer authorized to transact insurance in this state which changes its domicile from Georgia to another state on or after April 1, 1988, shall be examined by the Commissioner once a year for five years, beginning on or after the occurrence of the change in domicile; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs. 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, 1988. INSURANCEINSURER REDEFINED TO INCLUDE HEALTH CARE PLANS. Code Section 33-1-2 Amended. No. 1242 (House Bill No. 1492). AN ACT To amend Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, so as to include health care plans within the definition of insurer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms regarding insurance, is amended by striking paragraph (4) in its entirety and inserting in its place a new paragraph (4) to read as follows:

Page 694

(4) `Insurer' means any person engaged as indemnitor, [Illegible Text], or contractor who issues insurance, annuity or endowment contracts, subscriber certificates, or other contracts of insurance by whatever name called. Hospital service nonprofit corporations, nonprofit medical service corporations, [Illegible Text] associations, health care plans, and health maintenance organizations are insurers within the meaning of this [Illegible Text]. Section 2 . All laws and parts of laws in conflict with this are repealed. Approved March 31, 1988. CRIMES AND OFFENSESHAZING STUDENTS. Code Section 16-5-61 Enacted. No. 1243 (House Bill No. 1662). AN ACT To amend Article 4 of Chapter 5 of Title 16 of the Official [Illegible Text] of Georgia Annotated, relating to reckless conduct, so as [Illegible Text] it unlawful to endanger or denigrate another person precondition of joining a school organization; to provide [Illegible Text]; to provide a penalty; to repeal conflicting laws; and other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 5 of Title 16 of the Official [Illegible Text] of Georgia Annotated, relating to reckless conduct, is [Illegible Text] by adding at the end thereof a new Code Section [Illegible Text] to read as follows: 16-5-61. (a) As used in this Code section, the term:

Page 695

(1) `Haze' means to subject a student to an activity which endangers or is likely to endanger the physical health of a student, regardless of a student's willingness to participate in such activity. (2) `School' means any school, college, or university in this state. (3) `School organization' means any club, society, fraternity, sorority, or a group living together which has students as its principal members. (4) `Student' means any person enrolled in a school in this state. (b) It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization. (c) Any person who violates this Code section shall be guilty of a misdemeanor punishable by a fine not to exceed $500.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 696

BOARDS OF ELECTIONS OF COUNTIES OF NOT LESS THAN 158,000 AND NOT MORE THAN 168,000ACT REPEALED. No. 1244 (House Bill No. 1102). AN ACT To repeal an Act providing for a board of elections in each [Illegible Text] of this state having a population of not less than 66,000 [Illegible Text] not more than 73,000 according to the 1970 United States [Illegible Text] census or any future such census (now not less than [Illegible Text] and not more than 168,000 according to the 1980 United [Illegible Text] decennial census or any future such census), approved [Illegible Text] 13, 1973 (Ga. L. 1973, p. 2658), as amended by an Act [Illegible Text] April 12, 1982 (Ga. L. 1982, p. 4305), and by an Act [Illegible Text] April 14, 1982 (Ga. L. 1982, p. 5040); to provide an [Illegible Text] date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing for a board of elections in [Illegible Text] county of this state having a population of not less than [Illegible Text] and not more than 73,000 according to the 1970 United [Illegible Text] decennial census or any future such census (now not [Illegible Text] than 158,000 and not more than 168,000 according to the [Illegible Text] United States decennial census or any future such census), [Illegible Text] April 13, 1973 (Ga. L. 1973, p. 2658), as amended by [Illegible Text] Act approved April 12, 1982 (Ga. L. 1982, p. 4305), and by [Illegible Text] Act approved April 14, 1982 (Ga. L. 1982, p. 5040), is repealed [Illegible Text] its entirety. Section 2 . This Act shall become effective on January 1, [Illegible Text]. Section 3 . All laws and parts of laws in conflict with this [Illegible Text] are repealed. Approved March 31, 1988.

Page 697

TEACHERS RETIREMENT SYSTEM OF GEORGIACREDITABLE SERVICE; PREGNANCY; PAYMENT. Code Section 47-3-90 Amended. No. 1245 (House Bill No. 278). AN ACT To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement system of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to the payment required for such creditable service; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (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 employee and employer contributions for the period of creditable service claimed by the member based on the salary of the member immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually from the time of absence because of pregnancy until the date of payment.

Page 698

Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this [Illegible Text] are repealed. Approved March 31, 1988. BUILDINGS AND HOUSINGHOUSING DISCRIMINATION; REVISION OF LAWS. Code Title 8, Chapter 3, Article 4 Revised. No. 1246 (House Bill No. 430). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia [Illegible Text], relating to housing generally, so as to substantially [Illegible Text] completely revise and supersede laws dealing with discrimination in the selling, leasing, and financing of housing; to provide [Illegible Text] a statement of policy; to provide for definitions; to prohibit [Illegible Text] actions or activities or refusals to act relative to the [Illegible Text] or rental of housing, dwellings, or other property; to provide [Illegible Text] exceptions; to prohibit certain activities by banks, building [Illegible Text] loan associations, insurance companies, or other corporations, associations, firms, or enterprises relative to commercial [Illegible Text] estate loans or other financial assistance; to prohibit the [Illegible Text] of access to or membership or participation in any [Illegible Text] service, real estate brokers' organization, or certain [Illegible Text] service organizations or facilities under certain circumstances; to provide for the administration of such laws; to provide [Illegible Text] delegation of functions, duties, and powers; to provide for [Illegible Text]; to provide for cooperation and assistance; to provide [Illegible Text] studies and reports; to provide for educational and [Illegible Text] activities; to provide for civil and criminal actions; to provide [Illegible Text] administrative procedure; to provide for limitations on [Illegible Text]; to provide for confidential information and to prohibit [Illegible Text] release thereof; to provide for injunctions and restraining

Page 699

orders; to provide for penalties; to provide for subpoenas and the issuance and enforcement thereof; to provide for fees; to direct the Attorney General to conduct certain litigation and provide certain services; to provide for practices and procedures; to provide for local ordinances and the validity thereof; to provide for intergovernmental agreements and the publication thereof; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Article 4 of said chapter, relating to discrimination in the sale, lease, or financing of housing, which reads as follows: ARTICLE 4 8-3-200. It is declared to be the public policy of the State of Georgia, in the exercise of its police power for the general welfare and the public health and safety, to assure equal opportunity to all persons to live in decent housing accommodations and to prohibit discrimination because of race, color, sex, religion, or national origin by any person in a transaction involving a housing accommodation. 8-3-201. As used in this article, the term: (1) `Financial institution' means any person engaged in the business of lending money, arranging for the loan of money, or guaranteeing losses in the loan of money in connection with the purchase, sale, rental, or lease of any housing accommodation. (2) `Housing accommodation' means any improved property, including a mobile home unit, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence. (3) `Insurance company' means any person engaged in the business of providing casualty or mortgage insurance to any person in connection with the ownership,

Page 700

possession, lease, or occupancy of any housing accommodation. (4) `Owner' means any person having the right of ownership or possession of or the right to sell, rent, or lease any housing accommodation and includes a lessee, cotenant, builder, or agent thereof. (5) `Person' means any individual, firm, corporation, partnership, or association. (6) `Real estate broker' means a broker, as that term is defined in Code Section 43-40-1. (7) `Real estate salesperson' means a salesman or a salesperson, as those terms are defined in Code Section 43-40-1. 8-3-202. In connection with the sale, purchase, financing, or lease of, or the offer to sell, purchase, finance, or lease, any housing accommodation within the State of Georgia, it shall be unlawful for any owner, financial institution, insurance company, real estate broker, real estate salesperson, or any agent thereof: (1) To refuse to sell, purchase, rent, or lease, or otherwise to deny or withhold, any housing accommodation to or from any person because of that person's race, color, sex, religion, or national origin; (2) To discriminate against a person because of that person's race, color, sex, religion, or national origin in connection with the conditions or privileges of the sale, purchase, rental, or lease of any housing accommodation, or in the furnishing of facilities, insurance coverage, or service in connection therewith; (3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent, or lease any housing accommodation from or to any person because of that person's race, color, sex, religion, or national origin; (4) To refuse to negotiate for the sale, purchase, rental, or lease of any housing accommodation to or from

Page 701

a person because of that person's race, color, sex, religion, or national origin; (5) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental, or lease when in fact it is so available or to refuse to permit a person to inspect any such housing accommodation, because of that person's race, color, sex, religion, or national origin; (6) To make, publish, print, circulate, post, or mail, or cause to be made, published, printed, circulated, posted, or mailed, any notice, statement, or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease, or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease, or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate on the basis of a person's race, color, sex, religion, or national origin; (7) To offer, solicit, accept, or use a listing of any housing accommodation for sale, purchase, rental, or lease with the understanding that a person applying therefor may be subjected to discrimination based on such person's race, color, sex, religion, or national origin in connection with such sale, purchase, rental, or lease, or in the furnishing of facilities or services in connection therewith; (8) To represent explicitly or implicitly, for the purpose of inducing or discouraging or attempting to induce the sale, purchase, rental, or lease, or the listing for the sale, purchase, rental, or lease, of any housing accommodation, that the presence or anticipated presence of persons of any particular race, color, sex, religion, or national origin in the area to be affected by such sale, purchase, rental, or lease will or may result in: (A) The lowering of property values in the area; (B) An increase in criminal or antisocial behavior in the area;

Page 702

(C) A decline in the quality of the schools and other public services in the area; or (D) A material change in the racial, religious, or ethnic composition of the area; (9) To engage in, hire to be done, or conspire with others to commit acts or activities of any nature the purpose of which is to coerce, cause panic, incite unrest, or create or play upon fear, with the purpose of either discouraging or inducing, or attempting to induce, the sale, purchase, rental, or lease, or the listing for the sale, purchase, rental, or lease, of any housing accommodation; (10) To retaliate or discriminate in any manner against a person because such person has opposed a practice declared unlawful by this Code section or because such person has filed a complaint, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing involving this article; (11) To aid, abet, incite, compel, or coerce any person to engage in any of the practices prohibited by this article or to obstruct or prevent any person from complying with this article or any order issued thereunder; (12) Otherwise to deny to or withhold from a person any housing accommodation because of such person's race, color, sex, religion, or national origin; (13) To intimidate or otherwise harass any person in the occupancy, ownership, or leasing of any housing accommodation because of such person's race, color, sex, religion, or national origin; (14) To deny to any person applying therefor casualty or mortgage insurance coverage or a loan or other financial assistance for the purpose of purchasing, constructing, improving, repairing, or maintaining a housing accommodation or to discriminate against such person, directly or indirectly, in the fixing of the terms of coverage or cost of such insurance or the amount, interest rate, duration, or other terms or conditions of such loan or

Page 703

other financial assistance because of the race, color, sex, religion, or national origin of such person or of any person associated with such person in connection with such application for insurance or loan or other financial assistance or of the present or prospective owners, lessees, tenants, or occupants of the housing accommodations in the relative area in which such housing accommodation is located; or (15) To deny to any real estate broker or salesperson access to or membership or participation in any multiplelisting service, real estate broker's organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations or to discriminate against such person in the terms or conditions of such access, membership, or participation because of that person's race, color, sex, religion, or national origin. 8-3-203. A real estate broker, real estate salesperson, financial institution, or insurance company shall be responsible for the acts of its agents, salespersons, or employees and shall be deemed to have violated this article if its agents, salespersons, or employees are found to be in violation of this article, provided that no principal or employer shall be deemed to have violated this article if it is shown that (1) the act of the agent, salesperson, or employee was contrary to the instructions of such principal or employer and (2) the principal or employer did not ratify the act of the agent, salesperson, or employee. 8-3-204. Any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the requirements of this article shall not be prohibited by anything contained in this article from answering truthfully any questions of any prospective buyer or seller of any housing accommodation, whom such person serves as an agent, concerning any matters which, in the opinion of such person, may affect such prospective buyer's or seller's decivion to buy or sell. 8-3-205. The right to own and enjoy property shall remain inviolate; and nothing in this article shall be construed to prevent an owner from disposing of his property as he

Page 704

sees fit under the law. Any person accused under this article shall have a trial by jury. 8-3-206. This article shall not apply to any person who sells or offers to sell a housing accommodation and who does not use the services of a real estate broker or salesperson in connection therewith and who is not engaged in the business of building, buying, or selling housing accommodations. Further, this article shall not apply to the rental or lease of any housing units in a housing accommodation which is occupied as a residence by the owner or a member of the owner's family. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin. 8-3-207. (a) Any person aggrieved by the acts of any real estate broker, any lender, any insurer, or the agents or employees thereof, or any other person subject to the requirements of this article, or by any act which constitutes a violation of Code Section 8-3-202, may institute against any person committing such acts a civil action in any court of record in this state having jurisdiction over the defendant. Any such civil action must be brought within 180 days after the alleged act occurred. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to the plaintiff actual damages and not more than $1,000.00 punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff, provided that the plaintiff, in the opinion of the court, is not financially able to assume the attorney's fees. 8-3-208. (a) Any person who violates any provision of this article shall be guilty of a misdemeanor.

Page 705

(b) If a real estate broker, a real estate salesperson, or an employee thereof is found to be in violation of this article, the Georgia Real Estate Commission, upon receipt of notification of conviction from the court hearing the matter, may suspend the license of the real estate broker or salesperson for a period of not less than 90 days nor more than five years and may, in an appropriate case, revoke the license., and inserting in lieu thereof a new Article 4 to read as follows: ARTICLE 4 8-3-200. It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout the state. 8-3-201. As used in this article, the term: (1) `Administrator' means the administrator of the Office of Fair Employment Practices created under Article 2 of Chapter 19 of Title 45. (2) `Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, or 8-3-204. (3) `Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (4) `Family includes a single individual. (5) `Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (6) `Person aggrieved' means any person who claims to have been injured by a discriminatory housing practice

Page 706

or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur. (7) `State' means the State of Georgia. (8) `To rent' means to lease, to sublease, to let, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. 8-3-202. (a) Except as exempted by subsection (b) of this Code section or Code section 8-3-205, it shall be unlawful: (1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, or national origin; (2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, or national origin; (3) To make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination based on race, color, religion, sex, or national origin, or an intention to make any such preference, limitation, or discrimination; (4) To represent to any person because of race, color, religion, sex, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available; or (5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, or national origin. (b) (1) Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to:

Page 707

(A) Any single-family dwelling sold or rented by an owner; if: (i) Such private individual owner does not own more than three such single-family dwellings at any one time; (ii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family dwellings at any one time; (iii) Such dwelling is sold or rented: (I) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and (II) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of subsection (c) of this Code section; but nothing in this paragraph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (B) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (2) In the case of the sale of any such single-family dwelling by a private individual owner not residing in

Page 708

such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period. (c) For the purposes of subsection (b) of this Code section, a person shall be deemed to be in the business of selling or renting dwellings if: (1) He has, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (2) He has, within the preceding 12 months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (3) He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families. 8-3-203. It shall be unlawful for any bank, building and loan association, insurance company, or other corporation, association, firm, or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion, sex, or national origin of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given, provided that nothing contained in this Code section shall impair the scope or effectiveness of the exception contained in subsection (b) of Code Section 8-3-202.

Page 709

8-3-204. It shall be unlawful to deny any person access to, or membership or participation in, any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation on account of race, color, religion, sex, or national origin. 8-3-205. Nothing in this article shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, or national origin. Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. 8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices. (b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practices or to boards of such employees, including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. (c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively

Page 710

to further the purposes of this article and shall cooperate with the administrator to further such purposes. (d) The administrator shall: (1) Make studies with respect to the nature and extent of discriminatory housing practices in representative communities, urban, suburban, and rural, throughout the state; (2) Publish and disseminate reports, recommendations, and information derived from such studies; (3) Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; and (4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article. 8-3-207. The administrator shall commence such educational and conciliatory activities as in the administrator's judgment will further the purposes of this article. The administrator shall call conferences of persons in the housing industry and other interested parties to acquaint them with this article and the administrator's suggested means of implementing this article, and shall endeavor with their advice to work out programs of voluntary compliance and of enforcement. The administrator shall consult with state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in this state, and whether and how enforcement programs might be utilized to combat such discrimination in connection with the administrator's enforcement of this article. The administrator shall issue reports on such conferences and consultations as the administrator deems appropriate. 8-3-208. (a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing

Page 711

practice that is about to occur may file a complaint with the administrator. Complaints shall be in writing and shall contain such information and be in such form as the administrator requires. Upon receipt of such a complaint the administrator shall furnish a copy of the same to the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice. Within 30 days after receiving a complaint, or within 30 days after the expiration of any period of reference under subsection (c) of this Code section, the administrator shall investigate the complaint and give notice in writing to the person aggrieved whether the administrator intends to resolve it. If the administrator decides to resolve the complaint, the administrator shall proceed to attempt to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, or persuasion. Nothing said or done in the course of such informal endeavors may be made public or used as evidence in a subsequent proceeding under this article without the written consent of the persons concerned. Any employee of the Office of Fair Employment Practices who shall make public any information in violation of this subsection shall be guilty of a misdemeanor. (b) A complaint under subsection (a) of this Code section shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against the respondent and with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his or her answer at any time. Both complaints and answers shall be verified. (c) If within 30 days after a complaint is filed with the administrator, the administrator has been unable to obtain voluntary compliance with this article, the person aggrieved may, within 30 days thereafter, commence a civil action in any appropriate superior court, against the respondent named in the complaint, to enforce the rights granted or protected by this article, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory

Page 712

housing practice has occurred or is about to occur, the court may, subject to the provisions of Code Section 8-3-210, enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate. Any person instituting a civil action under this Code section shall be required to file with the complaint an affidavit which shall set forth specifically the act or violation complained of and the factual basis for each such claim. (d) In any proceeding brought pursuant to this Code section, the burden of proof shall be on the complainant. (e) Whenever an action filed by an individual in a superior court pursuant to this Code section or Code Section 8-3-210 shall come to trial the administrator shall immediately terminate all efforts to obtain voluntary compliance. 8-3-209. (a) In conducting an investigation the administrator shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided that the administrator first complies with the provisions of the Foruth Amendment to the Constitution of the United States, relating to unreasonable searches and seizures. The administrator may issue subpoenas to compel access to or the production of such materials or the appearance of such persons and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in a superior court in which the investigation is taking place. The administrator may administer oaths. (b) Upon written application to the administrator, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the administrator to the same extent and subject to the same limitations as subpoenas issued by the administrator. Any subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at his or her request.

Page 713

(c) Witnesses summoned by subpoena of the administrator shall be entitled to the same witness and mileage fees as are witnesses in proceedings in superior courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her. (d) Within five days after service of a subpoena upon any person, such person may petition the administrator to revoke or modify the subpoena. The administrator shall grant the petition if the administrator finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous, or for other good reason. (e) In case of contumacy or refusal to obey a subpoena, the administrator or other person at whose request it was issued may petition for its enforcement in the superior court of the county in which the person to whom the subpoena was addressed resides or transacts business. (f) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in his power to do so, in obedience to the subpoena or lawful order of the administrator, shall be guilty of a misdemeanor. Any person who, with intent thereby to mislead the administrator, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the administrator pursuant to the administrator's subpoena or other order, or who shall willfully neglect or fail to make or cause to be made full, true, and correct entries in any such report, account, record, or other document, or who shall willfully mutilate, alter, or by an other means falsify any documentary evidence, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00. (g) The Attorney General shall conduct all litigation in which the administrator participates as a party or as amicus pursuant to this article.

Page 714

8-3-210. (a) The rights granted by Code Sections 8-3-202, 8-3-203, and 8-3-204 may be enforced by civil actions in appropriate superior courts. A civil action shall be commenced within 180 days after the alleged discriminatory housing practice occurred, provided that the court shall continue such civil case brought pursuant to this Code section or subsection (c) of Code Section 8-3-208 from time to time before bringing it to trial if the court believes that the conciliation efforts of the administrator are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the administrator and which practice forms the basis for the action in court; provided, further, that any sale, encumbrance, or rental consummated prior to the issuance of any court order issued under the authority of this article and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this article shall not be affected. Any person instituting a civil action under this chapter shall be required to file with the complaint an affidavit which shall set forth specifically the act or violation complained of and the factual basis for each such claim. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, and may award to the plaintiff actual damages and not more than $1,000.00 punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff, if the plaintiff, in the opinion of the court, is not financially able to assume said attorney's fees. 8-3-211. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this article, or that any group of persons has been denied any of the rights granted by this article and such denial raises an issue of general public importance, he may bring a civil action in any appropriate court by filing with it a complaint setting forth the facts and requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons

Page 715

responsible for such pattern or practice or denial of rights, as he deems necessary to ensure the full enjoyment of the rights granted by this article. 8-3-212. Any court in which a proceeding is instituted under Code Section 8-3-210 or 8-3-211 shall assign the case for hearing at the earliest practicable date and cause the case to be expedited. 8-3-213. A political subdivision of this state may adopt verbatim the discriminatory housing practices of this article as a local ordinance but may not expand or reduce the rights granted by this article. 8-3-214. The administrator may cooperate with federal and local agencies charged with the administration of federal and local fair housing laws or ordinances and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the administrator may enter into written agreements with such federal or local agencies. All agreements and terminations thereof shall be published in the Official Compilation of the Rules and Regulations of the State of Georgia. 8-3-215. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of such persons having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Code Section 8-3-202, 8-3-203, or 8-3-204. This Code section may be enforced by appropriate civil action. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 716

OPTOMETRISTSADVERTISING; TRADE NAMES. Code Section 43-30-5.1 Enacted. No. 1247 (House Bill No. 816). AN ACT To amend Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, so as to provide that any truthful written or broadcast advertising for eye exam services, whether regional or national by any optical firm with more than seven locations in the State of Georgia shall not be required to list the name of the optometrist in the advertisement provided those optometrists practicing under a trade name at a specific location shall be identified to any person inquiring by telephone; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by adding following Code Section 43-30-5 a new Code Section 43-30-5.1 to read as follows: 43-30-5.1. Any truthful written or broadcast advertising for eye exam services whether regional or national by any optical firm with more than seven locations in the State of Georgia shall not be required to list the name of the optometrist in the advertisement provided those optometrists practicing under a trade name at a specific location shall be identified to any person inquiring by telephone. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 717

STATE HOUSING TRUST FUND FOR THE HOMELESS ACTENACTMENT; COMMISSION; TRUST FUND. Code Sections 8-3-300 through 8-3-310 Enacted. No. 1248 (House Bill No. 1339). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide for the creation and establishment of the State Housing Trust Fund for the Homeless; to provide for a State Housing Trust Fund for the Homeless Commission; to provide for appointment of the commission; to prescribe the terms, qualifications, and duties of the members of the commission; to provide for disbursements from the trust fund; to provide selection criteria for activities to be funded through the trust fund; 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 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 8-3-300. This article shall be known and cited as the `State Housing Trust Fund for the Homeless Act.' 8-3-301. As used in this article, the term: (1) `Authority' means the Georgia Residential Finance Authority created in Code Section 8-3-173. (2) `Commission' means the State Housing Trust Fund for the Homeless Commission created in Code Section 8-3-306. (3) `Low-income persons' means persons or families who lack the income necessary, as determined solely by

Page 718

the commission, to enable them, without financial assistance, to secure safe, sanitary, decent, and affordable housing. (4) `Member' means a member appointed to serve on the State Housing Trust Fund for the Homeless Commission. (5) `Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a residential housing project. (6) `Residential housing project' means a program designed to enhance residential housing opportunities for low income persons. Such projects include, but are not limited to, financing in whole or part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assistance programs designed to enhance home ownership opportunities. (7) `Trust fund' means the State Housing Trust Fund for the Homeless created in Code Section 8-3-302. (8) `Homeless' means persons and families who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent and affordable. 8-3-302. The State Housing Trust Fund for the Homeless is created as a separate fund in the state treasury. The fund shall be expended only as provided in this article. 8-3-303. The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts appropriated or otherwise donated to such trust fund. All funds appropriated to or otherwise paid or credited to the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. 8-3-304. The director of the Fiscal Division of the Department of Administrative Services shall invest trust fund money in the same manner in which state funds are invested

Page 719

as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. 8-3-305. The Fiscal Division of the Department of Administrative Services shall be authorized to draw a warrant or warrants upon the trust fund upon receipt of an order for payment of the State Housing Trust Fund for the Homeless Commission, which order for payment has been approved by the Governor. 8-3-306. (a) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the persons occupying the positions of chairperson and executive director of the Georgia Residential Finance Authority, and the Governor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing, and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the balance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (b) The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint committees as it deems appropriate. (c) The commission shall hire no staff but shall contract with the Georgia Residential Finance Authority for professional, technical, and clerical support from the Georgia Residential Finance Authority as required. In the event that the Georgia Residential Finance Authority is unable to provide the professional, technical, or clercial services required, the commission may hire outside consultants on a specified project basis.

Page 720

(d) Any and all appropriations made to the trust fund pursuant to the general appropriations Act or the supplemental appropriations Act shall be directed through the Department of Community Affairs. The commission shall submit its budget to and through the Department of Community Affairs. 8-3-307. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in physical attendance at a commission meeting, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Notwithstanding the foregoing, no member shall receive said expense allowance or travel reimbursement if said member is entitled to receive an expense allowance or travel reimbursement or salary for performance of duties on some other state board, commission, or entity, by whatever name called, for work performed on that day in the same location. Expense allowances and travel reimbursement shall be paid from moneys appropriated or otherwise available to the trust fund. 8-3-308. The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The date for the first meeting shall be at the call of the chairperson of the board of directors of the Georgia Residential Finance Authority; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available moneys from the trust fund for residential housing projects; and (5) Maintain or cause to be maintained records of all expenditures of the commission, all funds received, and all disbursements made.

Page 721

8-3-309. The commission may accept federal funds granted by Congress or executive order for the purposes of residential housing projects and gifts, grants, and donations from individuals, private organizations, or foundations. All funds received in this manner shall be transmitted to the director of the Fiscal Division of the Department of Administrative Services for deposit in the trust fund to be disbursed as other moneys in the trust fund. 8-3-310. (a) The commission may authorize the disbursement of available money from the trust fund for residential housing projects sponsored by a qualified sponsor. The commission may consult, as appropriate, with persons with varied and diverse interests in housing in order to acquaint them with the trust fund and to solicit information relating to housing needs, residential housing projects, and criteria for selection of residential housing projects. The criteria for making such disbursement decisions shall include, but not be limited to, the following: (1) The number of persons assisted; (2) The leveraging of money or in-kind services by a qualified sponsor; (3) The geographic distribution of residential housing projects; (4) The availability of other forms of assistance; and (5) Any and all other factors bearing upon the advisability and necessity of the residential housing project. (b) Funds may also be disbursed from the trust fund to pay expenses of the commission, to pay any and all operating expenses, and to pay for professional, technical, and clerical services provided the commission by the Georgia Residential Finance Authority or by other outside sources. Section 2 . This Act shall become effective on January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 722

CORONERSFEES; ABOLITION OF OFFICE BY LOCAL LAWS; MEDICAL EXAMINERS; POWERS, DUTIES, QUALIFICATIONS, AND COMPENSATION. Code Section 45-16-27 Amended. Code Section 45-16-80 Enacted. No. 1249 (House Bill No. 1350). AN ACT To amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to change certain fees relating to investigations and impaneling of juries by coroners; to authorize the General Assembly by local law to abolish the office of coroner and establish in lieu thereof the office of medical examiner in any county of this state; to provide for conditions for that local law; to provide for qualifications of medical examiners and the waiver thereof; to provide for appointments, service, compensation, expenses, functions, powers, rights, and duties of medical examiners and the office thereof; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-27, relating to when postmortem examinations or autopsies are to be performed and inquests to be held, and inserting in its place a new subsection (b) to read as follows: (b) Effective January 1, 1989, coroners shall be entitled to an investigation fee of $100.00 where no jury is impaneled and a fee of $100.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid by the county where the inquest is held except in counties where the coroner

Page 723

receives an annual salary, in which case no fee shall be imposed upon the county. Section 2 . Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 45-16-80. (a) In any county of this state the General Assembly by local law is authorized to abolish the office of coroner and establish in lieu thereof the office of medical examiner, which medical examiner shall have the qualifications, powers, and duties provided in this Code section, and who shall be appointed and compensated and have the expenses of office paid as provided in this Code section. The local law abolishing the office of coroner shall specify the effective date of such abolition, which date shall be the date the office of medical examiner is established for the county to which that local law is applicable. (b) A local law abolishing the office of coroner pursuant to this Code section shall comply with the provisions of Code Section 1-3-11, requiring referenda approval on abolishing certain offices. (c) To be eligible for the office of medical examiner, as established pursuant to this Code section, a person shall: (1) Have a doctor of medicine degree and be licensed to practice medicine under the provisions of Chapter 34 of Title 43; (2) Be eligible for certification by the American Board of Pathology; and (3) Have at least one year of medico-legal training or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state, or federal level. (d) The requirements for medical examiners established pursuant to paragraphs (2) and (3) of subsection (c) of this Code section may be waived by the governing authority of

Page 724

any county in which the office of medical examiner is established pursuant to this Code section but may not be waived for any person for a longer period than one year. (e) The medical examiner for any county in which the office of medical examiner is established pursuant to this Code section shall be appointed by the governing authority of that county, shall serve at the pleasure of that governing authority, shall be compensated in an amount determined by that governing authority, and all expenses of the office of such medical examiner shall, subject to county budgetary limitations, be paid from the general funds of that county. (f) All of the functions, powers, rights, and duties of and heretofore exercised by the coroner of a county for which is established the office of medical examiner pursuant to this Code section with reference to post-mortem examinations and autopsies shall be performed and exercised by the medical examiner of that county, except that medical examiner shall have no authority to summon and impanel a jury to hold inquests. (g) A medical examiner whose office is established for a county pursuant to this Code section shall be authorized to perform all of the functions prescribed for a coroner under the provisions of Article 2 of Chapter 16 of Title 45, the `Georgia Post-Mortem Examination Act,' except that medical examiner shall have no authority to summon and impanel a jury to hold inquests. (h) The provisions of Article 2 of Chapter 16 of Title 45, the `Georgia Post-Mortem Examination Act,' including but not limited to the penalty provisions, shall apply in all cases regarding a medical examiner whose office is established pursuant to this Code section, except the provisions relating to the holding of inquests shall not apply. (i) A medical examiner whose office is established for a county pursuant to this Code section shall not be required to meet any county residency requirements established by Code Section 45-2-1. (j) Nothing in this Code section shall be construed to affect any medical examiner whose office was established

Page 725

or authorized by any amendment to the Constitution continued pursuant to Article XI, Section I, Paragraph IV of the Constitution. Section 3 . This Act shall become effective on April 30, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESINVESTMENTS BY EXECUTORS AND TRUSTEES; PRUDENT PERSON; LIABILITY. Code Section 53-8-2 Amended. No. 1250 (House Bill No. 1435). AN ACT To amend Code Section 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, so as to change certain provisions relating to the definition of a prudent person; to change the factors that the fiduciary may consider in making investment decisions; to provide that individual investments shall be considered as a part of an overall investment strategy; to provide a method for determining the propriety of an investment decision; to provide the factors which shall be considered in any determination of liability for investment performance; 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 53-8-2 of the Official Code of Georgia Annotated, relating to the standard for investments by executors and trustees, is amended by striking subsections (b) and

Page 726

(c) of said Code section in their entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows: (b) In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of another, an executor or trustee shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making investment decisions, an executor or trustee may consider the general economic conditions, the anticipated tax consequences of the investment, the anticipated duration of the account, and the needs of its beneficiaries. (c) Within the limitations of the standard provided in subsection (b) of this Code section and considering individual investments as part of an overall investment strategy, an executor or trustee is authorized to acquire and retain every kind of property (real, personal, or mixed) and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common. The propriety of an investment decision is to be determined by what the executor or trustee knew or should have known at the time of the decision about the inherent nature and expected performance of the investment (including probable yield), the attributes of the portfolio, the general economy, and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment, but also the performance of the individual's portfolio as a whole. Within the limitations of such standard, an executor or trustee may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. 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, 1988.

Page 727

GEORGIA HAZARDOUS WASTE MANAGEMENT ACTDESIGNATED HAZARDOUS WASTE; DEFINITIONS; RULES AND REGULATIONS; PROCEEDINGS; RELEASES INTO THE ENVIRONMENT. Code Sections 12-8-62, 12-8-64, 12-8-65, and 12-8-71 Amended. No. 1251 (House Bill No. 1563). AN ACT To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Hazardous Waste Management Act, so as to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to hazardous waste; to revise the powers and duties of the director of the Environmental Protection Division as to hazardous waste generally; to clarify the proceedings before the director when there has been a release of hazardous waste or hazardous constituents into the environment; 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, known as the Georgia Hazardous Waste Management Act, is amended by striking Code Section 12-8-62, relating to definitions, and inserting in lieu thereof a new Code Section 12-8-62, to read as follows: 12-8-62. As used in this article, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (1.1) `Designated hazardous waste' means any solid waste identified as such in regulations promulgated by the board. The board may identify as `designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly

Page 728

treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1988, if such solid waste contains any substance which is listed on any one or more of the following lists: (A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1988; (B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1988; (C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, in force and effect on February 1, 1988; (D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1988; (E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1988; or (F) Proposed list of chemicals and chemical categories, as set forth in 50 Fed. Reg. 21168-21179, June 4, 1987. (2) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (3) `Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into

Page 729

the air or discharged into any waters, including ground waters. (4) `Division' means the Environmental Protection Division of the Department of Natural Resources. (5) `Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended. (5.1) `Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment. (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. (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, 1988, codified as Appendix VIII to 40 C.F.R. Part 261Identification 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, 1988,

Page 730

codified as 40 C.F.R. Section 261.3 and any designated hazardous waste. (8) `Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste. (9) `Hazardous waste generation' means the act or process of producing hazardous waste. (10) `Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal. (10.1) `Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. (11) `Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (11.1) `Organization' means a legal entity, other than a government agency or authority, 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. (12) `Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government.

Page 731

(12.1) `Serious bodily injury' means a 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. (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, 1988, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a). (14) `Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (15) `Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point. (16) `Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. Section 2 . Said article is further amended by striking Code Section 12-8-64, relating to the powers and duties of the board, in its entirety and inserting in lieu thereof a new Code Section 12-8-64 to read as follows: 12-8-64. In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions

Page 732

of this article as the board may deem necessary to provide for the control and management of hazardous waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations shall include, but shall not be limited to, the following: (A) Rules and regulations governing and controlling standards applicable to hazardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage, or disposal facilities. These rules and regulations may include measures to ensure that hazardous waste management practices are regulated, governed, and controlled in the public interest. Such measures may include, but shall not be limited to: (i) The establishment of record-keeping procedures; (ii) Requirements calling for the submission of reports to the director; and (iii) The establishment of monitoring practices; (B) Rules and regulations governing and controlling the treatment, storage, and disposal of hazardous waste; (C) Rules and regulations specifying the terms, provisions, and conditions under which the director shall issue, modify, amend, revoke, or deny permits pursuant to this article; (D) Rules and regulations governing and controlling hazardous waste management; (E) Rules and regulations establishing procedures and requirements for the reporting of the generation

Page 733

of hazardous wastes and governing and controlling the activities of hazardous waste generators; (F) Rules and regulations establishing standards and procedures for the operation and maintenance of hazardous waste facilities; (G) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes; (H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regulations adopted under this article; (I) Rules and regulations establishing procedures and requirements for the use and disposition of hazardous waste or hazardous constituents; (J) Rules and regulations deleting certain solid wastes from the definition of hazardous waste; (K) Rules and regulations exempting from some or all regulation certain small quantities of hazardous waste; (L) Rules and regulations exempting from some or all regulation certain hazardous wastes that are recyclable; and (M) Rules and regulations designating certain solid wastes as designated hazardous wastes; and (2) Take all necessary steps to ensure the effective enforcement of this article. Section 3 . Said Article is further amended by striking Code Section 12-8-65, relating to powers and duties of the director as to hazardous waste, and inserting in lieu thereof a new Code Section 12-8-65, to read as follows:

Page 734

12-8-65. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations, orders, or permits promulgated or issued hereunder; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to hazardous waste management practices in this state as he deems advisable and necessary; (3) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits; (4) To make investigations, analyses, and inspections to determine and ensure compliance with this article, the rules and regulations promulgated hereunder, and any permits or orders which the director may issue; (5) To enter into such contracts as may be required or necessary to effectuate this article or the rules and regulations promulgated under this article; (6) To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this article or the federal act, or both, for the control, regulation, and monitoring of hazardous waste management practices in this state; (7) To develop and implement plans to achieve goals and objectives set by any comprehensive plan or program; (8) To conduct such public hearings as are required by this article or as he deems necessary for the proper administration of this article and to control and manage the conduct and procedure for such public hearings; (9) To advise, consult, cooperate, and contract on hazardous waste management matters with other agencies

Page 735

of this state, political subdivisions thereof, and other designated organizations or entities, and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities, provided that nothing in this article shall authorize the division to own or operate a hazardous waste storage, treatment, or disposal facility; (10) To collect and disseminate information and to provide for public notification in matters relating to hazardous waste management; (11) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this article and all rules or regulations promulgated hereunder; (12) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, civil, or criminal proceedings to enforce this article, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder; (13) To accept, receive, administer, or disburse grants from public or private sources for the purpose of the proper administration of this article or for the purpose of carrying out any of the duties, powers, or responsibilities hereunder; (14) To grant variances in accordance with this article and the rules and regulations promulgated hereunder, provided that such variances are not inconsistent with the federal act and rules or regulations promulgated thereunder; (15) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article; (16) To assure that the State of Georgia complies with the federal act and retains maximum control thereunder and receives all desired federal grants, aid, and other benefits;

Page 736

(17) To require any person who is generating, transporting, treating, storing, or disposing of hazardous waste to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity and identifying the hazardous waste handled, and any other information which may be deemed relevant, under such conditions as the director may prescribe; (18) To maintain an inventory of hazardous wastes within the state, including such information as location, identity, quantity, method of storage, rate of accumulation, disposal practices, and any other information which the director may deem necessary to administer and enforce this article; (19) To exclude from regulation under this article the solid waste at any particular generating facility if it is determined that such solid waste does not pose a danger to human health or the environment; (20) To establish hazardous waste management standards for the state, provided that they are in all cases not less stringent than those standards provided by the federal act; (21) To take all necessary steps to ensure that the administration of this article is consistent with and equivalent to the provisions of the federal act and any standards, rules, or regulations promulgated thereunder toward the end that the State of Georgia shall have maximum control over hazardous waste management practices in this state; and (22) To exercise all incidental powers necessary to carry out the purposes of this article. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper. Section 4 . Said Article is further amended by striking Code Section 12-8-71, relating to proceedings before the director, in

Page 737

its entirety, and inserting in lieu thereof a new Code Section 12-8-71, to read as follows: 12-8-71. (a) Whenever the director has reason to believe that a violation of any provision of this article, a violation of any rule or regulation of the board, or a violation of any order of the director has occurred, the director shall attempt to remedy the same by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of this article, the rules and regulations, or the order alleged to have been violated and may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. (b) Whenever the director has reason to believe that there is or has been a release of hazardous waste or hazardous constituents into the environment, regardless of the time at which release of such hazardous waste or hazardous constituents occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, and persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person, including any past or present generator, past or present transporter, or past or present owner or operator of a hazardous waste treatment, storage, or disposal facility, who has contributed or who is contributing to such release. The order may direct that necessary corrective action be taken within a reasonable time to be prescribed in the order. (c) Any order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-8-73. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 738

Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. PUBLIC OFFICERS AND EMPLOYEESSTATE EMPLOYEES PHYSICALLY DISABLED IN LINE OF DUTY OR BY WILLFUL ACT OF VIOLENCE; COMPENSATION. Code Section 45-7-9 Amended. No. 1252 (Senate Bill No. 28). 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 a state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to his regular compensation for the period of time that such state employee 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 state employee is entitled to receive workers' compensation benefits; to provide certain exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 7 of Title 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 striking in its entirety Code Section 45-7-9, relating to compensation for certain line-of-duty injuries of law enforcement

Page 739

officers, firemen, employees of the Department of Corrections, and employees of the State Board of Pardons and Paroles, which reads as follows: 45-7-9. (a) As used in this Code section, the term: (1) `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. (2) `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. (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. (c) An employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, fireman,

Page 740

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., and inserting in lieu 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) `Agency' means every state department, agency, board, bureau, commission, and authority, except the Department of Transportation. (2) `Full-time' means an employee who regularly works 30 hours or more each week. (3) `Injured in the line of duty' means an injury which arises out of or in the course of employment. Going to or from work shall not be considered in the line of duty. (4) `State employee' means a full-time employee of an agency. (b) Any state employee who becomes physically disabled as a result of a physical injury incurred in the line of duty

Page 741

and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to receive compensation as provided in this Code section. (c) Any person 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 which the employee is awarded and shall be limited to the difference between the amount of workers' compensation benefits actually paid and the amount of the employee's regular compensation. (e) Any employee of the Department of Corrections, employee of the State Board of Pardons and Paroles, employee of the Department of Natural Resources, employee of the Department of Revenue, 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. (f) This Code section shall not apply to employees of the Department of Transportation covered by Code Section 32-2-7. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 742

HEALTHDENTURES AND DENTAL PROSTHESES; MARKINGS. Code Section 31-1-7 Enacted. No. 1253 (Senate Bill No. 98). AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, so as to provide for the marking of all dentures and other removable dental prostheses with the name or social security number of the intended wearer; to provide for the method and manner of such markings; to provide for exceptions; 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 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions pertaining to health, is amended by adding a new Code Section to the end of said chapter to read as follows: 31-1-7. (a) Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed in Georgia shall, upon the request of the patient, be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist. (b) If, in the professional judgment of the dentist, this marking is not practicable, the marking shall be as follows: (1) The initials of the patient may be shown if the use of the full name or social security number is impossible; or

Page 743

(2) The marking may be omitted entirely if none of the markings so specified are practical or clinically safe. (c) Any removable dental prosthesis in existence prior to July 1, 1988, shall be marked in accordance with this Code section at the time of any subsequent rebasing. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. PROBATE COURTSTHE COUNCIL OF PROBATE COURT JUDGES OF GEORGIA; CREATION; JURY TRIALS IN COUNTIES OF MORE THAN 100,000. Code Section 15-9-15 Enacted. Code Section 15-9-120 Amended. No. 1254 (Senate Bill No. 411). AN ACT To amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, so as to establish The Council of Probate Court Judges of Georgia; to provide for officers and organization; to provide for the purpose of the council; to provide for expenses; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 744

Section 1 . Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions concerning probate courts, is amended by adding at the end thereof a new Code Section 15-9-15 to read as follows: 15-9-15. (a) There is created a council to be known as `The Council of Probate Court Judges of Georgia.' The council shall be composed of the judges and judges emeriti of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, first vice president, second vice president, secretary-treasurer, and such other officers and committees as the council shall deem necessary. (b) It shall be the purpose of The Council of Probate Court Judges of Georgia to effectuate the constitutional and statutory responsibilities conferred on it by law and to further the improvement of the probate courts and the administration of justice. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose or from other funds available to the council. Section 2 . Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Probate court' means a probate court of a county having a population of more than 100,000 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 745

PROBATE COURTSOFFICIAL CODE OF GEORGIA ANNOTATED; COPIES; JURY TRIALS IN COUNTIES OF MORE THAN 100,000. Code Sections 15-9-30 and 15-9-120 Amended. No. 1255 (Senate Bill No. 412). AN ACT To amend Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, so as to provide the judge of the probate court of each county a copy of the Official Code of Georgia Annotated and annual supplements to such Code; to provide that the costs of such Code and maintenance thereof for the benefit of the probate judge of each county shall be paid by the governing authority of the county from the county law library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-9-30 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the probate courts, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) To assure proper administration of the court's duties, the judge of the probate court of each county shall be furnished a copy of the Official Code of Georgia Annotated and annual supplements to the Code to keep it current. The costs of such Code and maintenance thereof shall be paid

Page 746

by the governing authority of each such county from the county library fund, if sufficient, otherwise any additional amount required shall be paid from the general funds of the county. Section 2 . Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Probate court' means a probate court of a county having a population of more than 100,000 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. PROBATE COURTSJUDGES; TRAINING; EXPENSES; JURY TRIALS IN COUNTIES OF MORE THAN 100,000. Code Sections 15-9-1.1 and 15-9-120 Amended. No. 1256 (Senate Bill No. 413). AN ACT To amend Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, so as to provide for the payment and reimbursement of expenses of required training incurred by each probate judge elect; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, so as to change the definition of probate courts to which the provisions relating to certain

Page 747

civil practice procedures apply to include probate courts in counties having a population of more than 100,000 according to the United States decennial census of 1980 or any future such census; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 15-9-1.1 of the Official Code of Georgia Annotated, relating to required training courses for judges of the probate courts, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but he shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority. Section 2 . Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions and jury trials in certain probate courts, is amended by striking paragraph (2) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Probate court' means a probate court of a county having a population of more than 100,000 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 748

GRAIN DEALERSFINANCIAL STATEMENTS; AUDITS; CERTIFICATION; EXAMINATION OF RECORDS OF UNLICENSED PERSONS. Code Sections 2-9-32 and 2-9-41 Amended. No. 1257 (Senate Bill No. 440). AN ACT To amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide that the financial statements of certain applicants for a license or renewal shall be exempt from certain audit and certification requirements; to provide for examination of the ledgers, books of accounts, memoranda, and other documents of unlicensed persons, partnerships, corporations, or other entites; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, is amended by striking paragraph (3) of subsection (b) of Code Section 2-9-32, relating to application for a license or renewal, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any,

Page 749

shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 2-9-34. Section 2 . Said article is further amended by striking subsection (b) of Code Section 2-9-41, relating to investigations of grain dealers or persons, partnerships, corporations, or other entities engaging in transactions involving grain, and inserting in lieu thereof a new subsection (b) to read as follows: (b) For such purposes, the Commissioner or his agents may examine the ledgers, books of accounts, memoranda, and other documents which relate to the transaction involved, at the place or places of business of the applicant, licensee, or unlicensed person, partnership, corporation, or other entity, and may take testimony thereon under oath. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 750

GEORGIA STATE WAREHOUSE ACTBOOKS AND RECORDS; LICENSES; FINANCIAL STATEMENTS; AUDITS. Code Section 10-4-10 Amended. No. 1258 (Senate Bill No. 441). AN ACT To amend Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the Georgia State Warehouse Act, so as to provide that if a warehouseman operates two or more warehouses in the same county, in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses; to change the provisions relating to licenses; to provide that the financial statements of certain applicants for a license or renewal shall be exempt from certain audit and certification requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-4-10 of the Official Code of Georgia Annotated, relating to the annual license required for the operation of a warehouse under the Georgia State Warehouse Act, is amended by striking subsections (a) and (c) and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) No person shall operate a warehouse as defined under this article in this state unless he has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse; provided, however, that this provision shall not prohibit the delivery of property received at a warehouse prior to July 1, 1954, or during the effective period of any license issued under this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse

Page 751

nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county, in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses. (c) (1) Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include: (A) A balance sheet; (B) A profit and loss statement of income; (C) A statement of retained earnings; and (D) A statement of changes in financial position. (2) The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named. (3) Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately

Page 752

meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. ELECTIONSREGISTRATION OF VOTERS; SCHOOL EMPLOYEES; RECORDS; CLOSING BOOKS; REMOVAL OF NAMES UPON REQUESTS OF ELECTORS. Code Title 21, Chapters 2 and 3 Amended. No. 1259 (Senate Bill No. 508). AN ACT To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for elections generally, so as to provide that each principal or assistant principal of every public or private high school and the director of each area vocational school may register to vote persons employed by the private high school or by the school system; to provide that applications for voter registration which are refused by registration officers shall be placed on file and maintained for at least 20 years from the date of refusal; to delete the requirement that a copy of the certified supplemental list of electors be filed with the clerk of the superior court prior to general primaries and elections and special primaries and elections; to exclude Saturdays, Sundays, and legal holidays from the five-day period of time for the closing of the voter

Page 753

registration books prior to a special primary or election; to provide a procedure whereby a voter may request and have his name removed from the electors list; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for municipal elections, so as to provide that each principal or assistant principal of evey public or private high school and the director of each area vocational school may register to vote persons employed by the school system; to exclude Saturdays, Sundays, and legal holidays from the fiveday period of time for the closing of the voter registration books prior to a special primary or election; to provide that applications for voter registration which are refused by registration officers shall be placed on file and maintained for at least 20 years from the date of refusal; to provide that the registration cards of all electors whose registration is canceled, purged, rejected, or removed for any reason shall be maintained for a period of not less than 20 years; to provide a procedure whereby a voter may request and have his name removed from the electors list; 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 registration of voters for elections generally, is amended by striking in its entirety subsection (c) of Code Section 21-2-212, relating to the appointment of county deputy registrars, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy to the board of registrars for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the private high school or by the school system. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on

Page 754

behalf of such student's respective county of residence. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this subsection. Code Section 21-2-213 shall not apply to the principal or assistant principal of any public or private high school or the director of any area vocational school who serves as a deputy registrar by virtue of this subsection. Section 2 . Said article is further amended by striking in its entirety Code Section 21-2-226, relating to retention of records of applicants refused registration, and inserting in lieu thereof a new Code Section 21-2-226 to read as follows: 21-2-226. In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other records of the board of registrars for at least 20 years from the date of refusal. Section 3 . Said article is further amended by striking in its entirety subsection (b) of Code Section 21-2-227, relating to procedure for registration of persons to vote in general primaries and elections other than November elections, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The registrars shall 30 days prior to such primary or election, other than the November general election, cease taking applications to qualify persons to vote in such primary or election and shall, as soon as practicable thereafter but in no event later than five days prior to such primary or election, pass upon such qualifications in the same manner as in other cases and file with the Secretary of State a certified supplemental list showing the names of additional electors who are entitled to vote at such primary or election subsequent to the preceding November election. The registrar shall determine and place on the official electors list each elector's

Page 755

proper congressional district, state Senate district, state House district, county commissioner district, if any, and county board of education 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. Any person whose name appears on 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 21-2-235. The registrar shall purge such list before filing the names of all persons who will not be qualified to vote at such primary or election. All electors on such list shall have the same rights as to the primaries and elections held subsequent to primaries or elections as persons on the list for the preceding November election. Section 4 . Said article is further amended by striking in its entirety Code Section 21-2-228, relating to registration of persons to vote in special primaries and elections, and inserting in lieu thereof 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, excluding Saturdays, Sundays, and legal holidays and, if such date is a Saturday, 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 dead-line for the special primary or special election shall be the same as the general election. The registrars shall then prepare

Page 756

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 Secretary of State within ten business 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 5 . Said article is further amended by adding at the end thereof a new Code Section 21-2-246 to read as follows: 21-2-246. A voter may request to have such voter's name removed from the electors list by making a written request under oath to the registrars. Upon receiving such request, the registrars shall remove the voter's name from the electors list and shall confirm such removal by written

Page 757

notice by first-class mail, sent to the address on the voter's registration card. Section 6 . Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters for municipal elections, is amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 21-3-120, relating to appointment and compensation of registrars and deputy registrars, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Each principal or assistant principal of every public or private high school and the director of each area vocational school in this state shall be a deputy registrar for the purpose of registering as electors only those qualified applicants who are enrolled students within the principal's or director's school or who are employed by the private high school or by the school system. Notwithstanding any other provision of law, in high schools or area vocational schools which are attended by students who reside in a municipality other than the municipality in which the school is located or who reside in a municipality which lies outside of the county in which the school is located, the principal or assistant principal of such high school and the director of such area vocational school are authorized to register each qualified applicant who is enrolled as a student in the school on behalf of such student's respective municipality of residence. Such principals or assistant principals and directors shall inform their students of the powers conferred upon such officials by this Code section and shall provide reasonable and convenient procedures to enable students who are qualified applicants to register. The principal of each public or private high school and the director of each area vocational school are authorized to invite a deputy registrar to the school to register as electors those persons whom the principal or director would be authorized to register under this paragraph. Section 7 . Said article is further amended by striking in its entirety Code Section 21-3-126, relating to the deadline for receiving registration applications, and inserting in lieu thereof 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 758

(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, excluding Saturdays, Sundays, and legal holidays, and if such date is a Saturday, Sunday, or a legal holiday, then on the next following business day, 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

Page 759

not more than 50 days prior to such primary or election, cease taking applications to qualify persons to vote in such primary or election; (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, excluding Saturdays, Sundays, and legal holidays, and if such date is a Saturday, 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 8 . Said article is further amended by striking in its entirety Code Section 21-3-130, relating to retention of records of applicants refused registration, and inserting in lieu thereof a new Code Section 21-3-130 to read as follows: 21-3-130. In the event an applicant is refused registration by the registration officers, the application of such person and other material and records relative thereto shall be placed on file with the other registration records of the board of registrars for at least 20 years from the date of refusal.

Page 760

Section 9 . Said article is further amended by adding between Code Sections 21-3-130 and 21-3-131 a new Code Section 21-3-130.1 to read as follows: 21-3-130.1. Municipal registrars shall provide for the retention for a period of not less than 20 years of the registration cards of all electors whose registration is canceled, purged, rejected, or removed for any reason. Section 10 . Said article is further amended by adding at the end thereof a new Code Section 21-3-143 to read as follows: 21-3-143. In municipalities maintaining their own electors lists, a voter may request to have such voter's name removed from the electors list by making a written request under oath to the registrars. Upon receiving such request, the registrars shall remove the voter's name from the electors list and shall confirm such removal by written notice by first-class mail, sent to the address on the voter's registration card. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. CRIMES AND OFFENSESFALSE IDENTIFICATION DOCUMENTS. Code Section 16-9-4 Enacted. No. 1260 (Senate Bill No. 511). AN ACT To amend Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, so as to make it unlawful to knowingly manufacture,

Page 761

sell, or distribute false identification documents; to define a certain term; to provide penalties; 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 16 of the Official Code of Georgia Annotated, relating to forgery and related offenses, is amended by adding at the end thereof a new Code Section 16-9-4 to read as follows: 16-9-4. (a) As used in this Code section, the term `identification document' means any document issued by a government agency containing a description of the person or 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. (b) (1) It shall be unlawful for any person to knowingly manufacture, sell, or distribute a false identification document. (2) Any person who violates paragraph (1) of this subsection on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of this subsection for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 762

CRIMES AND OFFENSESBAD CHECKS; PARTIES WHO MAY PROSECUTE AN ACTION. Code Section 16-9-20 Amended. No. 1261 (Senate Bill No. 556). 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 specify the parties who may prosecute an action under this Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the issuance of bad checks, is amended by adding at the end thereof a new subsection (k) to read as follows: (k) An action under this Code section may be prosecuted by the party initially receiving a worthless check, draft, or order or by any subsequent holder in due course of any such worthless check, draft, or order. 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, 1988.

Page 763

CRIMES AND OFFENSESTHEFT BY CONVERSION OF LEASED OR RENTED PERSONAL PROPERTY. Code Section 16-8-4 Amended. Code Section 16-8-19 Repealed. No. 1262 (Senate Bill No. 599). AN ACT To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, so as to change certain provisions relating to the crime of theft by conversion to include conversion of leased or rented personal property; to repeal certain provisions relating to the offense of conversion of leased personal property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft offenses, is amended by striking subsection (a) of Code Section 16-8-4, relating to the offense of theft by conversion, and inserting in its place a new subsection (a) to read as follows: (a) A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own. Section 2 . Said article is further amended by striking Code Section 16-8-19, relating to the offense of conversion of leased personal property, which reads as follows:

Page 764

16-8-19. (a) A person commits the offense of conversion of leased personal property when he converts to his own use any personal property which has been delivered under the terms of a lease or rental agreement in violation of the agreement and to the damage of the owner or lessor. (b) For the purpose of this Code section, an intentional conversion shall be presumed to have occurred whenever a person to whom personal property has been rented or leased shall knowingly and in violation of his agreement: (1) Sell, exchange, or otherwise dispose of the property or any part of it without the express consent of the owner or lessor; (2) Cause or permit the property or any part of it to be either concealed or removed so as to hinder, delay, or prevent its lawful recovery by the owner or lessor; or (3) Fail or refuse without a lawful reason to surrender the property or any part of it to the owner or lessor upon demand following the expiration or lawful termination of the agreement. (c) Any person violating subsection (a) of this Code section commits a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than two years, except if the value of the property converted is $100.00 or less, the person violating subsection (a) of this Code section shall, upon conviction, be punished as for a misdemeanor., in its entirety and inserting in lieu thereof the following: 16-8-19. Reserved. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988.

Page 765

ELECTIONSMUNICIPAL OFFICERS ELECTED IN 1986; LOCAL LAWS; TERMS. Code Section 21-3-64 Amended. No. 1263 (Senate Bill No. 625). AN ACT To amend Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide additional authority for the enactment of such local laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-3-64 of the Official Code of Georgia Annotated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, is amended by designating the present language of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Notwithstanding the provisions of Code Section 1-3-11 or any other provision of this chapter, the General Assembly is authorized to provide by local law for any municipality that has terms of municipal office of four years that municipal officers elected in 1986 shall serve until December 31, 1991, and for the election of successors to said officers in a municipal election held in 1991. 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, 1988.

Page 766

STATE EMPLOYEES' HEALTH INSURANCE PLANEMPLOYEES OF THE PEACE OFFICERS' ANNUITY AND BENEFIT FUND AND THE GEORGIA FIREMEN'S PENSION FUND. Code Section 45-18-7.3 Enacted. No. 1264 (House Bill No. 1212). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to authorize the State Personnel Board to contract with the Peace Officers' Annuity and Benefit Fund of Georgia and the Georgia Firemen's Pension Fund for the inclusion in the health insurance plan of employees of such funds and their spouses and dependent children; to provide for regulations; to provide for contributions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by adding, following Code Section 45-18-7.2, a new Code Section 45-18-7.3 to read as follows: 45-18-7.3. The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund of Georgia and Georgia Firemen's Pension Fund for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund and Georgia Firemen's Pension Fund and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity and Benefit Fund and Georgia Firemen's Pension Fund to deduct from the salary or other remuneration of its employees such payment as may be required

Page 767

under the board's regulations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund and Georgia Firemen's Pension Fund to make the employer contributions required for the operation of such plan or plans. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 31, 1988. MR. ROGER L. UNDERWOODCOMPENSATION. No. 62 (House Resolution No. 547). A RESOLUTION Compensating Mr. Roger L. Underwood; and for other purposes. WHEREAS, on September 2, 1986, Mr. Roger L. Underwood entered the Youthful Offender Correctional Institution in Hardwick, Georgia; and WHEREAS, during entrance and processing, Mr. Underwood was ordered to place his personal property and belongings in the custody of employees of the Department of Corrections; and WHEREAS, all of such personal property and belongings are now missing and unaccounted for; and WHEREAS, Mr. Underwood has suffered loss of personal property totaling $1,324.89; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Underwood and it is only fitting and proper that he be reimbursed for his loss.

Page 768

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 $1,034.95 to Mr. Roger L. Underwood 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, 1988. KENNETH MCCARTHY BRIDGE DESIGNATED. No. 63 (House Resolution No. 549). A RESOLUTION Designating the Kenneth McCarthy Bridge; and for other purposes. WHEREAS, Mr. Kenneth McCarthy was a long-standing resident of Camden County, Georgia, and was widely recognized as an unparalleled community and civic leader; and WHEREAS, his unselfish service to his community and state was an inspiration to all who knew him; and WHEREAS, in recognition of his numerous contributions to the life of his community, it is only fitting and proper that the State of Georgia perpetuate his name in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Pine Isle Road Bridge located on Interstate 95 in Camden County, Georgia, is designated as the Kenneth McCarthy Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Kenneth McCarthy Bridge.

Page 769

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 transportation and to the family of Mr. Kenneth McCarthy. Approved March 31, 1988. MOORE'S MILL BRIDGE DESIGNATED. No. 64 (House Resolution No. 551). A RESOLUTION Designating the Moore's Mill Bridge; and for other purposes. WHEREAS, John Keller Moore established a wheat mill, saw mill, corn mill, and cotton gin in Cherokee County which became known as Moore's Mills; and WHEREAS, a thriving community existed around Moore's Mills for many years; and WHEREAS, it is only fitting and proper that the existence of this community and the many contributions of the Moore family to Cherokee County be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge located on State Highway 108 crossing Shoal Creek in Cherokee County is designated as the Moore's Mill Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markings designating the Moore's Mill Bridge. Approved March 31, 1988.

Page 770

MR. GREG HARDENCOMPENSATION. No. 65 (House Resolution No. 573). A RESOLUTION Compensating Mr. Greg Harden; and for other purposes. WHEREAS, on August 26, 1987, Mr. Greg Harden visited the Robert Toombs House State Park in Washington, Georgia; and WHEREAS, on this visit Mr. Harden parked his 1980 Cadillac Seville in the designated visitor parking lot of said state park; and WHEREAS, at approximately 12:00 noon a large limb fell from a tree in the parking area onto Mr. Harden's automobile causing damage to said vehicle in the amount of $1,720.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Harden 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 Natural Resources is authorized and directed to pay the sum of $1,720.00 to Mr. Greg Harden 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 occurence. Approved March 31, 1988.

Page 771

STEPHENS COUNTYLEASE OF STATE OWNED PROPERTY. No. 66 (House Resolution No. 579). A RESOLUTION Authorizing the lease of a certain tract of state owned property; to provide an effective date; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract of land and the improvements thereon located in Stephens County, Georgia; and WHEREAS, the Department of Public Safety prior to 1970 used such tract of land for a State Patrol Barracks; and WHEREAS, Stephens County donated a 3.99 acre tract of land for use by the state as a State Patrol Barracks; and WHEREAS, Stephens County leased for a period of 15 years the certain hereinbelow described land and improvements thereon as authorized by Resolution Act No. 232, H.R. 603-1280, approved April 10, 1968 (Ga. L. 1968, p. 1367); and WHEREAS, Stephens County subsequently subleased the property to the Toccoa Chamber of Commerce in May of 1973; and WHEREAS, the lease agreement between the State of Georgia and Stephens County expires May 2, 1988; and WHEREAS, the sublease agreement between Stephens County and the Toccoa Chamber of Commerce expires May 1, 1988; and WHEREAS, Stephens County desires to continue this lease agreement with the state for an additional 15 year period; and WHEREAS, the property is currently not needed by the State of Georgia and, therefore, is surplus; and

Page 772

WHEREAS, said real property is all that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and within the corporate limits of the City of Toccoa, Georgia, and more particularly described as follows: Beginning at a point, the same being the northeast intersection of State Highways No. 17 and 13, thence along the north side of right-of-way of State Highway No. 13, north 82-3/4 east 150 feet to an iron pin; thence north 7-1/4 west 76 feet to a stake on the right-of-way of the Southern Railway Company; thence along said Southern Railway Company right-of-way south 79-3/4 west 167 feet to a stake on the east side of the old right-of-way of State Highway No. 17; thence 59-1/2 feet to the beginning corner, according to plat and survey of M. B. Collier, County Surveyor, dated June 1, 1940; and WHEREAS, the deed vesting title to the above-described tract or parcel of land in the State of Georgia is recorded in Deed Book 89, Folio 543-4 of the Deed Records of Stephens 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 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 State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of land to Stephens County subject to the following conditions: (1) That the term of the lease agreement shall be for a period of 15 years from the date of the agreement but shall not extend beyond May 2, 2003; (2) That the consideration for the lease shall be $100.00 per year or $1,500.00, payable prior to delivery of the agreement;

Page 773

(3) That the lease agreement shall provide that either party may terminate the lease agreement upon 90 days' written notice; (4) That during the entire term of the lease agreement the lessee shall be responsible for any repairs, maintenance, utility payments, or any other expenses in regard to the use and upkeep of the property (this includes but is not limited to costs involved with heating and cooling of premises, plumbing, and roof repair); (5) That this property shall not be subleased without prior written approval of the State Properties Commission; (6) Such other terms and conditions as determined by the State Properties Commission 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 leasing. Section 4 . That a resolution authorizing the conveyance of certain real property located in Stephens County, approved April 10, 1968 (Ga. L. 1968, p. 1367), is repealed in its entirety on May 2, 1988. Section 5 . That this resolution shall become effective 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. Approved March 31, 1988.

Page 774

MR. CLIFFORD W. SMITHCONVEYANCE OF STATE OWNED REAL PROPERTY. No. 67 (House Resolution No. 585). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith; 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 Calhoun, Gordon County, Georgia; and WHEREAS, said real property is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Calhoun, Georgia; and in Land Lot 206 of the 14th District of Gordon County, Georgia, and being more particularly described as follows, to wit: To find the POINT OF BEGINNING, begin at a point formed by the intersection of the easterly right-of-way line of King Street with the southerly right-of-way line of Court Street; running thence easterly south 82 degrees 54[UNK] east along the southerly right-of-way line of Court Street a distance of 80[UNK], more or less, to an iron pin set, the POINT OF BEGINNING; thence running southerly 18 degrees 57[UNK] west a distance of 279.4[UNK], more or less, to an iron pin set on the northerly right-of-way of Oothcalooga Street; thence running southerly 75 degrees 55[UNK] east along the northerly right-of-way line of Oothcalooga Street a distance of 38[UNK], more or less, to an iron pin set in the northerly right-of-way line of Oothcalooga Street; thence running northerly a distance of 270[UNK], more or less, to the POINT OF BEGINNING. (said tract or parcels shall be more particularly described by a plat of survey obtained by the purchaser and presented to and approved by the State Properties Commission); and

Page 775

WHEREAS, the State of Georgia currently has the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and WHEREAS, Mr. Clifford W. Smith owns property adjoining the above-described property; and WHEREAS, the General Assembly (Ga. L. 1980, p. 1484), authorized conveyance of the above property to Mr. Clifford W. Smith for a consideration of $5,130.00 and such further considerations and provisions as directed by the State Properties Commission, pursuant to Resolution Act No. 133, H. R. 507-1312, approved April 2, 1980 (Ga. L. 1980, p. 1484); and WHEREAS, this conveyance was not consummated; and WHEREAS, Mr. Clifford W. Smith is still desirous of obtaining all of the above-described real property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described 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 conveyance of the above-described real property shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Georgia by appropriate instrument. Section 3 . That, notwithstanding Resolution Act 47 passed by the 1979 regular session of the General Assembly (Ga. L. 1979, p. 1363), the State of Georgia, acting by and through its State Properties Commission is authorized to sell and convey the above-described real property by appropriate instrument to Mr. Clifford W. Smith for a consideration of not less than the fair market value and upon such further considerations, terms, and conditions as directed by the State Properties Commission.

Page 776

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 be filed with the State Properties Commission and accompanied by a plat of the property conveyed, the plat or drawing of the property, the conveyance of which is authorized by this resolution, presented to and approved by the State Properties Commission, shall constitute an acceptable plat for filing. Section 5 . That a resolution, Resolution Act No. 133, H. R. 507-1312, authorizing the conveyance of certain state owned real property located in Gordon County, Georgia, to Mr. Clifford W. Smith, approved April 2, 1980 (Ga. L. 1980, p. 1484), is repealed in its entirety. Section 6 . That this resolution shall become effective 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 hereby repealed (specifically, 1980 RA 133). Approved March 31, 1988. MS. ANGIE CALLAWAYCOMPENSATION. No. 69 (House Resolution No. 588). A RESOLUTION Compensating Ms. Angie Callaway; and for other purposes. WHEREAS, on August 16, 1987, Ms. Angie Callaway was proceeding south on Thornton Road in Cobb County, approaching the intersection of Blairbridge and Skyview Drive; and WHEREAS, Ms. Callaway directed her automobile into the left turn lane and struck an island which was not marked with reflectors or warning devices; and

Page 777

WHEREAS, the impact of striking the unmarked island caused damage to her automobile in the amount of $1,764.19 and resulted in personal injury loss to Ms. Callaway in the amount of $1,122.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Angie Callaway and it is only fitting and proper that she be reimbursed for her 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 $383.95 to Ms. Angie Callaway 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, 1988. JASPER T. COPELAN BRIDGE DESIGNATED. No. 70 (House Resolution No. 590). A RESOLUTION Designating the Jasper T. Copelan Bridge; and for other purposes. WHEREAS, Mr. Jasper T. Copelan was an outstanding citizen of Greene County; and WHEREAS, he was instrumental in helping obtain the right of way for State Highway 44 out of Greensboro toward Eatonton; and WHEREAS, he rode a horse until he was 91 years old, having to ford Richland Creek before the county built a bridge and later paved the highway; and

Page 778

WHEREAS, he and his wife, Sara, were members of Walker's Methodist Church like his mother and father before him and his children, grandchildren, and great-grandchildren today; and WHEREAS, Mr. Copelan 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 Mr. Copelan should be recognized by naming in his honor the bridge across Richland Creek on State Highway 44 in Greene County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge across Richland Creek on State Highway 44 about seven and one-half miles from Greensboro in Greene County is designated the Jasper T. Copelan Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate markers designating such bridge as the Jasper T. Copelan Bridge. Approved March 31, 1988. LEASE OF STATE OWNED PROPERTY IN THE CITY OF ATLANTA, FULTON COUNTY AUTHORIZED. No. 71 (House Resolution No. 591). A RESOLUTION Authorizing the leasing of certain state owned property located in the City of Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, said property is under the custody and management of the State Properties Commission; and

Page 779

WHEREAS, the leasing of said property for a period not to exceed five years was authorized by Resolution Act No. 27, H.R.76, approved March 29, 1983 (Ga. L. 1983, p. 978); and WHEREAS, said property was leased for a period beginning February 27, 1984, and expiring March 1, 1989; and WHEREAS, new legislative approval is required before renewal of this lease for an additional period beyond March 1, 1989, not to exceed five years; and WHEREAS, the State of Georgia is the owner of approximately 1.5 acres located in Fulton County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Fulton County, Georgia, and being more particularly described as follows: All that certain parcel or tract of real property situate, lying and being in Fulton County, Georgia, and being more particularly described as follows: Beginning at a point located at coordinate y 1,365,150.38 x 434,204.20 and running thence along an azimuth of 136 degrees 11[UNK] 59[UNK] a distance of 69.23 feet to a point located at coordinate y 1,365,200.35 x 432,156.28; running thence along an azimuth of 140 degrees 04[UNK] 20[UNK] a distance of 40.19 feet to a point located at coordinate y 1,365,231.17 x 432,130.48; running thence along an azimuth of 149 degrees 30[UNK] 43[UNK] a distance of 25.72 feet to a point located at coordinate y 1,365,253.34 x 432,117.43; running thence along an azimuth of 125 degrees 41[UNK] 56[UNK] a distance of 25.83 feet to a point located at coordinate y 1,365,268.41 x 432,096.45;

Page 780

running thence along an azimuth of 139 degrees 31[UNK] 08[UNK] a distance of 109.72 feet to a point located at coordinate y 1,365,351.86 x 432,025.23; running thence along an azimuth of 133 degrees 43[UNK] 17[UNK] a distance of 39.60 feet to a point located at coordinate y 1,365,379.24 x 431,996.60; running thence along an azimuth of 176 degrees 43[UNK] 24[UNK] a distance of 00.88 feet to a point located at coordinate y 1,365,380.11 x 431,996.55; running thence along an azimuth of 134 degrees 57[UNK] 04[UNK] a distance of 8.27 feet to a point located at coordinate y 1,365,385.95 x 431,990.70; running thence along an azimuth of 135 degrees 04[UNK] 49[UNK] a distance of 10.08 feet to a point located at coordinate y 1,365,393.09 x 431,983.58; running thence along an azimuth of 134 degrees 27[UNK] 36[UNK] a distance of 11.99 feet to a point located at coordinate y 1,365,401.49 x 431,975.02; running thence along an azimuth of 133 degrees 56[UNK] 19[UNK] a distance of 12.03 feet to a point located at coordinate y 1,365,409.84 x 431,966.36; running thence along an azimuth of 126 degrees 13[UNK] 26[UNK] a distance of 11.70 feet to a point located at coordinate y 1,365,416.75 x 431,956.92; running thence along an azimuth of 144 degrees 55[UNK] 25[UNK] a distance of 7.00 feet to a point located at coordinate y 1,365,422.48 x 431,952.90;

Page 781

running thence along an azimuth of 246 degrees 43[UNK] 41[UNK] a distance of 28.84 feet to a point located at coordinate y 1,365,433.87 x 431,979.40; running thence along an azimuth of 308 degrees 30[UNK] 10[UNK] a distance of 51.90 feet to a point located at coordinate y 1,365,401.56 x 432,020.01; running thence along an azimuth of 324 degrees 42[UNK] 32[UNK] a distance of 5.16 feet to a point located at coordinate y 1,365,397.35 x 432,022.99; running thence along an azimuth of 213 degrees 52[UNK] 06[UNK] a distance of 8.94 feet to a point located at coordinate y 1,365,404.77 x 432,027.97; running thence along an azimuth of 303 degrees 24[UNK] 42[UNK] a distance of 288.86 feet to a point located at coordinate y 1,365,245.71 x 432,269.09; running thence along an azimuth of 034 degrees 17[UNK] 10[UNK] a distance of 2.96 feet to a point located at coordinate y 1,365,243.26 x 432,267.43; running thence along an azimuth of 034 degrees 01[UNK] 44[UNK] a distance of 6.09 feet to a point located at coordinate y 1,365,238.21 x 432,264.02; running thence along an azimuth of 034 degrees 05[UNK] 50[UNK] a distance of 6.24 feet to a point located at coordinate y 1,365,233.04 x 432,260.52; running thence along an azimuth of 129 degrees 36[UNK] 30[UNK] a distance of 1.51 feet to a point located at coordinate y 1,365,234.00 x 432,259.36;

Page 782

running thence along an azimuth of 033 degrees 24[UNK] 48[UNK] a distance of 100.18 feet to a point located at coordinate y 1,365,150.38 x 432,204.20; All grid coordinate referenced being based on the Georgia State Plane Coordinate System. The above-described real property being the real property designated as PARCEL NO. 2 on a certain plat of survey entitled PROPERTY OF STATE OF GEORGIA W A RAILROAD BETWEEN WHITEHALL-PEACHTREE AND CENTRAL AVENUE dated October 11, 1963, revised February 1, 1971 and further revised May 27, 1971, and prepared by State Highway Department of Georgia, Division of Surveys and Aerial Mapping, more particularly by Joe V. Evans, Georgia Registered Land Surveyor No. 1105, revised by Division of Surveys and Aerial Mapping, more particularly by John O. Rosser, Jr., Georgia Registered Land Surveyor No. 1267; and WHEREAS, the property is currently not needed by the State of Georgia and, therefore, is surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia is the owner of the above-described property and that, in all matters relating to the leasing of the property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State Properties Commission is authorized to lease any or all of the above-described property beyond March 1, 1989, for a period not to exceed five years, and upon such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia. Section 3 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.

Page 783

Section 4 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1988. CITY OF WINDERANNEXATION OF STATE OWNED REAL PROPERTY. No. 72 (House Resolution No. 621). A RESOLUTION Consenting to the annexation of certain state owned real property located in Barrow County into the municipal limits of the City of Winder; and for other purposes. WHEREAS, the State of Georgia is the owner of Fort Yargo State Park, consisting of 1,814.39 acres, more or less, located in Barrow County and partially within the city limits of the City of Winder; and WHEREAS, the City of Winder is desirous of annexing into its municipal limits the portion of Fort Yargo State Park not presently located therein; and WHEREAS, the City of Winder has proposed to expand its efforts to promote the enjoyment of Fort Yargo State Park by all citizens of the State of Georgia through efforts designed to entice tourists and others to Fort Yargo State Park and the City of Winder; and WHEREAS, Fort Yargo State Park would also benefit from annexation by increased availability of city services to its users and the assistance of the City of Winder in controlling development

Page 784

of the drainage basin leading to Fort Yargo State Park; and WHEREAS, the County Commission of Barrow County has indicated through its chairman that it does not oppose such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly and the State of Georgia grant their consent to the annexation by the City of Winder of the portion of Fort Yargo State Park not presently located within the corporate limits thereof, subject to compliance with any and all other lawful requirements. BE IT FURTHER RESOLVED that this resolution shall constitute the consent, request, and application of the State of Georgia as the owner of Fort Yargo State Park pursuant to Code Sections 36-36-2 and 36-36-22 of the Official Code of Georgia Annotated. Approved March 31, 1988. GORDON COUNTYLEASE OF STATE OWNED REAL PROPERTY IN GORDON COUNTY. No. 73 (House Resolution No. 702). A RESOLUTION Authorizing the leasing of certain state owned property located in Gordon County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, said property is under the custody and management of the State Properties Commission; and WHEREAS, the leasing of said property for a period not to exceed 20 years was authorized by Resolution Act No. 6, H.R. 188-490, approved April 1, 1969 (Ga. L. 1969, p. 209); and

Page 785

WHEREAS, said property was leased for a period beginning May 6, 1969, and expiring May 5, 1989; and WHEREAS, new legislative approval is required before renewal of this lease for an additional period not to exceed 20 years beyond May 5, 1989; and WHEREAS, the State of Georgia is the owner of approximately 28 acres located in Gordon County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Gordon County, Georgia, and being more particularly described as follows: All that tract or parcel of land situate, lying and being in the Fourteenth District and Third Section of Gordon County, Georgia, being parts of Land Lots 124 and 125, and consisting of approximately 28 acres of undeveloped land adjoining the property owned by the Callhoun Elks Home, Inc. Said 28 acres is a part of approximately 202 acres conveyed to the State of Georgia on November 19, 1956, by the New Echota Cherokee Foundation, Inc., and such 28 acres being more particularly described as follows: COMMENCING at a point where the northern boundary of the right-of-way of Georgia Highway 225 intersects New Town Creek, and proceeding in a generally westerly direction along the northern boundary of Georgia Highway 225 for a distance of 1,817 feet to a point; thence north 10 degrees east for a distance of 210 feet to a point; thence north 86 degrees west for a distance of 210 feet to a point; thence east for a distance of 1,820 feet to a point and the intersection of New Town Creek; and thence in a generally southerly direction along the meanderings of said New Town Creek for a distance of 907.8 feet to a point which is the point of beginning; and WHEREAS, the property is currently not needed by the State of Georgia and, therefore, is surplus. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 786

Section 1 . That the State of Georgia is the owner of the above-described property and that, in all matters relating to the leasing of the property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State Properties Commission is authorized to lease any or all of the above-described property for a period not to exceed 20 years beyond May 5, 1989, and upon such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia. Section 3 . That the consideration for the use of the above premises shall be $500.00 per calendar year beginning May 6, 1989, and payable thereafter on or before May 6 in each and every succeeding year during the said term. Section 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 5 . That this resolution shall become effective as law immediately 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. Approved March 31, 1988.

Page 787

CITY OF HELENAEASEMENT UNDER STATE OWNED REAL PROPERTY. No. 74 (House Resolution No. 707). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to grant the City of Helena an easement upon and under certain real property owned by the State of Georgia in Telfair County, Georgia, for the construction, operation, maintenance, repair, and improvement of certain water service facilities; 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 Telfair County, Georgia, which is under the custody of the Department of Corrections and will be utilized as a site for a correctional institution; and WHEREAS, the State of Georgia, acting by and through its Department of Corrections, plans to enter into an agreement with the City of Helena in order to provide water service to the planned Telfair Correctional Institution; and WHEREAS, pursuant to negotiations between the City of Helena and the Department of Corrections, the City of Helena has agreed to cooperate in the construction of certain facilities which will directly benefit the Department of Corrections in connection with the planned correctional facility and will benefit the city with respect to its water distribution system; and WHEREAS, the City of Helena has agreed to construct, maintain, and operate a 400,000 gallon water storage tank facility and reserve 50 percent of the storage capacity for institutional use; and WHEREAS, the City of Helena has requested that an easement be granted to permit construction and maintenance of the water storage tank facility; and WHEREAS, it is beneficial to the State of Georgia to authorize and grant an easement for the above-mentioned purposes.

Page 788

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, hereinafter 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 to grant to the City of Helena, a political subdivision of the State of Georgia, an easement for the construction, installation, operation, maintenance, repair, and improvement of a 400,000 gallon water storage tank facility within an area containing.71 acre and more particularly described in a survey entitled Survey for City of Helena, Land Lot 205, 10th District, Telfair County dated January 15, 1988, by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, of Georgia Land Services, Eastman, Georgia, a copy of which is on file in the office of the State Properties Commission. Section 3 . That the water service agreement between the Georgia Department of Corrections and the City of Helena must be submitted to the State Properties Commission for approval. Section 4 . That the term of the easement shall be perpetual so long as the above-described premises is used for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said 400,000 gallon water storage tank facility and that the agreement contain such other reasonable terms and conditions as the State Properties Commission shall determine to be in the best interests of the State of Georgia. Section 5 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. Section 6 . That the consideration for such easement shall be $10.00 and the mutual benefit to the parties from the construction, operation, and maintenance of the facilities placed on the easement area.

Page 789

Section 7 . 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 State Properties Commission and accompanied by a plat of the property conveyed, the plat of survey dated January 15, 1988, and described in Section 2 of this resolution shall constitute an acceptable plat for filing with the State Properties Commission unless the Department of Corrections, the City of Helena, and the State Properties Commission agree to substitute another plat of survey. Section 8 . That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval. Section 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1988. W. L. PUG MABRY HIGHWAY DESIGNATED. No. 75 (House Resolution No. 720). A RESOLUTION Designating that portion of State Highway 9 within the boundaries of the City of Roswell as the W. L. Pug Mabry Highway; and for other purposes. WHEREAS, the Honorable W. L. Pug Mabry has been serving as Mayor of the City of Roswell, Georgia, for 21 years; and WHEREAS, Mayor Mabry, through his exemplary leadership and personal commitment, has led the City of Roswell through a challenging period of growth and development to a secure place among the outstanding municipalities of this state; and

Page 790

WHEREAS, Mayor Mabry's foresight and forthright determination have brought unparalleled progress and a sense of destiny to the citizens of Roswell and its surrounding environs; and WHEREAS, Mayor Mabry's leadership has provided the guidance that has made the Roswell community a highly desirable place to live, work, and play; and WHEREAS, it is only fitting and proper that the portion of State Highway 9 within the boundaries of the City of Roswell be named in honor of Mayor Mabry. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 9 within the boundaries of the City of Roswell is designated the W. L. Pug Mabry Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said highway as provided in this resolution. 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 transportation and to Honorable W. L. Pug Mabry. Approved March 31, 1988.

Page 791

WILLIAM H. FREEMAN MEMORIAL BRIDGE DESIGNATED. No. 76 (House Resolution No. 725). A RESOLUTION Designating the William H. Freeman Memorial Bridge; and for other purposes. WHEREAS, Mr. William Harvey Freeman was a native and lifelong resident of Wilkinson County; and WHEREAS, Mr. Freeman was a widely known and wellrespected civic leader in Toomsboro, Georgia, serving as postmaster of Toomsboro for many years; and WHEREAS, Mr. Freeman and his family owned and farmed property in Wilkinson County for over 80 years; and WHEREAS, Mr. Freeman generously granted a right of way through his property for the construction of Georgia Highway 57; and WHEREAS, in recognition of his many contributions to the life of his community, it is fitting and proper to designate a bridge in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate that bridge located on Georgia Highway 57, one and one-half miles east of Toomsboro, Georgia, and crossing Camp Creek, as the William H. Freeman 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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the

Page 792

Department of Transportation and to the family of Mr. William Harvey Freeman. Approved March 31, 1988. SAVANNAH RIVER SCENIC HIGHWAY DESIGNATED. No. 77 (House Resolution No. 747). A RESOLUTION Designating the Savannah River Scenic Highway; and for other purposes. WHEREAS, the Savannah River basin is a region rich in scenic, historic, cultural, and recreational resources; and WHEREAS, the region is served by a major connecting highway that roughly parallels the waterways along the Georgia-South Carolina state lines, making accessible numerous attractions of interest to the history buff and tourist, as well as the outstanding recreational opportunities afforded by Clarks Hill reservoir; and WHEREAS, it is believed that the potential of the region as a tourist attraction would be greatly enhanced by giving a distinctive name to this highway; and WHEREAS, identification of the region as a special historic district would support the promotional efforts of these entities: the planning boards of the several affected counties, chambers of commerce, and councils of governments; and WHEREAS, the continuous route could be promoted as a side trip off I-20 from the northeast or as a continuation of S. C. 11, the Cherokee Foothills Scenic Highway; and WHEREAS, it is the intent of the General Assembly that the attention of Georgians and others be focused on this special region of the state.

Page 793

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to designate Georgia Highway 28 beginning where that highway crosses the Georgia-South Carolina line, northwest of the City of Augusta, extending through the city to the Georgia-South Carolina line, southeast of the city, as the Savannah River Scenic Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place appropriate signs at appropriate locations designating said highway as provided in this resolution. 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, 1988. MR. JACK PRINCE AND DELTA Y CORPORATIONCOMPENSATION. No. 78 (House Resolution No. 749). A RESOLUTION Compensating Mr. Jack Prince, Delta Y Corporation, Inc.; and for other purposes. WHEREAS, on October 8, 1986, a 1981 Chevrolet truck owned by Delta Y Corporation was being operated by Mr. Jack Prince on State Highway 280 in Cobb County, Georgia; and WHEREAS, the State Highway 5 bridge over State Highway 280 had been struck and damaged by a hit-and-run driver on an earlier date; and

Page 794

WHEREAS, as Mr. Prince's vehicle passed under the bridge, loose pieces of concrete fell and struck the hood and windshield of such vehicle; and WHEREAS, Mr. Prince and Delta Y Corporation suffered property damage to the vehicle totaling $1,007,57; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Prince and it is only fitting and proper that Mr. Prince 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 $1,007,57 to Mr. Jack Prince, Delta Y Corporation, 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, 1988. CHATHAM COUNTYCONVEYANCE OF ESTATE FOR YEARS IN STATE OWNED REAL PROPERTY. No. 79 (House Resolution No. 756). A RESOLUTION Authorizing the conveyance of an estate for years in certain real property owned by the State of Georgia in Chatham County, Georgia, to Chatham 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 Chatham County, Georgia, hereafter referred to as the premises, which real property is more fully described as follows:

Page 795

All that tract of real property located in what was formerly a portion of Travis Field in the 8th G.M. District of Chatham County, Georgia, containing 3.68 acres, as shown on that certain plat of real property survey dated December 14, 1987, prepared for Chatham County, Georgia, by Thomas Hutton Engineering Co., more particularly Octavio Arango, Georgia Registered Land Surveyor No. 2141, (His File J-5489) (the plat), and from said plat being more particularly described as follows: COMMENCING at the intersection of the South right-of-way line of Grumman Road and the East right-of-way line of the Central of Georgia Railroad (a 50 foot right-of-way); thence South 24 degrees 45 minutes 00 seconds East a distance of 799.99 feet to a concrete marker found on the East right-of-way line of the Central of Georgia Railroad; thence North 58 degrees 31 minutes 00 seconds East a distance of 126.68 feet to an iron pin set on the East right-of-way line of the Department of Corrections entrance road, and the POINT OF BEGINNING; thence North 58 degrees 31 minutes 00 seconds East, (passing through a concrete marker found), a distance of 367.52 feet to a concrete marker set, (which concrete marker set is 851.75 feet, and South 58 degrees 31 minutes 00 seconds West from a concrete marker found); from said concrete marker set, thence South 11 degrees 31 minutes 30 seconds East, (through a concrete marker found), a distance of 475.08 feet to a point; thence South 64 degrees 15 minutes 30 seconds West a distance of 331.51 feet along the North boundary of a 30 feet right-of-way to an iron pin set; thence North 25 degrees 03 minutes 40 seconds West a distance of 34.50 feet to an iron pin set; thence along the edge of existing pavement of the Department of Corrections entrance road and a right curve whose radius is 796.30 feet, an arc distance of 226.21 feet to an iron pin set; thence continuing along the edge of existing pavement North 08 degrees 43 minutes 45 seconds West a distance of 100.93 feet to an iron pin set; thence, continuing along the edge of existing pavement, along a left curve whose radius is 784.82 feet, an arc distance of 71.49 feet to an iron pin set; the POINT OF BEGINNING; and

Page 796

WHEREAS, the Board of Commissioners of Chatham County, Georgia, a political subdivision of the State of Georgia, desire to obtain an estate for years in the premises for the purpose of constructing and operating facilities of the county jail; and WHEREAS, the premises are in the custody of the Department of Corrections of the State of Georgia; and WHEREAS, the power to deal with and dispose of state owned property is vested in the General Assembly. 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 premises and in all matters relating to the conveyance of an estate for years in the premises, the State of Georgia shall act by and through the State Properties Commission. Section 2 . That the State Properties Commission is authorized to convey to Chatham County, Georgia, an estate for years of five years in the premises upon such terms and conditions as the State Properties Commission shall determine after coordination with the Department of Corrections. Permission to use the adjacent Department of Corrections entrance road may also be given, by easement appurtenant, license or otherwise, as determined by the State Properties Commission. Section 3 . That without changing the identity of the premises, technical revisions may be made in the plat and legal description with the approval of the State Properties Commission. Section 4 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1988.

Page 797

B. T. PARKS MEMORIAL BRIDGE DESIGNATED. No. 80 (House Resolution No. 794). A RESOLUTION Designating the B. T. Parks Memorial Bridge; and for other purposes. WHEREAS, Mr. B. T. Parks was a distinguished citizen of the City of Eton and the State of Georgia; and WHEREAS, he served in the Civilian Conservation Corps in Company 488 on Holly Creek during 1934, was a houseparent at Cherokee Boys Estate, and was a Mason; and WHEREAS, he was the husband of the late Edith Tankersley Parks and father of Mr. Larry Parks, Mr. Leon Parks, and Mrs. Jeanette Hamby; and WHEREAS, he was reelected to the office of mayor of Eton in 1975 after having held that office during the early 1960's, and continued to serve until his death in 1983; and WHEREAS, in recognition of the many contributions he made to improve the quality of life for the citizens of the City of Eton it is only fitting and proper to designate and name a bridge in his memory. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Georgia Highway 2 crossing Mill Creek in the City of Eton is designated as the B. T. Parks Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating the bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the City of Eton for presentation to the family and to the Commissioner of Transportation. Approved March 31, 1988.

Page 798

CITY OF MARIETTALEASE OF STATE OWNED REAL PROPERTY. No. 81 (House Resolution No. 799). A RESOLUTION Authorizing the State Properties Commission to negotiate a new lease with the City of Marietta, Georgia, combining two current lease agreements on three tracts of certain state owned real property in Cobb County, Georgia; to set terms; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, said property is under the custody and management of the State Properties Commission; and WHEREAS, the lease of two tracts of said property to the City of Marietta, Georgia, which lease expires September 3, 1988, was authorized by Resolution Act No. 51, H. R. 152-604, approved April 19, 1973 (Ga. L. 1973, p. 1412); and WHEREAS, an extension of said lease of above two tracts for an additional 20 years to September 3, 2008, was authorized by Resolution Act No. 226, H. R. 580-1662, approved April 6, 1978; and WHEREAS, the lease of a third tract, adjacent to the abovementioned property, to the City of Marietta, Georgia, which lease expires September 13, 1997, was authorized by Resolution Act No. 100, H. R. 583-1560, approved February 27, 1976 (Ga. L. 1976, p. 340); and WHEREAS, it is desirable to combine the leasing of said three tracts of property to the City of Marietta, Georgia, into a new lease, to expire September 3, 2028; and WHEREAS, legislative approval is required before the State Properties Commission can negotiate a new lease; and WHEREAS, said real property is more particularly described as follows:

Page 799

TRACT ONE All that tract or parcel of land lying and being in Land Lot 1218 of the 16th District, Second Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point on the north right-of-way line of Depot Street 33 feet west of the center line of the Western and Atlantic Railroad; thence running south 88 degrees 32 minutes west along the north right-of-way line of Depot Street for a distance of 187.92 feet to the intersection of the north right-of-way line of Depot Street with the east right-of-way line of Denmead Street; thence running north 0 degrees, 30 minutes west along the east right-of-way line of Denmead Street 150.01 feet to the intersection of the east right-of-way line of Denmead Street and the south right-of-way line of Mill Street; thence running north 88 degrees, 53 minutes east along the south right-of-way line of Mill Street, a distance of 184.59 feet, more or less, to a point 33 feet west of the center line of the Western and Atlantic Railroad; thence running south along a line parallel to and at all times 33 feet from the center line of the Western and Atlantic Railroad 149.42 feet to the point of beginning, said tract being identified as Tract No. 5 on Valuation Map No. V-2/S8 of the Western and Atlantic Railroad on file with the State Properties Commission. TRACT TWO All that tract or parcel of land lying and being in Land Lot 1218 of the 16th District, 2nd Section, Cobb County, Marietta, Georgia, and more particularly described as follows: Beginning at a point and corner at which the west right-of-way line of McNeel Street intersects the north right-of-way line of Depot Street; thence running south 88 degrees 32 minutes west along the north right-of-way line of Depot Street for a distance of 99.0 feet to a point and corner located on the east right-of-way line of the Western and Atlantic Railroad; thence running north 1 degree 48 minutes west along said east railroad right-of-way for a distance of 85.0

Page 800

feet to a point and corner; thence running north 88 degrees 02 minutes east for a distance of 98.3 feet to a point and corner located on the west right-of-way line of McNeel Street; thence running south 2 degrees 39 minutes east along the west right-of-way line of McNeel Street for a distance of 85.88 feet to the point of beginning, said tract being identified as Tract No. 6 on Valuation Map No. V-2/S8 of the Western and Atlantic Railroad on file with the State Properties Commission; and WHEREAS, the property is currently not needed by the State of Georgia and, therefore, is surplus. 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 property and that, in all matters relating to the leasing of the property, the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the State Properties Commission is authorized to lease any or all of the above-described property for a period ending September 3, 2028, and upon such terms and conditions as the State Properties Commission shall, in its discretion, determine to be in the best interests of the State of Georgia. Section 3 . That the consideration for the use of the above premises shall be $1,000.00 per calendar year. Section 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 5 . That this resolution shall become effective as law immediately 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. Approved March 31, 1988.

Page 801

UNITED STATES OF AMERICAEXCHANGE OF STATE OWNED REAL PROPERTY IN TOWNS COUNTY FOR FEDERAL REAL PROPERTY. No. 82 (House Resolution No. 877). A RESOLUTION Authorizing the State of Georgia, acting by and through its State Properties Commission, to convey all or portions of certain state owned real property located in Towns County, Georgia, to the United States of America, acting by and through its forest service, in exchange for the conveyance to the State of Georgia by the United States of America, acting by and through its forest service, of all or portions of certain tracts of real property owned by the United States of America and located in Dawson County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of approximately 150 acres of vacant real property in Land Lot No. 122, 17th District, 1st Section, Towns County, Georgia, under the custody of the Department of Natural Resources, hereinafter called state owned exchange property; and WHEREAS, the state desires to provide for a demonstrated interest in and need for additional recreational opportunity of its citizens by developing a lodge/conference center at Amicalola Falls State Park and a walk-in, overnight lodge in a wilderness setting approximately three miles from said park; and WHEREAS, the United States is the owner and the forest service has custody of certain land lots in the 5th District, 1st Section, Dawson County, Georgia, hereinafter called forest service exchange property, which are important to the proper development of Amicalola Falls State Park, particularly but not limited to, the aforementioned contemplated improvements; and WHEREAS, the forest service is prohibited from selling its lands but under certain conditions may exchange its lands for like value in other lands approved by its staff; and

Page 802

WHEREAS, the forest service desires to obtain fee interest in the real property owned by the state in Land Lot 122, 17th District, 1st Section, Towns County, Georgia, in order to consolidate the same with United States owned properties contiguous to said tract; and WHEREAS, the acquisition by the state of all or portions of the same forest service exchange property in exchange for all or portions of the said state owned exchange property in Land Lot 122 would be in the public interest and more particularly in the interest of the citizens of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . That the State of Georgia, acting by and through the State Properties Commission, is authorized and empowered to convey by appropriate instruments all or portions of the state owned exchange property in Land Lot 122, 17th District, 1st Section, Towns County, Georgia, to the United States of America and to accept as consideration therefor, based upon appraisals of both aforesaid exchange properties by well-qualified, disinterested appraisers, a like value amount of the forest service exchange property subject to the stipulation that the conveyance of the state owned exchange property and the acceptance of the forest service exchange property shall be upon such other terms and conditions as shall be prescribed by the State Properties Commission. Section 2 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . That all laws and parts of laws in conflict with this resolution are repealed. Approved March 31, 1988.

Page 803

JAMES H. SLOPPY FLOYDBUST. No. 83 (House Resolution No. 631). A RESOLUTION Authorizing the Georgia Veterans of Foreign Wars to place a bust of the late James H. Sloppy Floyd in the foyer of the James H. Sloppy Floyd Veterans Memorial Building; and for other purposes. WHEREAS, the Georgia Veterans of Foreign Wars have generously offered to place a bust of the late James H. Sloppy Floyd in the foyer of the James H. Sloppy Floyd Veterans Memorial Building at no cost to the State of Georgia; and WHEREAS, the late James H. Sloppy Floyd was one of the most prominent political and veterans leaders in Georgia when his untimely death occurred; and WHEREAS, the family of the late James H. Sloppy Floyd has expressed a desire to accept the gracious offer of the Georgia Veterans of Foreign Wars to place a bust of him in the James H. Sloppy Floyd Veterans Memorial Building; and WHEREAS, it is only fitting and proper that a bust of the person in whose honor the building is named be placed in the foyer of the building. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Veterans of Foreign Wars are authorized to place a bust of the late James H. Sloppy Floyd in the foyer of the James H. Sloppy Floyd Veterans Memorial Building. BE IT FURTHER RESOLVED that the Georgia Building Authority is authorized and directed to assist the Georgia Veterans of Foreign Wars with the placement and dedication of the bust of the late James H. Sloppy Floyd in the foyer of the James H. Sloppy Floyd Veterans Memorial Building. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an

Page 804

appropriate copy of this resolution to the Director of the Georgia Building Authority. Approved March 31, 1988. BANKING AND FINANCESMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONS; CREATION. Code Sections 7-1-940 through 7-1-958 Enacted. No. 1265 (House Bill No. 1310). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide a new article relating to small minority business development corporations; to provide for definitions; to provide for the creation and purposes of small minority business development corporations; to provide for articles of incorporation for such corporations and the approval and amendment of such articles; to provide conditions for the commencement of business and issuance of stock by such corporations; to provide for fees and certificates; to provide for powers of such corporations; to provide for members of such corporations and authorized transactions of such members with such corporations; to establish which entities may engage in certain transactions involving indebtedness and shares of such corporations and certain conditions relating thereto; to provide for membership application and acceptance; to provide for loans by members of such corporations and terms, conditions, and limitations relating thereto; to provide for the duration of and withdrawal from membership in such corporations; to provide for powers of shareholders and members of such corporations; to provide for officers, agents, and boards of directors of such corporations and the powers, duties, liabilities, selection, and meetings thereof; to provide for earned surplus and fiscal years of such corporations; to provide for deposits of such corporations; to provide for the powers of the Department of Banking

Page 805

and Finance; to provide for the first meeting of such corporations; to provide for the duration and dissolution of such corporations; to prohibit the pledging of credit by the state and the creation of indebtedness of the state or its political subdivisions on behalf of such corporations; to provide for tax exemptions, credits, and privileges; to provide for occupational taxes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding at the end thereof a new article to read as follows: ARTICLE 12 7-1-940. As used in this article, the term: (1) `Board of directors' means any board of directors of a corporation created under this article. (2) `Corporation' means a Georgia small minority business development corporation created under this article; (3) `Lending institution' means any bank or trust company, building and loan association, savings and loan association, insurance company or related corporation, partnership, foundation, pension fund, or other institution engaged primarily in lending or investing funds. (4) `Loan limit' means, for any member, the maximum amount permitted to be outstanding at any one time on member loans made by such member to the corporation, as determined under this article. (5) `Member' means any lending institution authorized to do business in this state which shall undertake to make member loans to a corporation created under this article, upon its call, and in accordance with this article. (6) `Member loan' means a loan made by a member upon the call of the corporation pursuant to Code Section 7-1-947.

Page 806

(7) `Minority person' means a lawful permanent resident of the United States who is: (A) Black; (B) Hispanic; (C) Asian-Pacific American; (D) Native American; or (E) Asian-Indian American. (8) `Small minority business' means any for profit corporation, partnership, proprietorship, association, or other business entity which: (A) Is at least 51 percent owned and controlled by minority persons and whose management and daily operation are controlled by one or more of the minority persons who own it; (B) Has gross revenue of less than $6 million in a 12 month fiscal year; (C) Has a net profit after taxes for each of the last two taxable years of less than $1 million; (D) Employs less than 500 people; and (E) Is not a lending institution. 7-1-941. (a) Five or more persons competent to contract, a majority of whom shall be residents of this state, who may desire to create a small minority business development corporation under this article, for the purpose of promoting, developing, and advancing small minority business and, to that end, to exercise the powers and privileges provided in this article, may be incorporated by presenting articles to the Secretary of State, as provided in this Code section and Code Section 7-1-942. The articles shall contain: (1) The name of the corporation, which shall include the words `Small Minority Business Development Corporation

Page 807

of Georgia,' and a recitation that the corporation is organized under this article; (2) The location of its initial registered office, but such corporation may have branch offices in such other places within the state as may be fixed by the board of directors; (3) The purposes for which the corporation is founded, which shall include: to promote, stimulate, develop, and advance small minority business and thereby promote, stimulate, develop, and advance the business prosperity and economic welfare of the State of Georgia; to encourage and assist, through loans, investments, or other business transactions, in the location of the small minority business and industry in this state and to rehabilitate and assist existing small minority business and industry; to stimulate and assist in the expansion of all kinds of small minority business activity which will tend to promote the small minority business development and maintain the economic stability of this state; to provide maximum opportunities for minority employment, encourage thrift, and improve the standard of living of minorities and other citizens of this state; similarly to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational small minority business developments in this state; and to provide financing for the promotion, development, and conduct of all kinds of small minority business activity in this state; (4) The names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified; (5) Any provisions which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation and any provision creating, dividing, limiting, and regulating the powers of the corporation, the directors, shareholders,

Page 808

or any class of the shareholders, including, but not limited to, a list of the officers, and provisions governing the issuance of stock certificates to replace lost or destroyed certificates, provided that no provision shall be contained for cumulative voting for directors; and (6) The amount and number of authorized shares, the par value of each share, and the minimum amount of capital with which it shall do business and, if there is more than one class of stock, a description of the different classes, the names and post office addresses of the subscribers of stock, and the number of shares subscribed by each. The aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business, which shall not be less than $100,000.00. The articles may also contain any provisions consistent with the laws of this state for the regulation of the affairs of the corporation. (b) The articles shall be in writing, subscribed by the incorporators, and acknowledged by each of them before an officer authorized to take acknowledgments. A copy of the articles so subscribed and acknowledged shall be filed with the department for approval. 7-1-942. The Secretary of State shall not approve the articles until at least 20 lending institutions authorized to do business in this state have agreed in writing to become members of said corporation; and said written agreement shall be filed with the Secretary of State with the articles, and the filing of same shall be a condition precedent to the approval of the articles by the Secretary of State. Whenever the articles shall have been filed in the office of the Secretary of State and approved by the Secretary of State and all filing fees and taxes prescribed by law have been paid, the subscribers, their successors, and assigns shall constitute a corporation. Said corporation shall not be authorized to commence business until its articles are approved by the department. Upon such approval by the department, authorized stock of the corporation may thereafter be issued. 7-1-943. (a) Upon receipt of an application for approval of articles from a corporation organized pursuant to this

Page 809

article, the department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction: (1) That the public need and advantage will be promoted by the establishment of the corporation; (2) That conditions in the locality in which the corporation will transact business afford reasonable promise of a successful operation; (3) That the applicants may legally invest in the stock of the corporation and that such investment would not be to the detriment of the applicants; (4) That the proposed members are in good standing with their respective supervisory authorities; and (5) That the proposed officers and directors have sufficient experience, ability, and standing to afford reasonable promise of a successful operation. (b) Within 90 days after receipt of an application for approval of the articles, the department shall issue a certificate either granting or denying permission for the corporation to commence business, provided that in no instance shall the department grant such permission until it has ascertained to its satisfaction that the above conditions and circumstances have been met and that the articles are in accordance with this article. 7-1-944. Upon receiving the approval of the department, the incorporators shall file the same together with the fee specified by Code Section 7-1-862 with the Secretary of State. The Secretary of State shall then issue a certificate in the form contemplated by Code Section 14-2-172. 7-1-945. In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by the laws of this state, the corporation shall, subject to the restrictions and limitations contained in this Code section, have the following powers:

Page 810

(1) To elect, appoint, and employ officers, agents, and employees; (2) To make contracts and incur liabilities for any of the purposes of the corporation, provided that the corporation shall not incur any secondary liability by way of the guaranty or endorsement of the obligations of any person or corporation or in any other manner; (3) To borrow money and to do all things necessary or desirable to secure aid, assistance, loans, and other financing from its members (whether as member loans or otherwise), from any lending institution, or from any agency established under federal or state law for any of the purposes of the corporation and to issue therefor its bonds, debentures, notes, or other evidences of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust, or other lien on its property, franchise, rights, and privileges of every kind and nature or any part thereof or interest therein without securing shareholder or member approval; (4) To make loans to any small minority business and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and services connected therewith; provided, however, that the corporation shall not approve any application for a loan unless and until the small minority business applying for said loan shall show that such business has applied for the loan through ordinary lending channels and that the loan has been refused by at least two lending institutions that would be qualified by law to make such a loan, it not being the intention of this article to take from any lending institution any such loans or commitments as may be desired by such organizations generally in the ordinary course of their business; (5) To purchase, receive, hold, lease, or otherwise acquire and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by

Page 811

the corporation from time to time in the satisfaction of debts or enforcement of obligations; (6) To acquire the good will, business rights, real and personal property, and other assets or any part thereof or interest therein of any small minority businesses and to assume, undertake, or pay the obligations, debts, and liabilities of any such small minority business; to acquire improved or unimproved real estate for the purpose of constructing small minority business establishments thereon or for the purposes of disposing of such real estate to others for the construction of small minority business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of small minority business establishments; (7) To acquire, subscribe for, own, sell, hold, assign, transfer, mortgage, pledge, or otherwise dispose of the stock, shares, bonds, debentures, notes, or other securities and evidences of interest in or indebtedness of any small minority business and, while the owner or holder thereof, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon; (8) To mortgage, pledge, or otherwise encumber any property, right, or thing of value, acquired pursuant to the powers contained in paragraph (5), (6), or (7) of this Code section, as security for the payment of any part of the purchase price therefor; (9) To cooperate with and avail itself of the facilities of the United States Department of Commerce, the Department of Industry and Trade, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of small minority business and the economic well-being of such communities or of this state or any political subdivision thereof; (10) To redeem or otherwise reacquire its shares under the circumstances and subject to the restrictions now

Page 812

or hereafter set forth for business corporations by the laws of this state; (11) To make, amend, and repeal bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for the administration and regulation of the affairs of the corporation, which bylaws may establish internal governance procedures and standards, including, but not limited to, procedures for voting by proxy at and for giving notice of meetings of directors and of shareholders and members and the delegation by the board of directors of its authority under the articles of incorporation and this article to one or more committees of the board or to officers of the corporation, and which bylaws may give the board of directors or committees thereof the power to pass resolutions necessary or convenient to carry out the purposes of the corporation; (12) To contract with the Small Business Development Centers of the University System of Georgia and economic development centers of other colleges and universities, which centers shall also be authorized to contract with the corporation, for the performance of loan application and packaging functions, market studies, and such other activities necessary or convenient to carry out the purposes of the corporation; (13) To provide technical assistance for both public and private sources of contract opportunities for small minority businesses; (14) To provide equity funding as authorized for Minority Enterprise Small Business Investment Corporations through the federal Small Business Administration; (15) To provide for import and export financing for small minority businesses; and (16) To do all acts and things necessary or convenient to carry out the powers expressly granted in this article. 7-1-946. Notwithstanding any rule at common law or any provision of any general or special law or any provision

Page 813

in their respective charters, agreements of association, articles of organization, or trust indentures: (1) Any person, including all domestic corporations organized for the purpose of carrying on business within this state and further including, without implied limitation, public utility companies and insurance companies and foreign corporations licensed to do business within this state and all lending institutions as defined in Code Section 7-1-940 and all trusts are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the corporation and, while owners of said shares, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state, except as otherwise provided in this article; (2) All lending institutions are authorized to become members of the corporation and to make loans to the corporation as provided in this article and such membership shall not constitute a violation of the prohibitions contained in Code Section 7-6-1; (3) Each lending institution which becomes a member of the corporation is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, securities, or other evidences of indebtedness created by or the shares of the capital stock of the corporation and, while owners of said stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the State of Georgia, provided that the amount of the capital of the corporation which may be acquired by any member pursuant to the authority granted in this Code section shall not exceed 5 percent of the capital base of such member; and (4) The amount of shares of the corporation which any member is authorized to acquire pursuant to the authority granted in this Code section is in addition to

Page 814

the amount of shares in the corporation which such member may otherwise be authorized to acquire. 7-1-947. (a) Any lending institution may request membership in the corporation by making application to the board of directors on such form and in such manner as said board of directors may require, and membership shall become effective upon acceptance of such application by said board. (b) Each member of the corporation shall make member loans to the corporation when called upon by it to do so on such terms and other conditions as shall be approved from time to time by the board of directors, subject to the following conditions: (1) All loan limits for member loans may, at the option of the board of directors, be established at the $1,000.00 amount nearest the amount computed in accordance with this Code section; and (2) No member loan to the corporation shall be made if immediately thereafter the total amount of the obligations (whether under member loans or otherwise) of the corporation would exceed 50 times the amount then paid in on the capital of the corporation. (c) The total amount outstanding on member loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital of the corporation then held by such member, shall not exceed the lesser of: (1) Twenty percent of the aggregate of the capital of the corporation then outstanding plus the total amount then outstanding on all member loans to the corporation, including in said total amount outstanding amounts validly called as member loans but not yet loaned; or (2) The following limit, to be determined each calendar year of membership on the basis of the audited balance sheet of such member at the close of its fiscal year immediately preceding or, in the case of an insurance company, its last annual statement to the Commissioner of Insurance:

Page 815

(A) Five percent of the statutory capital base of a bank or trust company; (B) One-half of 1 percent of the total outstanding loans made by building and loan or savings and loan associations; (C) Two and one-half percent of the capital and unassigned surplus of stock insurance companies, except fire insurance companies; (D) Two and one-half percent of the unassigned surplus of mutual insurance companies, except fire insurance companies; (E) One-tenth of 1 percent of the assets of fire insurance companies; and (F) Such limits as may be approved by the board of directors of the corporation for other lending institutions; or (3) $750,000.00. (d) Subject to paragraphs (1) and (3) of subsection (c) of this Code section, each call for member loans made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members. The adjusted loan limit of a member shall be the amount of such member's loan limit, as determined by reference to paragraph (2) of subsection (c) of this Code section, reduced by the balance of outstanding member loans made by such member to the corporation and the investment in capital of the corporation held by such member at the time of such call. (e) All member loans to the corporation shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times and which shall bear interest at a rate of interest determined by the board of directors. 7-1-948. (a) Membership in the corporation shall be for the duration of the corporation, provided that, upon written

Page 816

notice given to the corporation two years in advance, a member may withdraw from membership in the corporation at the expiration of such notice. (b) A member shall not be obligated to make any loans to the corporation pursuant to calls made subsequent to notice of the intended withdrawal of said member. 7-1-949. (a) The shareholders and the members of the corporation shall have the following powers of the corporation: (1) To determine the number of and elect directors as provided in Code Section 7-1-951; (2) To amend its articles as provided in Code Section 7-1-950; (3) To dissolve the corporation as provided in Code Section 7-1-956; and (4) To exercise such other of the powers of the corporation, consistent with this article, as may be conferred on the shareholders and the members by the bylaws. (b) As to all matters requiring action by the shareholders and the members of the corporation, said shareholders and said members shall vote separately thereon by classes; and, except as otherwise provided in this article, such matters shall require the affirmative vote of a majority of the votes to which the shareholders present or represented at the meeting shall be entitled and the affirmative vote of a majority of the votes to which the members present or represented at the meeting shall be entitled. (c) Each shareholder shall have one vote, in person or by proxy, for each share of stock held by him; and each member shall have one vote, in person or by proxy, except that any member having a loan limit of more than $1,000.00 shall have one additional vote, in person or by proxy, for each additional $1,000.00 which such member is authorized to have outstanding on loans to the corporation at any one time, as determined under subsection (c) of Code Section 7-1-947.

Page 817

(d) A holder of or subscriber to shares of the corporation or a member of the corporation shall be under no obligation to the corporation or its creditors with respect to such shares, subscriptions, or membership except in the circumstances set forth in Code Section 14-2-110, except that this subsection does not affect the obligation of a member to lend funds to the corporation pursuant to valid call. 7-1-950. (a) Except as provided in subsections (b) and (c) of this Code section and subject to the approval of the department, the articles may be amended by the votes of the shareholders and the members of the corporation, voting separately by classes, and such amendments shall require approval by the affirmative vote of two-thirds of the votes to which the members shall be entitled. (b) No amendment shall be adopted which is inconsistent with the general purposes expressed in paragraph (3) of subsection (a) of Code Section 7-1-941 or which authorizes any additional class of stock to be issued or which would tend to impair the ability of the department to examine and supervise the corporation. (c) No amendment of the articles which increases the obligation of a member to make loans to the corporation or makes any change in the principal amount, interest rate, or maturity date or in the security or credit position of any outstanding loan of a member to the corporation or affects a member's right to withdraw from membership as provided in Code Section 7-1-948 or affects a member's voting rights as provided in this article shall be made without the consent of each member affected by such amendment. (d) Within 30 days after any meeting at which an amendment to the articles is approved, it shall be submitted to the department together with such information as the department shall require. If the department finds in its discretion that the proposed amendment is in conformity with the objectives and requirements of this article, it shall issue its certificate approving the amendment. If the amendment is disapproved, the department shall briefly state its reasons for such action to the corporation. The decision of the department shall be conclusive, except as it may be subject to judicial review as provided in Code Section 7-1-90.

Page 818

(e) Upon the approval of the department, articles of amendment signed and sworn to by the president, treasurer, and a majority of the directors, setting forth such amendment and due adoption thereof, shall, together with the department's certificate of approval, be submitted to the Secretary of State, who shall examine them and, if he finds that they conform to the requirements of this article, shall so certify and endorse his approval thereon. 7-1-951. The business affairs of the corporation shall be managed and controlled by a board of directors, a president, a vice-president, a secretary, a treasurer, and such other officers and such agents as the corporation shall authorize by its bylaws. The board of directors shall consist of such number, not less than nine nor more than 15, as shall be determined in the first instance by the incorporators and thereafter annually by the members and the shareholders of the corporation. The board of directors may exercise all the powers of the corporation except such as are conferred by law or by the bylaws of the corporation upon the shareholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except vacancies in the office of director, which shall be filled as provided in this Code section. The annual meeting shall be held prior to May 1 or, if no annual meeting shall be held in the year of incorporation, then within 90 days after the approval of the articles at a special meeting as provided in this Code section. At such annual meeting or at each special meeting held as provided in this Code section, the members of the corporation shall elect two-thirds of the board of directors and the shareholders shall elect the remaining directors. The directors shall hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified, unless sooner removed in accordance with provisions of the bylaws. Any vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and any vacancy in the office of a director elected by the shareholders shall be filled by the directors elected by the shareholders. Directors and officers shall not be responsible for losses unless the same shall have been occasioned by the willful misconduct of such directors and officers. Directors shall serve without compensation.

Page 819

7-1-952. (a) Each year the corporation shall set apart its net earnings for all the preceding fiscal year. Whenever the amount of minimum capital established in Code Section 7-1-941 shall become impaired, it shall be built up again to the required amount in the manner provided for its original accumulation. Net earnings and surplus shall be determined by the board of directors after providing for such reserves as said directors deem desirable, and the determination of the directors made in good faith shall be conclusive on all persons. (b) Corporations organized under this article shall adopt the calendar year as their fiscal year. 7-1-953. The corporation shall not deposit any of its funds in any bank or other financial institution unless such institution has been designated as a depository by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of any director who is an officer or director of the depository so designated. The corporation shall not receive money on deposit. 7-1-954. The department shall exercise the same power and authority over corporations organized under this article as is now or hereafter exercised over banks and trust companies by Articles 1 and 2 of this chapter where such law is not in conflict with this chapter. 7-1-955. (a) The first meeting of the corporation shall be called by a notice signed by three or more of the incorporators, stating the time, place, and purpose of the meeting, a copy of which notice shall be mailed or delivered to each incorporator at least five days before the day appointed for the meeting. Said first meeting may be held without such notice upon agreement in writing to that effect signed by all the incorporators. There shall be recorded in the minutes of the meeting a copy of said notice or of such unanimous agreement of the incorporators. (b) At such first meeting the incorporators shall organize by the choice, by ballot, of a temporary clerk; by the adoption of bylaws; by the election, by ballot, of directors; and by action upon such other matters within the powers of the

Page 820

corporation as the incorporators may see fit. The temporary clerk shall be sworn and shall make and attest a record of the proceedings. Four of the incorporators shall be a quorum for the transaction of business. 7-1-956. (a) The period of duration of the corporation shall be 35 years, subject, however, to the right of its shareholders and the members to dissolve the corporation prior to the expiration of said period as provided in subsection (b) of this Code section. (b) The corporation may, upon the votes of the shareholders and the members of the corporation, voting separately by classes, dissolve said corporation; and such dissolution shall require approval by the affirmative vote of two-thirds of the votes to which the shareholders shall be entitled. Upon any dissolution of the corporation, none of the corporation's assets shall be distributed to the shareholders until all sums due the members of the corporation as creditors thereof have been paid in full. 7-1-957. Under no circumstances shall the credit of the State of Georgia be pledged to any corporation organized under this article nor shall acts of such corporation in any manner constitute or result in the creation of any indebtedness of the State of Georgia or any county or municipal corporation therein. 7-1-958. (a) Any tax exemptions, tax credits, or tax privileges granted to banks or trust companies, building and loan associations, and other lending institutions by any general laws of this state are granted to corporations organized pursuant to this article. (b) Every corporation organized and engaged in business under this article shall pay an annual state occupational license tax of $50.00. Counties and municipalities are authorized, in addition, to levy the occupational license taxes as prescribed; provided, however, that no county or municipality shall levy any such occupational license tax in a greater amount than those prescribed.

Page 821

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988. CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS ACT OF 1988ENACTMENT; DEEDS; NOTICES. Code Title 8, Chapter 6 Enacted. Code Section 44-5-48 Enacted. No. 1266 (House Bill No. 435). AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to prohibit certain construction activity; to provide for definitions; to require identification of all property on which a landfill is or has been located; to provide for legal descriptions of such property; to provide for recording of existence of a landfill on county records for such property; to provide for the Environmental Protection Division of the Department of Natural Resources to maintain certain records on landfills and to file these with the clerks of the superior courts of the counties within which they are located; to prohibit building where a landfill previously existed without a permit from the local governing authority; to provide for exceptions; to amend Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, so as to provide that all deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the dates the landfill was in operation, a legal description of the location of the landfill, and a description of the type of materials deposited in the landfill; to define the term commercial landfill; to provide that such notice shall apply only when the parties conveying the real property have knowledge of the landfill operations; to provide damages for willful violations; to provide for all related matters; to provide

Page 822

for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding a new Chapter 6 to read as follows: CHAPTER 6 8-6-1. This Act shall be known and may be cited as the `Construction Activity Prohibition on Abandoned Landfills Act of 1988.' 8-6-2. As used in this chapter, the term: (1) `Construction activity' means to erect or build an enclosed building or structure of any type, kind, or design. (2) `Division' means the Environmental Protection Division of the Department of Natural Resources. (3) `Landfill' means any location operated as a commercial venture for profit or operated by a county or municipality for the disposal of solid wastes or any location where a private owner accepts solid wastes for compensation from sources other than his own property for disposal. (4) `Solid waste' means putrescible and nonputrescible wastes, except water carried body waste, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans, glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article.

Page 823

8-6-3. (a) The division shall maintain records on each landfill operated now or in the future in this state, which records shall include an accurate legal description of the boundaries of the landfill and the dates of its operation. (b) The division shall file notice of the existence of the landfill with the clerk of the superior court of the county or counties within which the landfill is located. 8-6-4. (a) No person shall construct any building or enclosed structure of any type, kind, or design on any real property on which a landfill on the public records has been located without first obtaining a permit for such construction from the local governing authority. (b) This Code section shall not apply to construction activity by public service corporations or to the construction of roads, highways, or bridges. Section 2 . Article 2 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to conveyances, is amended by adding a new Code Section 44-5-48 at the end thereof to read as follows: 44-5-48. (a) All deeds conveying an interest in real property which has been used as a commercial landfill shall include notice of the landfill operations, the date the landfill operations commenced and terminated, if known, a legal description of the actual location of the landfill, and a description of the type of materials which have been deposited in the landfill. As used in this Code section, `commercial landfill' means an area where materials have been deposited for a fee. (b) This Code section applies only to those parties who have knowledge of the landfill operations when conveying real property. (c) Any seller of real property who willfully violates the provisions of this Code section shall be liable to the purchaser for treble damages for any losses sustained by the purchaser as a result of the sale.

Page 824

Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988. DANGEROUS DOG CONTROL LAWENACTMENT. Code Section 4-8-7 Amended. Code Sections 4-8-20 through 4-8-29 Enacted. No. 1267 (House Bill No. 1273). AN ACT To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to change a reference in the provision relating to penalties for the violation of certain laws regulating and controlling dogs; to provide for the regulation of dangerous and potentially dangerous dogs; to provide for a short title; to provide for definitions; to provide for exceptions; to provide for the jurisdiction and duties of local governments in the regulation of dangerous dogs and potentially dangerous dogs; to provide for certain contracts and agreements among local governments; to provide procedures for the classification of dangerous and potentially dangerous dogs and for certain notices and hearings in connection therewith; to provide for the registration of dangerous and potentially dangerous dogs; to provide for unlawful activities in connection with registering, owning, possessing, and maintaining a dangerous or potentially dangerous dog; to provide for the confiscation of dangerous and potentially dangerous dogs; to provide for the destruction of dangerous and potentially dangerous dogs under certain circumstances; to provide for penalties; to provide for construction relative to other laws and local ordinances or resolutions; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 825

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by striking Code Section 4-8-7, relating to penalties for the violation of certain laws regulating and controlling dogs, in its entirety and substituting in lieu thereof a new Code Section 4-8-7 to read as follows: 4-8-7. Any person who violates any provision of this article shall be guilty of a misdemeanor. Section 2 . Said chapter is further amended by designating the present provisions of said chapter, Code Sections 4-8-1 through 4-8-7, as Article 1 thereof and by adding at the end thereof a new Article 2 to read as follows: ARTICLE 2 4-8-20. This article shall be known and may be cited as the `Dangerous Dog Control Law.' 4-8-21. (a) As used in this article, the term: (1) `Dangerous dog' means any dog that, according to the records of an appropriate authority: (A) Has without provocation inflicted severe injury on a human being on public or private property; or (B) Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification. (2) `Dog control officer' means an individual selected by a local government pursuant to the provisions of subsection (c) of Code Section 4-8-22 to aid in the administration and enforcement of the provisions of this article. (3) `Governing authority' means the governing body or official in which the legislative powers of a local government are vested.

Page 826

(4) `Local government' means any county or municipality of this state. (5) `Owner' means any natural person or any legal entity, including but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dangerous dog or potentially dangerous dog within this state. (6) `Potentially dangerous dog' means any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of human beings or any dog that when unprovoked: (A) Inflicts bites on a human being on public or private property; or (B) Chases or approaches a human being upon the street, sidewalks, or any public grounds in a vicious or terrorizing manner in an apparent attitude of attack. (7) `Proper enclosure' means an enclosure for keeping a dangerous dog or potentially dangerous dog while on the owner's property securely confined indoors or in a securely enclosed and locked pen, fence, or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. Any such pen or structure shall have secure sides and a secure top, and, if the dog is enclosed within a fence, all sides of the fence shall be of sufficient height and the bottom of the fence shall be constructed or secured in such a manner as to prevent the dog's escape either from over or from under the fence. Any such enclosure shall also provide protection from the elements for the dog. (8) `Records of an appropriate authority' means records of any state, county, or municipal law enforcement agency; records of any county or municipal animal control agency; records of any county board of health; records of any federal, state, or local court; or records of a dog control officer provided for in this article.

Page 827

(9) `Severe injury' means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery or a physical injury that results in death. (b) A dog that inflicts an injury upon a person when the dog is being used by a law enforcement officer to carry out the law enforcement officer's official duties shall not be a dangerous dog or potentially dangerous dog within the meaning of this article. A dog shall not be a dangerous dog or a potentially dangerous dog within the meaning of this article if the injury inflicted by the dog was sustained by a person who, at the time, was committing a willful trespass or other tort or was tormenting, abusing, or assaulting the dog or had in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. 4-8-22. (a) Except as otherwise provided by subsection (b) of this Code section, a county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality. (b) Any county or municipality or any combination of such local governments may contract or enter into agreements with each other for joint dog control services or for the provision of dog control services required by this article and for the separate or joint use of personnel, facilities, and equipment used in the provision of such services. (c) The governing authority of each local government shall designate an individual to carry out the duties of a dog control officer as provided in this article. One individual may carry out the duties of a dog control officer for more than one local government pursuant to a contract or agreement under subsection (b) of this Code section. The governing authority of a local government may assign the additional duties of dog control officer to any officer or employee of the local government who is subject to the jurisdiction of the governing authority. With the consent of the sheriff, the governing authority of a local government may assign the

Page 828

additional duties of dog control officer to a county sheriff or to a sheriff's deputy. With the consent of the county board of health and the rabies control officer, the governing authority of a local government may assign the additional duties of dog control officer to a rabies control officer appointed under Code Section 31-19-7. A person carrying out the duties of a dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest. (d) The governing authority of a local government may provide by ordinance or resolution for the creation of an animal control board to hold hearings provided for in Code Section 4-8-24. If such an animal control board is created, such board may hear and determine matters provided for in Code Section 4-8-24. No member of the animal control board may participate in a hearing on any matter in which such member previously participated in the classification of the dog at issue. An animal control board may be created jointly by two or more local governments under the provisions of subsection (b) of this Code section. (e) In lieu of conducting the hearings required by Code Section 4-8-24 or creating an animal control board for such purpose as provided in subsection (d) of this Code section, the governing authority of each local government is authorized to designate the local board of health within the jurisdiction of such local government to conduct such hearings. Any board so designated is authorized and shall have jurisdiction to conduct such hearings and determine matters provided for in Code Section 4-8-24. 4-8-23. (a) Each dog control officer shall make such investigations and inquiries as may be necessary to identify dangerous dogs and dangerous dog owners within the dog control officer's jurisdiction. (b) When a dog control officer classifies a dog as a dangerous dog or reclassifies a potentially dangerous dog as a dangerous dog, the dog control officer shall notify the dog's owner in writing by certified mail to the owner's last known address of such classification or reclassification. Such notice shall be complete upon its mailing.

Page 829

4-8-24. (a) As applied to the owners of potentially dangerous dogs, the procedures provided for in this Code section must be carried out as a necessary condition for the enforcement of the provisions of this article against such owners. As applied to the owners of dangerous dogs, the procedures provided for in this Code section shall not be an essential element of any crime provided for in this article. (b) When a dangerous dog or a potentially dangerous dog is classified as such, the dog control officer shall notify the dog's owner of such classification. (c) The notice to the owner shall meet the following requirements: (1) The notice shall be in writing and mailed by certified mail to the owner's last known address; (2) The notice shall include a summary of the dog control officer's findings that formed the basis for the dog's classification as a dangerous or potentially dangerous dog; (3) The notice shall be dated and shall state that the owner, within 15 days after the date shown on the notice, has a right to request a hearing on the dog control officer's determination that the dog is a dangerous dog or potentially dangerous dog; (4) The notice shall state that the hearing, if requested, shall be before the governing authority, the board of health, or the animal control board of the respective local government and shall specify the name of the applicable agency which will conduct the hearing; (5) The notice shall state that if a hearing is not requested, the dog control officer's determination that the dog is a dangerous dog or a potentially dangerous dog will become effective for all purposes under this article on a date specified in the notice, which shall be after the last day on which the owner has a right to request a hearing; and (6) The notice shall include a form to request a hearing before the applicable agency and shall provide specific

Page 830

instructions on mailing or delivering such request to the agency. (d) When the governing authority, animal control board, or local board of health, whichever is applicable, receives a request for a hearing as provided in subsection (c) of this Code section, it shall schedule such hearing within 30 days after receiving the request. The governing authority or board shall notify the dog owner in writing by certified mail of the date, time, and place of the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and present evidence and in addition thereto the governing authority or board shall receive such other evidence and hear such other testimony as the governing authority or board may find reasonably necessary to make a determination either to sustain, modify, or overrule the dog control officer's classification of the dog. (e) Within ten days after the date of the hearing, the governing authority or board shall notify the dog owner in writing by certified mail of its determination on the matter. If such determination is that the dog is a dangerous dog or a potentially dangerous dog, the notice shall specify the date upon which that determination is effective. 4-8-25. (a) It is unlawful for an owner to have or possess within this state a dangerous dog or potentially dangerous dog without a certificate of registration issued in accordance with the provisions of this Code section. (b) Subject to the additional requirements of subsection (c) of this Code section for dangerous dogs, the dog control officer of a local government in which an owner possesses a dangerous dog or potentially dangerous dog shall issue a certificate of registration to the owner of such dog if the owner presents to the dog control officer or the dog control officer otherwise finds sufficient evidence of: (1) A proper enclosure to confine the dangerous dog or potentially dangerous dog; and (2) The posting of the premises where the dangerous dog or potentially dangerous dog is located with a clearly

Page 831

visible sign warning that there is a dangerous dog on the property and containing a symbol designed to inform children of the presence of a dangerous dog. (c) In addition to the requirements of subsection (b) of this Code section, the owner of a dangerous dog shall present to the dog control officer evidence of: (1) A policy of insurance in the amount of at least $15,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the dangerous dog against liability for any personal injuries inflicted by the dangerous dog; or (2) A surety bond in the amount of $15,000.00 or more issued by a surety company authorized to transact business in this state payable to any person or persons injured by the dangerous dog. (d) The owner of a dangerous dog or potentially dangerous dog shall notify the dog control officer within 24 hours if the dog is on the loose, is unconfined, has attacked a human, has died, or has been sold or donated. If the dog has been sold or donated, the owner shall also provide the dog control officer with the name, address, and telephone number of the new owner of the dog. (e) A dog control officer is authorized to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this article. Law enforcement agencies of local governments and the sheriffs of counties shall cooperate with dog control officers in enforcing the provisions of this article. (f) A local government may charge an annual fee, in addition to regular dog-licensing fees, to register dangerous dogs and potentially dangerous dogs as required in this Code section. 4-8-26. (a) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and is under the physical restraint of a responsible person. The muzzle shall be made in a manner that will

Page 832

not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person. (b) It is unlawful for the owner of a potentially dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and is under the restraint of a responsible person. 4-8-27. (a) A dangerous dog shall be immediately confiscated by the dog control officer or by a law enforcement officer or by another person authorized by the dog control officer if the: (1) Owner of the dog does not secure the liability insurance or bond required by subsection (c) of Code Section 4-8-25; (2) Dog is not validly registered as required by Code Section 4-8-25; (3) Dog is not maintained in a proper enclosure; or (4) Dog is outside a proper enclosure in violation of subsection (a) of Code Section 4-8-26. (b) A potentially dangerous dog shall be confiscated in the same manner as a dangerous dog if the dog is: (1) Not validly registered as required by Code Section 4-8-25; (2) Not maintained in a proper enclosure; or (3) Outside a proper enclosure in violation of subsection (b) of Code Section 4-8-26. (c) Any dog that has been confiscated under the provisions of subsection (a) or (b) of this Code section shall be returned to its owner upon the owner's compliance with the provisions of this article and upon the payment of reasonable confiscation costs. In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, said dog shall be destroyed in an expeditious and humane manner.

Page 833

4-8-28. (a) The owner of a dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose dangerous dog is subject to confiscation under subsection (a) of Code Section 4-8-27 shall be guilty of a misdemeanor of high and aggravated nature. In addition to any confinement that might be imposed for a conviction under this subsection, for the second conviction a fine of not less than $500.00 shall be imposed and for a third or subsequent conviction a fine of not less than $750.00 shall be imposed. (b) The owner of a potentially dangerous dog who violates the applicable provisions of Code Section 4-8-25 or Code Section 4-8-26 or whose potentially dangerous dog is subject to confiscation under subsection (b) of Code Section 4-8-27 shall be guilty of a misdemeanor. In addition to any confinement that might be imposed for a conviction under this subsection, for a second conviction a fine of not less than $150.00 shall be imposed and for a third or subsequent conviction a fine of not less than $300.00 shall be imposed. (c) If an owner who has a previous conviction for a violation of this article knowingly and willfully fails to comply with the provisions of this article, such owner shall be guilty of a felony if the owner's dangerous dog attacks or bites a human being under circumstances constituting another violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsection 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 five years or by both such fine and imprisonment. (d) An owner who knowingly and willfully fails to comply with the provisions of this article shall be guilty of a felony if the owner's dangerous dog aggressively attacks and causes severe injury or death of a human being under circumstances constituting a violation of this article. The owner of a dangerous dog who is convicted for a violation of this subsection shall be punished by a fine of not less than $5,000.00 nor more than $10,000.00 or by imprisonment for not less than one nor more than ten years or by both such fine and imprisonment. (e) In addition to the penalties for violations under subsection (c) or (d) of this Code section, the dangerous dog

Page 834

involved shall be immediately confiscated by the dog control officer or by a law enforcement officer or another person authorized by the dog control officer and placed in quarantine for the proper length of time as determined by the county board of health, and, thereafter, the dangerous dog shall be destroyed in an expeditious and humane manner. (f) No owner of a dangerous dog shall be held criminally liable under this article for injuries inflicted by said owner's dog to any human being while on the owner's property. 4-8-29. The provisions of this article are in addition to and supplementary of any previously existing laws of this state and shall not be construed to repeal or supersede such previously existing laws. The provisions of this article shall not be construed to repeal or supersede any previously existing ordinances or resolutions of local governments, except to the extent that such previously existing ordinances or resolutions are in conflict or are inconsistent with the provisions of this article. Section 3 . This Act shall be effective on July 1, 1988, only for administrative purposes to allow county and municipal governments to adopt ordinances or resolutions or take such other action as may be necessary to prepare for the enforcement of the provisions of this Act on and after January 1, 1989. This Act shall be effective for all purposes on January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988.

Page 835

GAME AND FISHDEER; BAG LIMITS; ANTLERLESS OR EITHER-SEX DEER HUNTING. Code Sections 27-3-15 and 27-3-44 Amended. No. 1268 (House Bill No. 1441). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to increase the daily and season maximum bag limits for deer to five deer; to provide that it shall not be unlawful to hunt antlerless or either-sex deer on certain days in certain counties; to provide for a statement of intent not to abate pending prosecutions; to provide for repeal on a specific date; to amend an Act amending Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt antlerless or either-sex deer on certain days in certain counties, approved April 2, 1987 (Ga. L. 1987, p. 530), so as to repeal a provision providing for automatic repeal; 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 striking subsection (b) of Code Section 27-3-15, relating to seasons and bag limits for hunting game species, and inserting in lieu thereof a new subsection (b) to read as follows: (b) It shall be unlawful to hunt the following game species at any time during the period set forth below, except that it shall not be unlawful to hunt the following game species during such periods or portions thereof, and in such number not to exceed the following numbers, as may be designated by the board as open seasons and bag limits for such species:

Page 836

Maximum Bag Limits Game Species Maximum Open Season Daily Season (1) Quail Nov. 19March 15 12 No limit (2) Grouse Oct. 15Feb. 29 3 No limit (3) Turkey gobblers March 15May 5 2 2 (4) Deer Sept. 15Jan. 15 5 5 (5) Bobcat Oct. 15Feb. 29 No limit No limit (6) Opossum (A) Oct. 15Feb. 29, for that area north of and including Haralson, Paulding, Bartow, Cherokee, Forsyth, Hall, Banks, Franklin, and Hart counties; and No limit No limit (B) Jan. 1Dec. 31 for the remainder of the state No limit No limit (7) Rabbit Nov. 19Feb. 29 10 No limit (8) Raccoon (A) Oct. 15Feb. 29, for that area north of and including Carroll, Fulton, Gwinnett, Barrow, Clarke, Oglethorpe, Taliaferro, Wilkes, and Lincoln counties; and No limit No limit (B) Jan. 1Dec. 31 for the remainder of the state No limit No limit (9) Squirrel Aug. 15Feb. 29 10 No limit (10) Fox Jan. 1Dec. 31 No limit No limit (11) Migratory game birds Sept. 1March 10 Subject to limits set by the federal government and adopted by the board (12) Bear Sept. 15Jan. 15 1 1 Section 2 . Said title is further amended by striking subsection (b) of Code Section 27-3-44, relating to killing of deer which have no antlers visible, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) During the period beginning on April 1, 1988, and ending on July 1, 1989, the board shall establish by regulation no fewer days for antlerless or either-sex deer hunting with firearms in each county than the number of days set forth below: Appling 12 Atkinson 8 Bacon 5 Baker 22 Baldwin 25 Banks 7 Barrow 10 Bartow 4 Ben Hill 8 Berrien 8 Bibb 25 Bleckley 12 Brantley 8 Brooks 8 Bryan 8 Bulloch 12 Burke 28 Butts 23 Calhoun 22 Camden 8 Candler 12 Carroll 23 Catoosa 0 Charlton 8 Chatham 8 Chattahoochee 28 Chattooga 4 Cherokee 4 Clarke 25 Clay 16 Clayton 0 Clinch 8 Cobb 0 Coffee 5 Colquitt 3 Columbia 25 Cook 3 Coweta 23 Crawford 25 Crisp 3 Dade 4 Dawson 3 Decatur 16 DeKalb 0 Dodge 5 Dooly 16 Dougherty 22 Douglas 10 Early 16 Echols 3 Effingham 12 Elbert 25 Emanuel 28 Evans 12 Fannin 0 Fayette 23 Floyd 4 Forsyth 3 Franklin 7 Fulton 18 Gilmer 0 Glascock 28 Glynn 8 Gordon 4 Grady 16 Greene 25 Gwinnett 10 Habersham 1 Hall 3 Hancock 25 Haralson 4 Harris 28 Hart 3 Heard 25 Henry 23 Houston 28 Irwin 5 Jackson 18 Jasper 23 Jeff Davis 8 Jefferson 28 Jenkins 28 Johnson 18 Jones 28 Lamar 25 Lanier 3 Laurens 12 Lee 16 Liberty 8 Lincoln 25 Long 8 Lowndes 8 Lumpkin 3 McDuffie 25 McIntosh 8 Macon 28 Madison 18 Marion 28 Meriwether 25 Miller 3 Mitchell 3 Monroe 25 Montgomery 12 Morgan 18 Murray 0 Muscogee 28 Newton 23 Oconee 25 Oglethorpe 25 Paulding 4 Peach 25 Pickens 0 Pierce 8 Pike 25 Polk 4 Pulaski 12 Putnam 23 Quitman 28 Rabun 1 Randolph 28 Richmond 25 Rockdale 10 Schley 28 Screven 28 Seminole 3 Spalding 23 Stephens 3 Stewart 28 Sumter 28 Talbot 28 Taliaferro 25 Tattnall 12 Taylor 28 Telfair 5 Terrell 28 Thomas 16 Tift 5 Toombs 8 Towns 0 Treutlen 8 Troup 25 Turner 5 Twiggs 28 Union 0 Upson 25 Walker 4 Walton 10 Ware 5 Warren 25 Washington 28 Wayne 8 Webster 28 Wheeler 12 White 1 Whitfield 0 Wilcox 8 Wilkes 25 Wilkinson 28 Worth 16 Total 2280 Section 3 . This Act shall become effective on April 1, 1988. Section 4 . It is the intention of the General Assembly that prosecutions of offenses under Code Section 27-3-44 of the Official Code of Georgia Annotated which are pending on the date this Act becomes effective shall not be abated as a result of the amendment to that Code section accomplished by this Act. Section 5 . Subsection (b) of Code Section 27-3-44 of the Official Code of Georgia Annotated shall stand repealed in its entirety on July 1, 1989, and on that date the letter (a) appearing at the beginning of said Code Section 27-3-44 shall be stricken. Section 6 . An Act amending Code Section 27-3-44 of the Official Code of Georgia Annotated, relating to the killing of deer which have no antlers visible, so as to provide that it shall not be unlawful to hunt antlerless or either-sex deer on certain days in certain counties, approved April 2, 1987 (Ga. L. 1987, p. 530), is amended by repealing Section 4, which reads as follows: Section 4. Subsection (b) of Code Section 27-3-44 shall stand repealed in its entirety on July 1, 1988, and on that date the letter `(a)' appearing at the beginning of Code Section 27-3-44 shall be stricken., in its entirety. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988.

Page 842

GAME AND FISHHONORARY HUNTING AND FISHING LICENSES FOR PERSONS 65 OR OLDER; NONRESIDENT HUNTING LICENSES AND FISHING LICENSES; QUAIL; BEAR; FIELD TRIALS; INSURANCE. Code Title 27, Chapters 2, 3, and 5 Amended. No. 1269 (House Bill No. 1597). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to authorize the Board of Natural Resources to enter into reciprocal agreements with other states to provide for honorary hunting and fishing licenses for persons 65 years of age or older; to change certain provisions relating to required hunter education courses with respect to certain nonresident hunting licenses; to authorize the commissioner of natural resources to adjust the fee for certain nonresident fishing or small game hunting licenses for residents of certain states which do not have certain reciprocal agreements; to provide that certain pen raised quail may be killed in certain permitted field trials; to require the wearing of certain daylight fluorescent orange material while hunting bears or accompanying a person hunting bears; to change certain provisions relating to insurance companies which can insure holders of certain wild animal licenses or permits; 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 a new subsection at the end of Code Section 27-2-4, relating to honorary hunting and fishing licenses, to be designated subsection (e), to read as follows: (e) The board is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age

Page 843

or older, so as to provide honorary hunting and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence. Section 2 . Said title is further amended by striking subsection (e) of Code Section 27-2-5, relating to required hunter education courses, and inserting in its place a new subsection (e) to read as follows: (e) Those persons applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of his state of residence if that course shall have been approved by the Board of Natural Resources. Those persons applying for a seven-day nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain a seven-day nonresident hunting license. Section 3 . Said chapter is further amended by adding a new subsection at the end of Code Section 27-2-7, relating to making and entering into agreements relating to hunting license reciprocity, to be designated subsection (d), to read as follows: (d) If the commissioner determines that any of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee does not have an existing reciprocal agreement governing nonresident fishing or small game hunting licenses with the State of Georgia and has a fee for a nonresident fishing or small game hunting license or its equivalent, which substantially differs from the comparable fee which Georgia charges a citizen of that contiguous state, then the commissioner, notwithstanding the fees specified in Code Section 27-2-23, and in order to encourage the reduction of the excessive fee or the entering into of a reciprocal agreement, shall be authorized to adjust the nonresident fishing or small game hunting license fee as applied to citizens of that contiguous state, to an amount equal to the fee a Georgia citizen is required to pay to fish or hunt in that contiguous state. Section 4 . Said title is further amended by striking subsection (d) of Code Section 27-2-21, relating to field and retriever

Page 844

trials, and inserting in its place a new subsection (d) to read as follows: (d) Notwithstanding any other provision of this Code section, properly marked pen raised mallard ducks and properly marked pen raised quail may be killed by any person registered as a participant in a permitted field trial. Section 5 . Said title is further amended by adding a new Code section immediately following Code Section 27-3-24, to be designated Code Section 27-3-25, to read as follows: 27-3-25. It shall be unlawful for any person to hunt bears or for any person to accompany another person hunting bears unless each person shall wear a total of at least 500 square inches of daylight fluorescent orange material as an outer garment. Such clothing must be worn above the waistline and may include a head covering. Section 6 . Said title is further amended by striking subsection (f) of Code Section 27-5-4, relating to wild animal licenses and permits generally, and inserting in its place a new subsection (f) to read as follows: (f) Each license or permit to import, transport, sell, transfer, or possess a wild animal which is listed in this subsection as being inherently dangerous to human beings shall be conditioned upon the licensee or permittee obtaining or arranging for, providing proof of, and maintaining in force and effect a liability insurance policy with an insurance company licensed to do business in this state, or with an unauthorized insuror if permitted by Chapter 5 of Title 33 which covers claims for injury or damage to persons or property caused by the animal in an amount equal to $40,000.00 for each wild animal up to a maximum of $500,000.00, provided that this subsection shall not apply to federal, state, county, or municipal governments or their agencies. The insurance company shall notify the department at least 30 days prior to the termination of the policy by the company. The following list contains those animals considered to be inherently dangerous to human beings:

Page 845

(1) Class Mammalia: (A) Order Marsupialia: Family Macropodidae: Genus Macropus (kangaroos)All species; (B) Order Primates: (i) Family Pongidae (gibbons, orang-utan, chimpanzees, siamangs, and gorillas)All species; (ii) Family Cercopithecidae: (I) Genus Macaca (macaques)All species; (II) Genus Papio (mandrills, drills, and baboons)All species; (III) Theropithecus gelada (Gelada baboon); (C) Order Carnivora: (i) Family Canidae: (I) Genus Canis (wolves, jackals, and dingos); (II) Chrysocyon brachyurus (maned wolf); (III) Cuon alpinus (red dog); (IV) Lycaon pictus (African hunting dog); (ii) Family Ursidae (bears)All species; (iii) Family MustelidaeGulo gulo (wolverine);

Page 846

(iv) Family Hyaenidae (hyenas)All species; (v) Family Felidae: (I) Genus Leo or Panthera or Neofelis (lions, tigers, jaguars, and leopards)All species; (II) Unica unica (snow leopard); (III) Acinonyx jubatus (cheetah); (IV) Felis concolor subspecie (Western cougar)All subspecies of Felis concolor except coryi and cougar; (D) Order Perissodactyla: Family Rhinocerotidae (rhinoceroses)All species; (E) Order Artiodactyla: (i) Family SuidaePhacochoerus aethiopicus (wart hog); (ii) Family HippopotamidaeHippopotamus amphibius (hippopotamus); (iii) Family Bovidae: (I) Genus Taurotragus (elands)All species; (II) Boselaphus tragocamelus (nilgais); (III) Bos sauveli (kouprey); (IV) Syncerus caffer (African buffalo); (V) Hippotragus niger (sable); (VI) Oryx gazella (gemsbok);

Page 847

(VII) Addax nasomaculatus (addax); (VIII) Genus Alcelaphus (hartebeests)All species; (IX) Genus Connochaetes (gnu, wildebeest); (2) Class Reptilia: (A) Order Crocodylia: Family CrocodylidaeAll species; (B) Order Squamata: (i) Suborder Serpentes: (I) Family Elapidae (cobras, coral snakes, etc.)All species except Micrurus fulvius (Eastern coral snake); (II) Family Viperidae (adders, vipers, etc.)All species; (III) Family ColubridaeAll poisonous rear-fanged species (Opisthoglypis); (IV) Family Crotalidae (pit vipers)All species except Ancistrodon contortrix (copperhead), Ancistrodon piscivorous (cottonmouth), Sistrurus miliarus (pigmy rattlesnake), Crotalus horridus (timber rattlesnake), Crotalus adamanteus (Eastern diamondback rattlesnake); (ii) Suborder Lacertilia: Family Helodermatidae (Gila monsters and beaded lizards)All species; (3) Class Osteichthyes: (A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha): Genera Serrasalmus,

Page 848

Serrasalmo, Pygocentrus, Teddyella, Rooseveltiella, Pygopristis (piranhas)All species; (B) Order Siluriformes: Family Trichomycteridae (parasitic catfishes): Genera Vandellia (candiru) and UrinophilusAll species; (4) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (freshwater stingray)All species; (5) All other wild animals considered inherently dangerous to human beings as specified by regulations of the board. 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 4, 1988. GAME AND FISHALLIGATORS AND ALLIGATOR PRODUCTS; FUR DEALERS; TAXIDERMISTS; MEAT; EGGS. Code Sections 27-1-2, 27-2-9, 27-3-15, 27-3-19, and 27-3-73 Amended. No. 1270 (Senate Bill No. 594). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the provisions relating to the definitions of alligator product, fur dealer, and fur dealer's agent; to change the season for hunting alligators; to change the provisions relating to taxidermists; to change the

Page 849

provisions relating to the hunting of alligators; to change the provisions relating to the possession of alligator products; to change the provisions relating to the transporting of alligator products; to require a written plan for disposal of alligator carcasses by fur dealers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (3) of Code Section 27-1-2, relating to definitions of terms used in the game and fish law, and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Alligator product' means any product or article made, either wholly or in part, from any part of the hide of an alligator or alligator meat or any other part of an alligator carcass or alligator eggs. Section 2 . Said title is further amended by striking in their entirety paragraphs (32) and (33) of Code Section 27-1-2, relating to definitions of terms used in the game and fish law, and substituting in lieu thereof new paragraphs (32) and (33) to read as follows: (32) `Fur dealer' means a person who purchases or sells raw undressed hides, furs, pelts, or skins of fur-bearing animals and alligator hides or alligator products, excluding alligator meat; provided, however, those persons engaged in wholesale or retail furrier operations, that is, those who engage in the manufacture or production of finished fur or alligator products, shall not be fur dealers for purposes of this title. (33) `Fur dealer's agent' means any person who represents the owner of or a dealer in furs, alligator hides, or alligator products for the purpose of selling such furs, alligator hides, or alligator products. Section 3 . Said title is further amended by striking in its entirety subsection (g) of Code Section 27-2-9, relating to

Page 850

taxidermists, and substituting in lieu thereof a new subsection (g) to read as follows: (g) Notwithstanding any other provision of this title to the contrary, it shall not be unlawful for a licensed taxidermist to mount and sell legally taken furbearers or alligators and alligator products without procuring a fur dealer's license. Section 4 . Said title is further amended by striking in its entirety paragraph (13) of subsection (a) of Code Section 27-3-15, relating to seasons and bag limits, in its entirety and substituting in lieu thereof a new paragraph (13) to read as follows: (13) Alligators Nov. 1 - March 31. Section 5 . Said title is further amended by adding at the end of subsection (b) of Code Section 27-3-15, relating to seasons and bag limits, a new paragraph (13) to read as follows: (13) Alligators April 1 - Oct. 31 Subject to limits adopted by the board. Section 6 . Said title is further amended by striking Code Section 27-3-19, relating to the hunting of alligators and the possession of alligator products, in its entirety and substituting in lieu thereof a new Code Section 27-3-19 to read as follows: 27-3-19. (a) Except as provided in Code Section 27-3-15, it shall be unlawful for any person to hunt alligators within this state. The display or use of a light in any area closed to alligator hunting by any person not otherwise authorized to do so by regulations of the board in a place which alligators might be known to inhabit and in a manner capable of disclosing the presence of alligators, together with the possession of firearms, spear guns, gigs, harpoons, or other such equipment customarily used for the taking of alligators, during the period between one-half hour after sunset and one-half hour before sunrise shall be considered prima-facie evidence of an intent to violate this subsection.

Page 851

(b) Any equipment, including, but not limited to, weapons, vehicles, boats, and lines, used in hunting alligators in violation of subsection (a) of this Code section is declared to be contraband and forfeited to the state and shall be confiscated and seized by any peace officer who shall forthwith deliver it to the commissioner or his duly authorized agent within ten days of the seizure. Such contraband shall be disposed of by the commissioner in the same manner and under the same provisions used for the disposal of contraband used in hunting deer at night, as provided in Code Section 27-3-48. (c) It shall be unlawful for any person to possess, buy, or sell in this state the untanned hide or skin or alligator products from an alligator not lawfully taken under the authority of Code Section 27-3-15. All such hides, skins, and alligators not lawfully taken are declared to be contraband and shall be seized and disposed of as directed by the commissioner. Possession in a store, warehouse, or retail place of business of such untanned hides or skins or alligator products not lawfully taken shall be prima-facie evidence of violation of this subsection. This subsection shall not apply to alligator products made from hides or skins of alligators produced on farms licensed under this title or from hides or skins of alligators lawfully possessed, taken, or acquired outside or inside this state, nor shall any provision of this subsection be construed so as to prohibit the preparation, processing, or manufacturing of such commercially grown or lawfully possessed, taken, or acquired alligator hides or the storage or sale of products made therefrom, subject to rules and regulations promulgated by the board. (d) It shall be unlawful to possess or transport into this state any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is prohibited. All such hides, skins, and alligator products are declared to be contraband and shall be seized and disposed of in accordance with Code Section 27-1-21. Notwithstanding any other provision to the contrary, it shall be lawful to possess and transport into this state any untanned alligator hide, skin, or alligator product which was lawfully taken and transported and which is accompanied by a bill of sale, bill of lading, or invoice.

Page 852

(e) Any person who possesses any untanned alligator hide, skin, or alligator product from any place in which the taking of alligators is lawful or from an alligator farm licensed under this title shall retain such receipts, invoices, bills of lading, or other indicia of lawful possession, taking, or acquisition as are necessary to indicate clearly at all times the place of origin of the specific untanned alligator hides, skins, or alligator products possessed. Section 7 . Said title is further amended by striking Code Section 27-3-73, relating to the disposal of carcasses of any fur-bearing animals, in its entirety and substituting in lieu thereof a new Code Section 27-3-73 to read as follows: 27-3-73. It shall be unlawful for any fur dealer to dispose of any carcasses or parts of carcasses of any fur-bearing animals or alligators except pursuant to a written plan of disposal submitted to and approved by the department in writing. Such a plan of disposal shall be designed to minimize vermin infestation, odors, and disease hazards. Any person who violates this Code section shall be guilty of a misdemeanor and shall be subject to the administrative license revocation, suspension, denial, and refusal provisions of Code Section 27-2-25. Section 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 4, 1988.

Page 853

TIGER SWALLOWTAIL DESIGNATED AS THE OFFICIAL STATE BUTTERFLY. Code Section 50-3-62 Enacted. No. 1271 (Senate Bill No. 449). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the tiger swallowtail as the official state butterfly; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, butterflies in their resplendent beauty have fascinated children and adults for ages; and WHEREAS, the Greeks believed that the butterfly emerging from the chrysalis represented man's metamorphosis from the mortal to the eternal; and WHEREAS, Mrs. Deen Day Smith, the current President of The Garden Club of Georgia, Inc., was inspired by that same metaphor to donate funds in memory of the late Cecil B. Day to build a butterfly center at Callaway Gardens; and WHEREAS, the Day Butterfly Center which is scheduled to open the latter part of 1988 will stress the importance of conservation of the land and its plants and animals for the enjoyment of present and future generations; and WHEREAS, the tiger swallowtail is a beautiful example of the butterfly which is native to the State of Georgia; and WHEREAS, it is only fitting and proper that the tiger swallowtail be designated as the official state butterfly. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is

Page 854

amended by adding a new Code Section 50-3-62 at the end thereof to read as follows: 50-3-62. The tiger swallowtail is designated as the official Georgia state butterfly. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988. MOTOR VEHICLES AND TRAFFICNEW MOTOR VEHICLE DEALERS; REGISTRATION; PLACE OF BUSINESS; LICENSE PLATES FOR RETIRED MEMBERS OF THE GEORGIA NATIONAL GUARD. Code Section 40-2-36.1 Enacted. Code Section 40-2-65 Amended. No. 1272 (Senate Bill No. 458). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to make it unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the Department of Revenue and unless such activity is carried on at an established place of business or at a temporary site; to provide procedures for and exceptions to the foregoing; to provide for civil and criminal penalties; to authorize a distinctive license plate for retired members of the Georgia National Guard; to provide for matters related thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 855

Section 1 . Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding between Code Section 40-2-36 and Code Section 40-2-37 a new Code Section 40-2-36.1 to read as follows: 40-2-36.1. (a) As used in this Code section, the term: (1) `Dealer' means any person engaged in the business of selling or offering to sell new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term `dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles. (2) `Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers. (3) `Established place of business' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling of new motor vehicles is carried on in good faith. (4) `Manufacturer' means any person who makes or assembles new motor vehicles. (5) `Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (6) `New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued.

Page 856

(7) `Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (8) `Temporary site' means a location at which new motor vehicles are sold or offered for sale which location is: (A) Used for a period not to exceed 96 hours in any one-month period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county which is within two counties of the county in which the established place of business of the new motor vehicle dealer using the temporary site is located. (9) `Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b) (1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealer's number license plate under Code Section 40-2-36 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for registration and shall not issue a dealer's number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place of business or at a temporary site. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered

Page 857

as such under this Code section and Code Section 40-2-36 or at a temporary site. (3) This subsection shall not be construed to prohibit new motor vehicle trade shows. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.

Page 858

Section 2 . Said chapter is further amended by striking Code Section 40-2-65, relating to Georgia National Guard license plates, and inserting in lieu thereof a new Code section to read as follows: 40-2-65. (a) (1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such plate at a time. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the members of the Georgia National Guard. (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, including the payment of the basic registration fee, shall be issued a license plate as prescribed in that article for private passenger cars or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such plate at a time. The license plates issued pursuant to this paragraph, shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year, prior to the date that license plates are issued, a list of the retired members of the Georgia National Guard. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the

Page 859

words `National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $1.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall reissue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.

Page 860

(c) The commissioner shall, on or before March 1 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep current such lists for public information and inquiry. (d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private passenger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988.

Page 861

MOTOR VEHICLE SALES FINANCE ACTSUBLEASES OF MOTOR VEHICLES; WRITTEN CONSENT OF HOLDER OF RETAIL INSTALLMENT CONTRACT OR LESSOR; MOTOR VEHICLES FOR HIRE. Code Sections 10-1-39, 10-1-40, and 10-1-41 Enacted. No. 1273 (House Bill No. 1449). AN ACT To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Motor Vehicle Sales Finance Act, so as to provide that it shall be unlawful to induce the buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a lease contract to sublease such motor vehicle without the written consent of the holder of the retail installment contract or the lessor under the lease contract; to provide for additional definitions; to provide circumstances under which it shall be unlawful for a sublessee of a motor vehicle to offer such motor vehicle for hire or to offer it to another person to offer for hire; to provide for penalties; to authorize certain civil actions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Motor Vehicle Sales Finance Act, is amended by adding at the end thereof new Code Sections 10-1-39 through 10-1-41 to read as follows: 10-1-39. In addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 and 10-1-41, the term: (1) `Induce' means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced.

Page 862

(2) `Lessee' means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract. (3) `Lessor' means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts. (4) `Motor vehicle lease contract' means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement. (5) `Subject motor vehicle' means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract. (6) `Sublease' means: (A) To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or (B) To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective. 10-1-40. (a) It is unlawful for any person to induce the buyer of a motor vehicle under a retail installment contract to sublease the subject motor vehicle to that person

Page 863

or to any other sublessee without first obtaining written consent to the sublease from the holder of the retail installment contract. (b) It is unlawful for any person to induce the lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle to that person or to any other sublessee without first obtaining written consent to the sublease from the lessor under the motor vehicle lease contract. (c) It is unlawful for any person who is the sublessee of a motor vehicle to offer the motor vehicle for hire or to offer it to another person to offer for hire if such person induced the sublease of the motor vehicle in violation of subsection (a) or (b) of this Code section or if such person knew or reasonably should have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of this Code section. (d) Any person who violates any provision of subsection (a), (b), or (c) of this Code section shall be guilty of misdemeanor of a high and aggravated nature. 10-1-41. (a) Any one or more of the following persons may suffer damage as a result of a violation of subsection (a) or (b) of Code Section 10-1-40: (1) The holder of a retail installment contract; (2) The lessor of a motor vehicle under a motor vehicle lease contract; (3) The buyer of a motor vehicle under a retail installment contract or the lessee of a motor vehicle under a motor vehicle lease contract; (4) The sublessee of the subject motor vehicle when such sublessee did not know and could not reasonably be expected to have known that the sublease of the motor vehicle was induced in violation of subsection (a) or (b) of Code Section 10-1-40.

Page 864

(b) A person who suffers damage as described in subsection (a) of this Code section may bring an action against the person who induced the sublease of the subject motor vehicle in violation of subsection (a) or (b) of Code Section 10-1-40. The person who suffers damage may recover or obtain against the person who induced such sublease any of the following: (1) Actual damages; (2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; (3) Punitive damages; (4) Reasonable attorney's fees and costs; and (5) Any other relief which the court deems proper. (c) The rights and remedies provided for in this Code section are in addition to any other rights and remedies provided by law. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988. DOMESTIC RELATIONSVISITATION RIGHTS OF GRANDPARENTS; ACTIONS; ADOPTIONS. Code Sections 19-7-3 and 19-8-10 Amended. No. 1274 (House Bill No. 1434). AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating

Page 865

to the parent and child relationship, so as to change the provisions relating to visitation rights of grandparents and actions related thereto; to provide definitions; to provide for actions for visitation rights and intervention in other actions or proceedings in order to obtain visitation rights; to provide for the grant, denial, or amendment of visitation rights of grandparents; to provide that whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, the court may grant reasonable visitation rights to the maternal and paternal grandparents of the child; to provide that when a grandparent with visitation rights to a child files objections to a petition for adoption of the child filed by a blood relative of the child, the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court; to provide for limitations on actions; 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 . Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to the parent and child relationship, is amended by striking Code Section 19-7-3, relating to visitation rights of grandparents, which reads as follows: 19-7-3. (a) Whenever any court in this state has before it any question concerning the guardianship of any minor child or whenever one parent dies or whenever one parent dies and the survivor remarries, regardless of whether the minor child is adopted by its stepmother or stepfather, or whenever any court has terminated the parental rights of one of the natural parents of the minor child, the court may, in its discretion pursuant to subsection (b) of this Code section, grant reasonable visitation rights to the maternal and paternal grandparents of the child. Any court granting such rights may issue its necessary order to enforce the grant. (b) (1) Any grandparent shall have the right to intervene in an action involving the guardianship of any minor child to obtain visitation rights to the minor child.

Page 866

(2) The parent of the minor child's parent who has died shall have the right to file an original pleading, but not more than once during any two-year period, to obtain visitation rights to the minor child. (3) The parent of the minor child's parent whose parental rights have been terminated shall have the right to file an original pleading, but not more than once during any two-year period, to obtain visitation rights to the minor child. (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 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., and inserting in lieu thereof a new Code Section 19-7-3 to read as follows: 19-7-3. (a) As used in this Code section, the term `grandparent' means the parent of a parent of a minor child,

Page 867

the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (b) Any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative, notwithstanding the provisions of Code Section 19-8-14. (c) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child 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 of visitation by any grandparent; and the court shall have discretion to deny such visitation rights. An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed 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, guardian of the person, or parent 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 striking in its entirety Code Section 19-8-10, relating to when objections may be filed by relatives to petition for adoption, 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

Page 868

granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition of adoption if neither 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 and the court shall have the authority to grant or continue such visitation rights of the grandparent to the child in the adoption order in the event the adoption by the blood relative is approved by the court. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988. EDUCATIONSEX EDUCATION AND AIDS PREVENTION INSTRUCTION; HEALTH SERVICES. Code Sections 20-2-143 and 20-2-773 Enacted. No. 1275 (Senate Bill No. 352). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study; to provide for certain standards; to provide that the State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction and shall establish standards for its administration; to provide for certain topics of instruction; to provide for minimum periods of instruction; to provide for a manual for such course of study;

Page 869

to provide for implementation of such minimum course of study or its equivalent; to provide for noncompliance; to provide that a parent or guardian may elect that a child not receive such course of study; to prohibit any facility operated on public school property or operated by a public school district or any employee thereof acting within the scope of such employee's employment from providing certain health services to public school students; to limit the funding for the distribution of certain items; 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 adding a new Code section immediately following Code Section 20-2-142, to be designated Code Section 20-2-143, to read as follows: 20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, promotion of high self-esteem, local community values, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome. (b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined

Page 870

by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose. (c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented. (d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study. Section 2 . Said chapter is further amended by adding a new Code section immediately following Code Section 20-2-772, to be designated Code Section 20-2-773, to read as follows: 20-2-773. (a) No facility operated on public school property or operated by a public school district and no employee of any such facility acting within the scope of such employee's employment shall provide any of the following health services to public school students: (1) Distribution of contraceptives; (2) Performance of abortions; (3) Referrals for abortion; or (4) Dispensing abortifacients.

Page 871

(b) The Department of Education and local units of administration are prohibited from utilizing state funds for the distribution of contraceptives. 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 4, 1988. COMMISSION ON CHILDREN AND YOUTHCREATION. Code Sections 49-5-160 through 49-5-164 Enacted. No. 1276 (House Bill No. 1371). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the Commission on Children and Youth; to provide for legislative intent; to provide that membership on the commission shall not constitute public office; to provide for the organization of the commission; to provide for compensation and reimbursement of expenses of members of the commission; to provide for an executive director of the commission and his powers and duties; to provide for the functions and authority of the commission; to provide for limitations on authority of the commission; to provide for a budget, appropriations to the commission, and authority for the commission to accept and use gifts and grants; 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:

Page 872

Section 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end thereof a new Article 7 to read as follows: ARTICLE 7 49-5-160. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between the providers of children and youth services, including pediatrics, health, mental health, business, and industry and all components of the social services, education, employment, and juvenile justice systems at all levels of state government. 49-5-161. (a) There is established the Commission on Children and Youth which shall be composed of the following members: (1) Twenty-eight voting members selected by the Governor to serve at the pleasure of the Governor. Voting members shall consist of individuals who are business and community leaders and who by their interest, training, or experience are knowledgeable of the issues affecting children and youth; individuals who are in the field of education; individuals who are part of local government, including law enforcement officials; and individuals who by their training or experience are knowledgeable in pediatrics, health, mental health, or social services. Voting members shall have the authority to vote on all issues before the commission; and (2) Twenty-five ex officio members. Ex officio members shall consist of a Justice from the Supreme Court, a Judge of the Court of Appeals, a representative of The Council of Superior Court Judges, a representative of The Council of State Court Judges, and a representative of the Council of Juvenile Court Judges, each appointed by the Governor; and the chancellor of the Board of Regents, the State School Superintendent, the executive director of the State Board of Postsecondary Vocational Education, the commissioner of the Department of Medical Assistance, the commissioner of the Department of

Page 873

Labor, the commissioner of the Department of Human Resources, the commissioner of the Department of Corrections, the director of the Office of Planning and Budget, the chairman of the Senate Education Committee, the chairman of the House of Representatives Education Committee, the chairman of the Senate Appropriations Committee, the chairman of the House of Representatives Appropriations Committee, the chairman of the Senate Children and Youth Committee, the chairman of the Senate Human Resources Committee, the chairman of the House of Representatives Health and Ecology Committee, the chairman of the House of Representatives Children and Youth Subcommittee of the Health and Ecology Committee, the chairman of the Senate Judiciary Committee, the chairman of the House of Representatives Judiciary Committee, the chairman of the Senate Banking and Finance Committee, the chairman of the House of Representatives Banks and Banking Committee. Ex officio members shall not have the authority to vote on the administration of grants or grant requests or on such other issues prohibited by law or as set forth in the commission's bylaws. (b) All appointments to the commission shall become effective on July 1, 1988. In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the commission. (d) Members of the commission shall serve without compensation, except that each member may be reimbursed for expenses incurred as a result of his duties as a commission member in accordance with state transportation regulations. (e) The Governor shall name the chairman of the commission. The commission shall elect such other officers and make such bylaws for its operation as may be necessary or appropriate.

Page 874

(f) The commission may establish advisory committees, the members of which may include the chairmen of any councils, boards, or commissions appointed by the Governor or created by statute and involved in children and youth issues and representatives of public or private organizations, associations, or groups involved or interested in children and youth issues. 49-5-162. (a) There shall be an executive director of the Commission on Children and Youth who shall be appointed by executive order and serve at the pleasure of the Governor. (b) The executive director may contract with other agencies, public or private, or persons as the executive director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the commission as will best assist it to carry out its duties and responsibilities. (c) The executive director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article. Such personnel may be members of the classified service of the state merit system as defined in paragraph (2) of Code Section 45-20-2. 49-5-163. (a) The commission is vested with the following functions and authority: (1) To cooperate with and seek cooperation from every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (2) To convene periodically, but at least once a year, regional or state-wide children and youth conferences involving key executives in the social services and juvenile justice systems of this state; elected officials; private industry and advocacy organizations; and others for the purpose of improving coordination and communication among the providers of children and youth services and all components of the social services, education, employment, and juvenile justice systems at all levels of state government;

Page 875

(3) To develop, in coordination and cooperation with all components of the various children and youth systems of this state, legislative proposals and executive policy proposals to better meet the needs of our children and youth and improve the quality of services available to them; (4) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (5) To provide for the interaction, communication, and coordination of all components of the children and youth systems of the state and to provide assistance in establishing model children and youth service programs for children and youth in Georgia; (6) To serve in an advisory capacity to the Governor, the General Assembly, and the judiciary on existing services and gaps in services to meet the needs of the children and youth of this state; (7) To encourage and facilitate the establishment of local commissions on children and youth and to facilitate the involvement of communities in providing services for their children and youth; (8) To coordinate high visibility children and youth research projects and studies with a state-wide impact, which studies and projects cross traditional system component lines; (9) To serve as a state-wide clearing-house for children and youth information and research; (10) To encourage collaborative efforts, such as interagency agreements and interstate compacts, among state and local public and private agencies serving children and youth; (11) To provide technical assistance and consultation to members of the commission and local governments, particularly those involved in providing service to their children and youth;

Page 876

(12) To review existing statutes and administrative rules, regulations, and policies of those agencies having a member on the commission relating to children and youth and make recommendations which will encourage greater interagency coordination and collaboration, more effective utilization of existing resources, and less duplication of efforts; (13) To facilitate the elimination of unnecessary duplicative efforts, programs, and services; (14) To administer federal assistance funds and state funds for the purposes mentioned in this subsection as assigned by law or executive order; (15) To accept, under criteria established by the commission, applications for disbursements of available funds appropriated by the General Assembly for children and youth improvement projects; and (16) To review and develop a children's budget listing all state and federal funds expended by the state for services to children and youth in Georgia. (b) Notwithstanding any provision in this article to the contrary, the commission shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level. 49-5-164. (a) The commission shall be assigned to the office of the Governor for administrative purposes only, as described in Code Section 50-4-3. (b) The commission shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' and a separate appropriation shall be provided for the commission in the general appropriations Act. The commission is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The commission is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds,

Page 877

property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the office of the Governor; and such funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the commission and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the commission to carry out the provisions of this article. 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 4, 1988. GEORGIA WAR VETERANS CEMETERYESTABLISHMENT. Code Sections 38-4-70 through 38-4-72 Enacted. No. 1277 (Senate Bill No. 359). AN ACT To amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to authorize the Veterans Service Board to establish, operate, and maintain a Georgia War Veterans Cemetery in this state; to provide restrictions for interment; 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 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, is amended by adding a new Part 3 at the end thereof to read as follows:

Page 878

Part 3 38-4-70. (a) The Veterans Service Board is authorized to establish, operate, and maintain a Georgia War Veterans Cemetery in this state. (b) Only `war veterans' as defined in Code Section 38-4-50 and their unremarried spouses shall be eligible for interment in the Georgia War Veterans Cemetery. 38-4-71. (a) The Georgia War Veterans Cemetery shall be under the control and administration of the Veterans Service Board. (b) Applications for interment in the Georgia War Veterans Cemetery shall be processed in accordance with rules and regulations promulgated by the Veterans Service Board. 38-4-72. The Veterans Service Board is designated as the agency of this state to receive federal aid under Title 38 U.S.C., as amended, and is authorized and directed to receive from the United States Veterans' Administration or any other agency of the United States authorized to grant or expend funds to assist a state in establishing, operating, and maintaining a veterans' cemetery. The Veterans Service Board is authorized to receive gifts, contributions, bequests, and individual reimbursements from any source, the receipt of which shall not exclude any other source of revenue. All funds received by the Veterans Service Board pursuant to this Code section shall be expended to establish, operate, and maintain a veterans' cemetery in this state. The Veterans Service Board is authorized to employ such personnel as it may deem necessary to carry out its duties and responsibilities under this part. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1988.

Page 879

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEMPOSTRETIREMENT BENEFIT ADJUSTMENTS. Code Section 47-4-105 Enacted. No. 1278 (House Bill No. 480). AN ACT To amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, so as to authorize postretirement benefit adjustments; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and disability benefits under the Public School Employees Retirement System, is amended by adding at the end thereof a new Code Section 47-4-105 to read as follows: 47-4-105. The board is authorized to grant postretirement benefit adjustments from time to time for the purpose of maintaining essentially no less purchasing power for persons receiving benefits pursuant to the provisions of this chapter. Granting postretirement benefit adjustments shall be based on the following factors: (1) The recommendations of the actuary for the retirement system; (2) Maintaining the actuarial soundness of the retirement system; (3) Appropriations by the General Assembly if appropriations are made for the purpose of granting such postretirement benefit adjustments; and (4) Such other factors as the board finds relevant.

Page 880

Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEMRETIREMENT BENEFITS; AMOUNT. Code Section 47-4-101 Amended. No. 1279 (House Bill No. 482). AN ACT To amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to change the provisions relating to the amount of the retirement benefit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the normal retirement date and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $10.00 multiplied

Page 881

by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $8.00 multiplied by the member's years of creditable service. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESADMINISTRATORS AND EXECUTORS; BONDS; SURETIES; LIABILITY; MISMANAGEMENT OR DEFAULT; SETTLEMENTS. Code Section 53-7-32. 1 Enacted. Code Sections 53-7-148, 53-7-163, and 53-7-164 Amended. No. 1280 (House Bill No. 670). AN ACT To amend Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, so as to authorize the judge of the probate court to require the initial posting of a bond by an administrator or executor for a

Page 882

period greater than one year; to provide that a surety on a bond posted pursuant to such requirement shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds; to change the procedures upon mismanagement or default of an administrator or executor; to provide practices, procedures, and notices; to change the procedures relating to settlements before the probate court; to provide for compensation for waste or mismangement; to change the provisions relating to enforcement of settlements; to provide for proceedings without the appearance of the administrator or executor; to provide that certain bonds shall be bound by certain settlements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 53 of the Official Code of Georgia Annotated, relating to the administration of estates generally, is amended by inserting immediately following Code Section 53-7-32 a new Code section, to be designated Code Section 53-7-32.1, to read as follows: 53-7-32.1. Whenever an administrator or executor is required to give bond, the judge of the probate court may order the administrator or executor to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. Section 2 . Said chapter is further amended by striking Code Section 53-7-148, relating to procedure upon mismanagement or default of an administrator or executor, and inserting in lieu thereof a new Code Section 53-7-148 to read as follows: 53-7-148. Whenever the judge of the probate court knows or is informed by any person having any interest in the estate that the administrator or executor wastes or in any manner mismanages the estate, that he or his sureties

Page 883

are likely to become insolvent, that he refuses or fails to make returns as required by law, or that for any reason he is unfit for the trust reposed in him, the judge shall cite the administrator or executor to answer to the charge at some regular term of the court. Upon investigation of the administrator's or executor's action, the judge may, in his discretion, do any or all of the following: (1) Revoke the administrator's or executor's letters; (2) Require additional security; (3) Require the administrator or executor to appear and submit to a settlement of his accounts following the procedure set forth in Code Sections 53-7-163 through 53-7-165, whether or not the administrator or executor has first resigned or been removed and whether or not a successor fiduciary has been appointed; (4) Pass such other order as in his judgment is expedient under the circumstances of the case. Section 3 . Said chapter is further amended by striking Code Section 53-7-163, relating to settlement before a probate court, and inserting in lieu thereof a new Code Section 53-7-163 to read as follows: 53-7-163. (a) Any person interested as distributee or legatee may, after the expiration of six months from the grant of administration, cite the administrator or executor or his personal representative to appear before the judge of the probate court for a settlement of his accounts. Alternatively, if the administrator or executor chooses, he may cite all of the distributees to be present at the settlement of his accounts by the judge. The settlement shall be conclusive upon the administrator or executor and upon all the distributees who receive notice of the hearing. The judge may, in his discretion, give the administrator or executor additional time to settle the estate. (b) If the administrator or executor fails or refuses to appear as cited, the court may proceed without the appearance of the administrator or executor. If the administrator

Page 884

or executor has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the administrator or executor at the last address of the administrator or executor in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon the administrator or executor for purposes of this Code section if the citation is mailed by first-class mail to such address. Section 4 . Said chapter is further amended by striking Code Section 53-7-164, relating to procedure for making and enforcing a settlement, and inserting in lieu thereof a new Code Section 53-7-164 to read as follows: 53-7-164. Upon proof of citation pursuant to Code Section 53-7-163, the judge of the probate court may proceed to make an account, hear evidence upon any contested question, and settle finally between the distributee and administrator or executor. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt, either party having the right to appeal. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 885

PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEMRETIREMENT WITH 40 YEARS OF CREDITABLE SERVICE. Code Section 47-4-100 Amended. No. 1281 (House Bill No. 1025). AN ACT To amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, so as to provide that a member who has 40 or more years of creditable service may elect to retire in the same manner and with the same benefits as a member who has reached his normal retirement date; 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 47-4-100 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the Public School Employees Retirement System, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) The normal retirement date of a member shall be the first day of the month coinciding with or next following the date the member reaches the age of 65. Any member who has attained 40 or more years of creditable service may, however, elect in writing, in such manner as may be specified by the board of trustees, to retire on the first day of any month following the month in which the member attains 40 years of creditable service. Any member who so retires with 40 years of creditable service shall be eligible for all benefits received by members who are retired on or after their normal retirement dates. A member shall retire on the member's normal retirement date except as otherwise provided in this subsection and in subsections (b) through (e) of this Code section.

Page 886

Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. COUNTIESBONDS; ELECTION DATE IN COUNTIES OF 550,000 OR MORE. Code Section 36-82-1 Amended. No. 1282 (House Bill No. 1218). AN ACT To amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, so as to prohibit certain bond elections from being held on any date other than the date of the November general election in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census; to provide for an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to procedure for authorization of bonded debt, is amended by adding a new subsection immediately following subsection (b), to be designated subsection (b.1), to read as follows: (b.1) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, no county-wide bond election or school bond election in the unincorporated

Page 887

area of any such county shall be held on any date other than the date of the November general election; provided, however, that upon a determination by any superior court of competent jurisdiction that the holding of such election on the date of the November general election would cause irreparable harm to the electors of any such county, such election shall be held in the manner provided for in subsection (b) of this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. GEORGIA MUTUAL AID ACTLOCAL EMERGENCIES; PUBLIC SAFETY OFFICERS AND EMPLOYEES OF LOCAL POLITICAL SUBDIVISIONS PROVIDING AID. Code Sections 36-69-1 through 36-69-10 Enacted. No. 1283 (House Bill No. 1285). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize public safety officers and employees of local political subdivisions to provide mutual aid during local emergencies and at other times under certain circumstances; to provide a short title; to define a certain term; to provide for which officer shall be in command of certain other officers and employees in a local emergency; to provide for the powers, duties, rights, privileges, compensation, and immunities of public safety employees when rendering aid outside of their political subdivisions; to provide for the cost of equipment damaged or lost; to provide for immunity from liability with respect to the acts or omissions of certain employees; to provide that certain provisions of this Act shall not be construed as creating a duty on the part of a public safety agency to take

Page 888

certain actions; to provide for applicability; 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 68 a new Chapter 69 to read as follows: CHAPTER 69 36-69-1. This chapter shall be known and may be cited as `Georgia Mutual Aid Act.' 36-69-2. As used in this chapter, the term `local emergency' means the existence of conditions of extreme peril to the safety of persons and property within the territorial limits of a political subdivision of the state caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision of the state and which require the combined forces of other political subdivisions of the state to combat. 36-69-3. (a) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same. (b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief or public safety director of any local political subdivision may,

Page 889

with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local fire department requesting the same. (c) Upon the request of any local law enforcement agency or local director of emergency medical services for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical technicians employed by a political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local law enforcement agency or local director of emergency services. (d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision to any of its agencies or employees covered by this Code section prior to any occurrence resulting in the need for such assistance. Such authorization may provide limitations and restrictions on such assistance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6. (e) The senior officer of the public safety agency of a political subdivision which requests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to strategy, tactics, and overall direction of the operations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be relayed to the senior officer in command of the public safety agency rendering assistance extraterritorially. 36-69-4. Whenever the employees of any political subdivision are rendering aid outside their political subdivision and pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed.

Page 890

36-69-5. Unless otherwise provided by contract, the political subdivision which furnishes any equipment pursuant to this chapter shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof. Unless otherwise provided by contract, the political subdivision furnishing aid pursuant to this chapter shall compensate its employees during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in redering such aid. 36-69-6. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision when performing their respective functions within the territorial limits of their respective political subdivisions shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees. 36-69-7. Neither a public safety agency which requests assistance pursuant to Code Section 36-69-3 nor the political subdivision in which the public safety agency is located shall be liable for any acts or omissions of employees of a responding public safety agency rendering assistance extraterritorially under the provisions of this chapter. 36-69-8. (a) The provisions of this chapter shall not be construed as creating a duty on the part of any public safety agency of a local political subdivision to respond to a request from any public safety agency of another local political subdivision as authorized in Code Section 36-69-3. (b) Notwithstanding the provisions of subsection (e) of Code Section 36-69-3, the provisions of this chapter shall

Page 891

not be construed as creating a duty on the part of a public safety agency rendering assistance extraterritorially to stay at the scene of a local emergency for any length of time. Such responding public safety agency may depart the scene of a local emergency at any time at the discretion of the officer in command of the public safety agency rendering assistance extraterritorially at the scene of the local emergency. 36-69-9. (a) The authority of this chapter shall be cumulative to and in addition to mutual aid resource pacts authorized under Chapter 6 of Title 25 or contracts between political subdivisions for the provision of services authorized under Section II of Article IX of the Constitution. (b) The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority exercised by the sheriffs of this state as of July 1, 1988. 36-69-10. The provisions of this chapter shall not apply to any emergency in which the chief executive of a political subdivision assigns or makes available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related services, and to police, transportation, construction, and similar items or services for emergency management purposes outside of the physical limits of the subdivision as provided in Code Section 38-3-27. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 892

MOTOR VEHICLES AND TRAFFICPRIVATE PERSONS PROCESSING APPLICATIONS FOR MOTOR VEHICLE REGISTRATION; PERFORMANCE BONDS. Code Section 40-2-24 Amended. No. 1284 (House Bill No. 1382). 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 generally, so as to authorize the tax commissioner of each county to require certain private persons processing applications for motor vehicle registration to give annual performance bonds; 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 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking Code Section 40-2-24, relating to processing by private persons of applications for registration of motor vehicles, and inserting in its place a new Code Section 40-2-24 to read as follows: 40-2-24. (a) The commissioner is authorized and directed to promulgate rules and regulations governing the processing by private persons, in any manner whatsoever, of applications for the registration of vehicles. (b) (1) The tax commissioner of each county shall be authorized to require any private person processing applications for the registration of vehicles pursuant to subsection (a) of this Code section to give an annual performance bond in the amount of $25,000.00 with good and sufficient surety or sureties licensed to do business in this state payable to, in favor of, and for the protection of the county in which such person processes such applications. Such bond shall be posted prior to the beginning of business

Page 893

operations each year and satisfactory proof of such bond shall be filed in the office of the tax commissioner requiring such bond prior to the beginning of business operations each year. (2) Any person who violates any provision of paragraph (1) of this subsection shall be guilty of a misdemeanor. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. CLERKS OF SUPERIOR COURTSRECORDS OF SEX CRIMINAL CONVICTIONS; PROVISIONS REPEALED. Code Section 15-6-71 Repealed. No. 1285 (House Bill No. 1429). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal the provisions relating to records of sex criminal convictions and furnishing records to the Georgia Bureau of Investigation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking Code Section 15-6-71, relating to records of sex criminal convictions and furnishing records to the Georgia Bureau of Investigation, which reads as follows:

Page 894

15-6-71. (a) For the purposes of this Code section, the term `sex criminal' means a person who is convicted of one of the following crimes: (1) Rape; (2) Attempted rape; (3) Molesting a minor child or female; (4) Sodomy; (5) Bestiality; (6) Incest; (7) Kidnapping of a female; (8) Soliciting for prostitution; or (9) Peeping Tom. (b) The clerk of the superior court shall keep a separate record of each sex criminal convicted in the county. (c) The record of each sex criminal shall contain the following information concerning the offender: (1) Name, including any alias; (2) Age; (3) Race; (4) Physical characteristics; (5) Nature of crime; (6) Previous sex crimes for which convicted in county; (7) Other previous crimes for which convicted in county;

Page 895

(8) Permanent home address; and (9) Any other pertinent information which may be deemed necessary by the state agency processing and filing the records. (d) At a time not later than one term subsequent to the offender's conviction, the record shall be furnished to the Georgia Bureau of Investigation on a form provided by the bureau., and inserting in lieu thereof the following: 15-6-71. Reserved. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. AD VALOREM TAXESPREFERENTIAL ASSESSMENT OF AGRICULTURAL PROPERTY; TRANSFER OF PROPERTY TO A RELATIVE. Code Section 48-5-7.1 Amended. No. 1286 (House Bill No. 1464). 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 agricultural property, so as to provide that a certain amount of property subject to a covenant of agricultural use may under certain circumstances be transferred to a relative of an owner of the property; to provide that such a transfer shall not constitute a breach of the covenant; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 896

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 agricultural property, is amended by striking subsection (n) and inserting in its place a new subsection to read as follows: (n) (1) The transfer prior to July 1, 1988, of a part of the property subject to a covenant shall not constitute a breach of a covenant entered into before or after July 1, 1984, if: (A) The part of the property so transferred is used for single-family residential purposes and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (B) The part of the property so transferred, taken together with any other part of the property so transferred during the covenant period, does not exceed a total of three acres. (2) The transfer on or after July 1, 1988, of a part of the property subject to a covenant shall not constitute a breach of a covenant entered into before or after July 1, 1988, if: (A) The part of the property so transferred is transferred to a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and (B) The part of the property so transferred, taken together with any other part of the property transferred to the same relative during the covenant period, does not exceed a total of five acres. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 897

MOTOR VEHICLES AND TRAFFICDRIVERS' LICENSES; SUSPENSION; REVOCATION OF PROBATIONARY LICENSES; PERSONAL IDENTIFICATION CARDS; DRIVING WHILE LICENSE IS SUSPENDED OR REVOKED; CITATIONS. Code Title 40, Chapter 5 Amended. No. 1287 (House Bill No. 1467). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to require judges to notify the Department of Public Safety of certain convictions within ten days; to change the provisions relating to the suspension of a driver's license for the failure to respond to a citation; to add to the list of offenses for which a probationary licensee may have the license revoked; to authorize the Department of Public Safety to determine what identification number may be used to issue a personal identification card; to change the requirements and procedures for issuing a citation to an individual who is operating a vehicle while his driver's license is suspended or revoked and to provide for pleas of nolo contendere in such cases; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (b) of Code Section 40-5-54, relating to suspension of drivers' licenses, and inserting in lieu thereof a new subsection (b) to read as follows: (b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public

Page 898

Safety for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety within ten days from the date of conviction. The Department of Public Safety shall notify the defendant of the period of suspension at the address provided by the defendant. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 40-5-56, relating to penalties for failing to respond to citations, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The provisions of this Code section shall not apply to any offense for which a license may be suspended by the department. Section 3 . Said chapter is further amended by striking subparagraph (B) of paragraph (6) of subsection (e) of Code Section 40-5-58, relating to habitual violators, and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54, Code Section 40-5-121, or Code Section 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on his license, shall have his license revoked by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54, Code Section 40-5-121, or Code Section 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 40-5-100, relating to personal

Page 899

identification cards, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The identification card shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall be the same as the social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. Section 5 . Said chapter is further amended by striking subsections (b) and (c) of Code Section 40-5-121, relating to driving while a license is suspended or revoked, which read as follows: (b) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended or revoked, shall extend the period of suspension or revocation for an additional year if the prior suspension or revocation was imposed under Code Section 40-5-54, 40-5-57, 40-5-70, or 40-5-72. If the prior suspension was imposed under any other provision of this chapter, or any other provision of Georgia law, the department shall extend the period of suspension for an additional six months. The additional periods of suspension or revocation provided for in this Code section shall begin on the date the license is surrendered to the department or a court of competent jurisdiction, or the conviction date of the offense, whichever date is later. (c) The department shall extend the period of suspension as provided in subsection (b) of this Code section upon receiving a record of a driver's conviction of violating any law or ordinance regulating the operation of motor vehicles if such offense was committed at a time when his license was suspended and shall revoke the registration and license plate of the vehicle driven by such driver. If the vehicle was not owned by the driver, the owner of the vehicle may avoid suspension of the registration and license plate by filing an affidavit with the commissioner setting forth such facts as the commissioner may require to show that such owner had no knowledge that the license of the driver was suspended or revoked.,

Page 900

and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) (1) The charge of driving with a suspended license shall not be made unless the arresting officer has verified a service date and such date is placed on the Uniform Citation. If the suspension is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the Department of Public Safety. If the suspension is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the Department of Public Safety. (2) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended or revoked, shall extend the period of suspension for six months. The court shall be required to confiscate the license, if applicable, and attach it to the Uniform Citation and forward it to the department within ten days of conviction. The period of suspension provided for in this Code section shall begin on the date the person is convicted of violating this Code section. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving with suspended license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. There shall be no limited driving permit available for a suspension under this Code section. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 901

HOUSING AUTHORITIESCOOPERATION WITH URBAN RESIDENTIAL FINANCE AUTHORITIES. Code Section 8-3-13 Amended. No. 1288 (House Bill No. 1499). AN ACT To amend Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, so as to authorize certain cooperation and joint operation between housing authorities and urban residential finance 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 . Code Section 8-3-13 of the Official Code of Georgia Annotated, relating to cooperation and joint operation of housing authorities, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Any two or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (including the issuance of bonds, notes, or other obligations and giving security therefor), planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area of operation of any one or more of said authorities. For such purpose, an authority may by resolution prescribe and authorize any other housing authority or authorities, so joining or cooperating with it, to act on its behalf with respect to any or all powers. For purposes of this Code section the term `authorities' shall include an urban residential finance authority created pursuant to the provisions of Chapter 41 of Title 36. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 902

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. DOWNTOWN DEVELOPMENT AUTHORITIESCONTRACTS WITH URBAN RESIDENTIAL FINANCE AUTHORITIES. Code Section 36-42-8 Amended. No. 1289 (House Bill No. 1502). AN ACT To amend Code Section 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, so as to authorize the making and execution of certain additional contracts, agreements, and other instruments; 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 36-42-8 of the Official Code of Georgia Annotated, relating to the powers of downtown development authorities generally, is amended by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph (3) to read as follows: (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and

Page 903

agreements to join or cooperate with an urban residential finance authority, created by the municipal corporation within which the downtown development area is located pursuant to the provisions of Chapter 41 of this title, in the exercise, either jointly or otherwise, of any or all of its powers for the purpose of financing, including the issuance of revenue bonds, notes, or other obligations of the authorities, planning, undertaking, owning, constructing, operating, or contracting with respect to any projects located within the downtown development area; 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 5, 1988. GEORGIA ARBITRATION CODEENACTMENT. Code Title 9, Chapter 9 Amended. No. 1290 (Senate Bill No. 73). AN ACT To amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to repeal certain provisions relative to common-law arbitration; to repeal certain provisions relating to special statutory provisions relative to arbitration; to extend certain provisions relative to arbitration of construction contracts to agreements to arbitrate generally; to provide for a short title; to provide for applicability; to provide for enforcement of agreements to arbitrate without regard to justiciability of the controversy; to change certain provisions relative to venue; to provide for orders of attachment and preliminary injunctions under certain circumstances; to provide for

Page 904

court discretion in applying bar of limitation of time; to provide for waiver of limitation of time; to provide for time for asserting limitation of time as bar; to provide procedures for applications to compel arbitration; to change certain requirements in the appointment of arbitrators; to eliminate the requirement of an oath for arbitrators; to remove the authority of the court to override the arbitrators' selection of location for hearings; to provide time for asserting right to an attorney; to provide that such right to an attorney may not be waived; to provide for service on attorney for party; to provide for authority of arbitrators; to remove authority of court to deny enforcement of arbitrators' subpoenas; to provide authority for parties to obtain certain information; to provide procedures relative to the time for award; to change the times for applications for vacation and modification of awards; to change certain procedures and grounds for such applications; to provide that arbitrations be enforced as other judgments or decrees; to remove authority of court to reduce or disallow expenses; to provide for affect of death or incompetency of a party in arbitration; to provide for consolidation of arbitration proceedings; to provide for arbitration of international disputes; to provide for applicability; to provide for procedures; to provide for arbitrators; to provide for authority of arbitrators; to provide for selection of law governing arbitration; to provide for experts; to provide for confirmation or vacation of awards; to provide for enforcement of awards; to provide for time limitations; to repeal specifically Article 1 and Parts 1, 2, and 3 of Article 2 of said chapter; to provide for redesignation of certain provisions; 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 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, is amended by striking Article 1 of said chapter, relating to common-law arbitration in its entirety, and inserting in lieu thereof a new Part 1 of Article 1 to read as follows: ARTICLE 1 Part 1 9-9-1. This part shall be known and may be cited as the `Georgia Arbitration Code.'

Page 905

9-9-2. (a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on or after July 1, 1988, and to disputes arising on or after July 1, 1988, in agreements specified in subsection (c) of this Code section. (b) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, shall apply to construction contracts, contracts of warranty on construction, and contracts involving the architectural or engineering design of any building or the design of alterations or additions thereto made between July 1, 1978, and July 1, 1988, and on and after July 1, 1988, this part shall apply as provided in subsection (a) of this Code section and shall provide the exclusive means by which agreements to arbitrate arising under such contracts can be enforced. (c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes cna be enforced, except the following, to which this part shall not apply: (1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers; (3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods, as defined in Title 11, the `Uniform Commercial Code,'

Page 906

under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the `Fair Business Practices Act of 1975'; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort. 9-9-3. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. 9-9-4. (a) (1) Any application to the court under this part shall be made to the superior court of the county where venue lies, unless the application is made in a pending court action, in which case it shall be made to the court hearing that action. Subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs. (2) All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the

Page 907

motion shall be filed in the same manner as a compliant in a civil action. (b) Venue for applications to the court shall lie: (1) In the county where the agreement provides for the arbitration hearing to be held; or (2) If the hearing has already been held, in the county where it was held; or (3) In the county where any party resides or does business; or (4) If there is no county as described in paragraph (1), (2), or (3) of this subsection, in any county. (c) (c) (1) A demand for arbitration shall be served on the other parties by registered or certified mail, return receipt requested. (2) The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title. (3) All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title. (d) In determining any matter arising under this part, the court shall not consider whether the claim with respect to which arbitration is sought is tenable nor otherwise pass upon the merits of the dispute. (e) The superior court in the county in which an arbitration is pending, or, if not yet commenced, in a county specified in subsection (b) of this Code section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.

Page 908

9-9-5. (a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The court has discretion in deciding whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by that party's participation in the arbitration. (b) Failure to make this application to the court shall not preclude a party from asserting before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for vacating or modifying an award. 9-9-6. (a) A party aggrieved by the failure of another to arbitrate may apply for an order compelling arbitration. If the court determines there is no substantial issue concerning the validity of the agreement to submit to arbitration or compliance therewith and the claim sought to be arbitrated is not barred by limitation of time, the court shall order the parties to arbitrate. If a substantial issue is raised or the claim is barred by limitation of time, the court shall summarily hear and determine that issue and, accordingly, grant or deny the application for an order to arbitrate. If an issue claimed to be arbitrable is involved in an action pending in a court having jurisdiction to hear a motion to compel arbitration, the application shall be made by motion in that action. If the application is granted, the order shall operate to stay a pending or subsequent action, or so much of it as is referable to arbitration. (b) Subject to subsections (c) and (d) of this Code section, a party who has not participated in the arbitration and who has not made an application to compel arbitration may apply to stay arbitration on the grounds that: (1) No valid agreement to submit to arbitration was made; (2) The agreement to arbitrate was not complied with; or

Page 909

(3) The arbitration is barred by limitation of time. (c) A party may serve upon another party a demand for arbitration. This demand shall specify: (1) The agreement pursuant to which arbitration is sought; (2) The name and address of the party serving the demand; (3) That the party served with the demand shall be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court unless he makes application to the court within 30 days for an order to stay arbitration; and (4) The nature of the dispute or controversy sought to be arbitrated; provided, however, that the demand for arbitration may be amended by either party to include disputes arising under the same agreement after the original demand is served. (d) After service of the demand, or any amendment thereof, the party served must make application within 30 days to the court for a stay of arbitration or he will thereafter be precluded from denying the validity of the agreement or compliance therewith or from asserting limitation of time as a bar in court. Notice of this application shall be served on the other parties. The right to apply for a stay of arbitration may not be waived, except as provided in this Code section. (e) Unless otherwise provided in the arbitration agreement, a party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exist between the same parties or one party is a party to a separate arbitration agreement or proceeding with a third party;

Page 910

(2) The disputes arise from the same transactions or series of related transactions; and (3) There is a common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators. (f) If all the applicable arbitration agreements name the same arbitrator, arbitration panel, or arbitration tribunal, the court, if it orders consolidation under subsection (e) of this Code section, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation under subsection (e) of this Code section, shall, in the absence of an agreed method of selection by all parties to the consolidated arbitration, appoint an arbitrator. (g) In the event that the arbitration agreements in proceedings consolidated under subsection (e) of this Code section contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of various parties. (h) If the court orders consolidation under subsection (e) of this Code section, the court may exercise its discretion to deny consolidation of separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings. 9-9-7. (a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there is only one arbitrator, the term `arbitrators' shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if: (1) The agreement does not provide for a method of appointment; (2) The agreed method fails; (3) The agreed method is not followed for any reason; or

Page 911

(4) The arbitrators fail to act and no successors have been appointed. (c) An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement. 9-9-8. (a) The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by registered or certified mail, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. (b) The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear. (c) A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney. (d) The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. (e) The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.

Page 912

(f) Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection. 9-9-9. (a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action. (b) Notices to produce books, writings, and other documents or tangible things; depositions; and other discovery may be used in the arbitration according to procedures established by the arbitrators. (c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration. (d) Witnesses shall be compensated in the same amount and manner as witnesses in the superior courts. 9-9-10. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy of the award to each party personally or by registered or certified mail, return receipt requested, or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within 30 days following the close of the hearing or within such time as the court orders. The parties may extend in writing the time either before or after its expiration. A party waives the objection that an award was not made within the time required unless he notifies in writing the arbitrators of his objection prior to the delivery of the award to him. 9-9-11. (a) Pursuant to the procedure described in subsection (b) of this Code section, the arbitrators may change the award upon the following grounds:

Page 913

(1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a matter of form, not affecting the merits of the controversy. (b) (1) An application to the arbitrators for a change in the award shall be made by a party within 20 days after delivery of the award to the applicant. Written notice of this application shall be served upon the other parties. (2) Objection to a change in the award by the arbitrators must be made in writing to the arbitrators within ten days of service of the application to change. Written notice of this objection shall be served upon the other parties. (3) The arbitrators shall dispose of any application made under this Code section in a written, signed order within 30 days after service upon them of objection to change or upon the expiration of the time for service of this objection. The parties may extend, in writing, the time for this disposition by the arbitrators either before or after its expiration. (4) An award changed under this Code section shall be subject to the provisions of this part concerning the confirmation, vacation, and modification of awards by the court. 9-9-12. The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this part. 9-9-13. (a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant.

Page 914

(b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arbitration if the court finds that the rights of that party were prejudiced by: (1) Corruption, fraud, or misconduct in procuring the award; (2) Partiality of an arbitrator appointed as a neutral; (3) An overstepping by the arbitrators of their authority or such imperfect execution of it that a final and definite award upon the subject matter submitted was not made; or (4) A failure to follow the procedure of this part, unless the party applying to vacate the award continued with the arbitration with notice of this failure and without objection. (c) The award shall be vacated on the application of a party who neither participated in the arbitration nor was served with a demand for arbitration or order to compel arbitration if the court finds that: (1) The rights of the party were prejudiced by one of the grounds specified in subsection (b) of this Code section; (2) A valid agreement to arbitrate was not made; (3) The agreement to arbitrate has not been complied with; or (4) The arbitrated claim was barred by limitation of time, as provided by this part. (d) The fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. (e) Upon vacating an award, the court may order a rehearing and determination of all or any of the issues either

Page 915

before the same arbitrators or before new arbitrators appointed as provided by this part. In any provision of an agreement limiting the time for a hearing or award, time shall be measured from the date of such order or rehearing, whichever is appropriate, or a time may be specified by the court. The court's ruling or order under this Code section shall constitute a final judgment and shall be subject to appeal in accordance with the appeal provisions of this part. 9-9-14. (a) An application to modify the award shall be made to the court within three months after delivery of a copy of the award to the applicant. (b) The court shall modify the award if: (1) There was a miscalculation of figures or a mistake in the description of any person, thing, or property referred to in the award; (2) The arbitrators awarded on a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a manner of form, not affecting the merits of the controversy. (c) If the court modifies the award, it shall confirm the award as modified. If the court denies modification, it shall confirm the award made by the arbitrators. 9-9-15. (a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judgment or decree. (b) The judgment roll shall consist of the following: (1) The agreement and each written extension of time within which to make the award; (2) The award; (3) A copy of the order confirming, modifying, or correcting the award; and

Page 916

(4) A copy of the judgment. 9-9-16. Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5. 9-9-17. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. 9-9-18. Where a party dies or becomes incompetent after making a written agreement to arbitrate, the proceedings may be begun or continued upon the application of, or upon notice to, his executor or administrator or trustee or guardian or, where it relates to real property, his distributee or devisee who has succeeded to his interest in the real property. Upon the death or incompetency of a party, the court may extend the time within which an application to confirm, vacate, or modify the award or to stay arbitration must be made. Where a party has died since an award was delivered, the proceedings thereupon are the same as where a party dies after a verdict. Section 2 . Said chapter is further amended by adding a new Part 2 of Article 1 to read as follows: Part 2 9-9-30. In order to encourage the use of arbitration in the resolution of conflicts arising out of international transactions effectuating the policy of the state to provide a conducive environment for international business and trade, this part supplements Part 1 of this article and shall be used concurrently with the provisions of Part 1 of this article whenever an arbitration is within the scope of this part. 9-9-31. (a) This part shall apply to arbitrations within its scope notwithstanding provisions in Part 1 of this article to the contrary. (b) This part shall apply only to the arbitration of disputes between:

Page 917

(1) Two or more persons at least one of whom is domiciled or established outside the United States; or (2) Two or more persons all of whom are domiciled or established in the United States if the dispute bears some relation to property, contractual performance, investment, or other activity outside the United States. (c) Notwithstanding the provisions of subsection (b) of this Code section, this part shall not apply to the arbitration of any of the exceptions set forth in Part 1 of this article. 9-9-32. For purposes of this part, in particular, an agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams, or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement, provided that the contract is in writing and the reference is such as to make that clause part of the contract. 9-9-33. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. 9-9-34. The arbitrators may rule on their own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitrators that the contract is null and void shall not thereby invalidate the arbitration clause. 9-9-35. The arbitrators may grant such interim relief as they consider appropriate and, in so doing, may require a party to post bond or give other security. The power conferred in this Code section upon the arbitrators is without prejudice to the right of a party to request interim relief directly from any court, tribunal, or other governmental authority,

Page 918

inside or outside this state, and to do so without prior authorization of the arbitrators. 9-9-36. Selection of this state as the place of arbitration shall not in itself constitute selection of the procedural or substantive law of that place as the law governing the arbitration. 9-9-37. (a) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitrators shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitrators. (b) The arbitrators may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitrators. 9-9-38. (a) Unless otherwise agreed by the parties, the arbitrators: (1) May appoint one or more experts to report on specific issues to be determined by the arbitrators; and (2) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for his inspection. (b) Unless otherwise agreed by the parties, if a party so requests or if the arbitrators consider it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue. 9-9-39. (a) A written statement of the reasons for an award shall be issued if the parties agree to the issuance thereof or the arbitrators determine that a failure to do so could prejudice recognition or enforcement of the award.

Page 919

(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitrators to give an interpretation of a specific point or part of the award. The interpretation shall form part of the award. (c) The arbitrators may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate. 9-9-40. The courts of this state shall confirm or vacate a final award, notwithstanding the fact that it grants relief in a currency other than United States dollars. 9-9-41. If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall confirm or vacate the award without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into judgment. 9-9-42. An arbitration award irrespective of where it was made, on the basis of reciprocity, shall be recognized as binding and shall be enforceable in the courts of this state subject to the grounds for vacating an award under Part 1 of this article and providing that the award is not contrary to the public policy of this state with respect to international transactions. Reciprocity in the recognition and enforcement of foreign arbitral awards shall be in accordance with applicable federal laws, international conventions, and treaties. 9-9-43. For arbitrations arising under this part, time periods set forth in the following Code sections of Part 1 of this article shall be modified as follows: (1) The time periods referred to in subsections (c) and (d) of Code Section 9-9-6 and in Code Section 9-9-11 shall be doubled; (2) The time period contained in subsection (b) of Code Section 9-9-10 shall not be applicable; and

Page 920

(3) The ten-day time period in subsection (a) of Code Section 9-9-8 shall be 30 days. Section 3 . Said chapter is further amended by striking existing Parts 1, 2, and 3 of Article 2 and by redesignating Code Sections 9-9-110 through 9-9-133 of existing Part 4 of Article 2 as Code Sections 9-9-60 through 9-9-83, respectively, of new Article 2. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACOUNTY BOARDS AND DEPARTMENTS OF HEALTH IN COUNTIES OF 550,000 OR MORE; PAYMENTS. Code Section 47-2-297 Enacted. No. 1291 (Senate Bill No. 87). AN ACT To amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, so as to provide that the Department of Human Resources shall make payments to the governing authority of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census to partially reimburse such county for expenses incurred by such county in providing retirement system services for employees of the county board and department of health of such county; to provide for definitions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 921

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to particular groups of employees, is amended by adding at the end of Part 9 thereof, relating to classifications of certain officials and employees, a new Code Section 47-2-297 to read as follows: 47-2-297. (a) This Code section shall apply only to counties, county boards and departments of health, and employees of county boards and departments of health 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. (b) As used in this Code section, the term: (1) `Employee' means an employee of a county board or department of health of a county subject to the provisions of this Code section who: (A) Is a member of a local retirement system; and (B) Would be eligible for membership in and a member of the Employees' Retirement System of Georgia if employed by a county board or department of health of a county other than a county subject to the provisions of this Code section. (2) `Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof employees of the county boards or departments of health, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia. (3) `Salary supplement' means compensation paid from county funds to employees of county boards or departments of health in addition to the compensation paid

Page 922

to such employees from state funds or from state funding sources. (c) The Department of Human Resources shall make payments to the governing authority of a county subject to the provisions of this Code section to partially reimburse the county for the cost incurred by the county in providing for the membership in a local retirement system of each employee. The amount of the payment for each employee shall be an amount equal to three-fourths of the amount which would be paid by the Department of Human Resources as the employer contribution to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. It is specifically provided, however, that such employer contributions shall be based on state compensation paid to the employee or on the amount paid from state funds to the county as compensation for the employee, and any salary supplement to such compensation shall not be considered in the determination of the amount of the employer contribution. (d) The reimbursement payments provided for by subsection (c) of this Code section shall be paid for all service by an employee as a member of a local retirement system which is completed after the date that funding of this Code section begins as provided in subsection (f) of this Code section. When such funding begins, such reimbursement payments shall be paid to the county at the same time employer contribution would be paid by the Department of Human Resources to the Employees' Retirement System of Georgia if the employee were a member of the retirement system. (e) If at any time any employee becomes a member of the Employees' Retirement System of Georgia, the reimbursement payments provided for by this Code section shall cease for that employee on the effective date of membership in the Employees' Retirement System of Georgia. (f) The payments to a county governing authority provided for by this Code section shall be contingent upon appropriations made by the General Assembly to the Department of Human Resources for the purpose of making such payments. To the extent that the General Assembly appropriates

Page 923

less than the amount necessary to pay the full amount provided for by this Code section, the amount otherwise payable shall be reduced in accordance with the amount actually appropriated by the General Assembly. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. LANDLORD AND TENANTSUSPENSION OF UTILITY SERVICE BY LANDLORD. Code Section 44-7-14.1 Enacted. Code Section 44-7-54 Amended. No. 1292 (Senate Bill No. 248). AN ACT To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to provide that it shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until the final disposition of any dispossessory proceeding by the landlord against such tenant; to provide for a definition; to provide for a penalty; to provide for the payment into court of utility payments by a tenant during dispossessory proceedings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by adding a new Code section immediately following Code Section

Page 924

44-7-14, to be designated Code Section 44-7-14.1, to read as follows: 44-7-14.1. (a) As used in this Code section, the term `utilities' means heat, light, and water service. (b) It shall be unlawful for any landlord knowingly and willfully to suspend the furnishing of utilities to a tenant until after the final disposition of any dispossessory proceeding by the landlord against such tenant. (c) Any person who violates subsection (b) of this Code section shall, upon conviction, be assessed a fine not to exceed $500.00. Section 2 . Said chapter is further amended by striking in its entirety Code Section 44-7-54, relating to the payment of rent into court during dispossessory proceedings, and inserting in its place a new Code Section 44-7-54 to read as follows: 44-7-54. (a) In any case where the issue of the right of possession cannot be finally determined within two weeks from the date of service of the copy of the summons and the copy of the affidavit, the tenant shall be required to pay into the registry of the trial court: (1) All rent and utility payments which are the responsibility of the tenant payable to the landlord under terms of the lease which become due after the issuance of the dispossessory warrant, said rent and utility payments to be paid as such become due. If the landlord and the tenant disagree as to the amount of rent, either or both of them may submit to the court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the court. If the amount of rent is in controversy and no written rental agreement exists between the tenant and landlord, the court shall require the amount of rent to be a sum equal to the last previous rental payment made by the tenant and accepted by the landlord without written objection; and (2) All rent and utility payments which are the responsibility of the tenant payable to the landlord under

Page 925

terms of the lease allegedly owed prior to the issuance of the dispossessory warrant; provided, however, that, in lieu of such payment, the tenant shall be allowed to submit to the court a receipt indicating that payment has been made to the landlord. In the event that the amount of rent is in controversy, the court shall determine the amount of rent to be paid into court in the same manner as provided in paragraph (1) of this subsection. (b) If the tenant should fail to make any payment as it becomes due pursuant to paragraph (1) or (2) of subsection (a) of this Code section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff, the deputy, or the constable. (c) The court shall order the clerk of the court to pay to the landlord the payments claimed under the rental contracts paid into the registry of the court as said payments are made; provided, however, that, if the tenant claims that he is entitled to all or any part of the funds and such claim is an issue of controversy in the litigation, the court shall order the clerk to pay to the landlord without delay only that portion of the funds to which the tenant has made no claim in the proceedings or may make such other order as is appropriate under the circumstances. That part of the funds which is a matter of controversy in the litigation shall remain in the registry of the court until a final determination of the issues. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 926

ELECTIONSAPPLICATIONS FOR ABSENTEE BALLOTS AS CHANGE OF ADDRESS NOTIFICATIONS. Code Sections 21-2-240 and 21-3-140 Amended. No. 1293 (Senate Bill No. 402). AN ACT To amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to provide that the board of registrars may accept a properly submitted application for an absentee ballot as a change of address notification; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to procedure upon change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing, under oath; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county which is different from the address contained on the person's registration card.

Page 927

Section 2 . Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its entirety Code Section 21-3-140, relating to the procedure upon change of residence of an elector, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows: 21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing, under oath; and the board shall place such person's name on the proper list of electors. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the municipality which is different from the address contained on the person's registration card. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. Section 3 . This Act shall become effective on January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 928

ELECTIONSCHANGE OF ADDRESS; OATH. Code Sections 21-2-240 and 21-3-140 Amended. No. 1294 (Senate Bill No. 404). AN ACT To amend Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon change of an elector's residence, so as to remove the requirement that a change of address be made under oath; to amend Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, so as to change the procedure relating to change of residence of an elector by removing the requirement that a change of address be made under oath; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 21-2-240 of the Official Code of Georgia Annotated, relating to the procedure upon the change of an elector's residence, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) In the event any elector moves to a residence within the county and has a different address from the address contained on the person's registration card, it shall be his duty to notify the board of registrars of such fact 30 days prior to the primary or election in which he wishes to vote by submitting the change of address in writing; and the board of registrars shall place such person's name on the proper list of electors at least five days prior to such primary or election. Section 2 . Article 6 of Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters in municipal elections, is amended by striking in its entirety Code Section 21-3-140, relating to the procedure upon change

Page 929

of residence of an elector, and inserting in lieu thereof a new Code Section 21-3-140 to read as follows: 21-3-140. In the event any elector moves to a residence within the municipality which has a different address from the address contained on such person's registration card, it shall be his duty to notify the board of registrars of such fact by submitting the change of address in writing; and the board shall place such person's name on the proper list of electors. Any elector who moves to a residence within the municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact prior to an election or primary shall vote in the precinct of his former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms which shall be completed by each such elector to reflect his present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which he has previously been voting, he shall be notified of his new polling place by first-class mail. Section 3 . This Act shall become effective on January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 930

MUNICIPAL CORPORATIONSRESIDENCY REQUIREMENTS FOR NONJUDICIAL MUNICIPAL OFFICES. Code Section 45-2-1 Amended. No. 1295 (Senate Bill No. 408). AN ACT To amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to provide that municipalities may by charter provide for lesser residency requirements to hold nonjudicial municipal offices; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, is amended by striking paragraph (1) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Persons who are not citizens of this state and persons under the age of 21 years; provided, however, that upon passage of appropriate local ordinances, citizens of this state who are otherwise qualified and who have attained 18 years of age shall be eligible to hold any county or municipal office, except such offices of a judicial nature. The residency requirement for a candidate for any county office, except offices of a judicial nature, shall be 24 months residency within the county. The residency requirement for a candidate for any municipal office, except offices of a judicial nature, shall be 24 months residency within the municipality; provided, however, that municipalities may by charter provide for lesser residency requirements for candidates for municipal office, except offices of a judicial nature;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 931

COUNTIESCONSTITUTIONAL COUNTY OFFICERS; MINIMUM ANNUAL SALARIES; COST-OF-LIVING ADJUSTMENTS. Code Sections 15-6-88, 15-9-63, 15-16-20, and 48-5-183 Amended. No. 1296 (Senate Bill No. 463). AN ACT To amend the Official Code of Georgia Annotated, so as to provide periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers in this state; to provide that such periodic cost-of-living adjustments to the minimum annual salaries of the constitutional county officers shall be based on cost-of-living adjustments received by employees in the classified service of the state merit system; to provide procedures; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . The Official Code of Georgia Annotated is amended by striking in its entirety Code Section 15-6-88, relating to the schedule of minimum salaries applicable to clerks of the superior courts, and inserting in lieu thereof a new Code Section 15-6-88 to read as follows: 15-6-88. (a) 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

Page 932

which any such county falls for the purposes of this Code section shall be determined according to the United States decennial census of 1970. Except as otherwise provided in subsection (b) of this Code section, each such clerk shall receive an annual salary, payable in equal monthly installments from the funds of the county, of not less than the amount fixed in the following schedule: Population Minimum Salary 05,999 $ 15,187.00 6,00011,999 20,856.00 12,00019,999 23,626.00 20,00029,999 25,313.00 30,00039,999 27,000.00 40,00049,999 28,688.00 50,00099,999 30,376.00 100,000199,999 32,064.00 200,000249,999 33,751.00 250,000294,999 46,674.00 295,000and up 51,524.00 (b) Whenever the employees in the classfied service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in subsection (a) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in subsection (a) of this Code section as authorized by this subsection shall become effective six months following the date that the cost-of-living increases received by state employees becomes effective.

Page 933

Section 2 . Said Code is further amended by adding at the end of subsection (a) of Code Section 15-9-63, relating to the schedule of minimum salaries applicable to judges of the probate courts, a new paragraph (3) to read as follows: (3) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (2) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (2) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (2) of this subsection as authorized by this paragraph shall become effective six months following the date that the cost-of-living increases received by state employees becomes effective. Section 3 . Said Code is further amended by striking in its entirety subsection (a) of Code Section 15-16-20, relating to the schedule of minimum salaries applicable to sheriffs, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he serves, as determined by the United States decennial census of 1980 or any future such census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule:

Page 934

Population Minimum Salary 0 - 5,999 $21,405.00 6,000 - 11,999 23,885.00 12,000 - 19,999 27,430.00 20,000 - 29,999 30,204.00 30,000 - 39,999 32,976.00 40,000 - 49,999 35,752.00 50,000 - 99,999 38,525.00 100,000 - 199,999 41,144.00 200,000 - 249,999 44,073.00 250,000 - 299,999 48,241.00 300,000 - and up 53,873.00 (2) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection as authorized by this paragraph shall become effective six months following the date that the cost-of-living increases received by state employees becomes effective. Section 4 . Said Code is further amended by striking in its entirety subsection (b) of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Any other law to the contrary notwithstanding, except for the provisions of paragraph (2) of this subsection, the minimum annual salary of each tax collector and tax commissioner who is compensated by an annual salary shall

Page 935

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 officer shall receive an annual salary, payable in equal monthly installments from the funds of his county, of not less than the amount fixed in the following schedule: Population Minimum Salary 0 - 5,999 $14,022.00 6,000 - 11,999 17,520.00 12,000 - 19,999 19,752.00 20,000 - 29,999 21,035.00 30,000 - 39,999 22,784.00 40,000 - 49,999 25,407.00 50,000 - 99,999 29,798.00 100,000 - 199,999 34,170.00 200,000 - 295,000 38,802.00 295,001 and up 44,891.00 (2) Whenever the employees in the classified service of the state merit system receive a cost-of-living increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection as authorized by this paragraph shall become effective six months following the date that the cost-of-living increases received by state employees becomes effective. Section 5 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval

Page 936

and shall apply to cost-of-living adjustments received by employees in the classified service of the state merit system after such effective date. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. WORKERS' COMPENSATIONEMPLOYEES OF THE DEPARTMENT OF CORRECTIONS; FARM AND LIVESTOCK OPERATIONS. Code Section 34-9-2 Amended. No. 1297 (Senate Bill No. 473). AN ACT To amend Code Section 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, so as to extend coverage of the workers' compensation laws to employees of the Department of Corrections who are engaged in farm and livestock operations; 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 34-9-2 of the Official Code of Georgia Annotated, relating to the applicability of the workers' compensation laws to employers and employees generally, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) Notwithstanding the provisions of subsection (a) of this Code section, this chapter shall apply to employees of the Department of Corrections who are engaged in farm and livestock operations.

Page 937

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 5, 1988. INCOME TAXESREFUNDS; SETOFFS FOR COLLECTION OF DEBTS; DEPARTMENT OF LABOR; EMPLOYMENT SECURITY BENEFITS. Code Section 48-7-161 Amended. No. 1298 (Senate Bill No. 490). AN ACT To amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, so as to change the definition of the term claimant agency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions with respect to collection of debts through setoff of refunds from income taxes, is amended by striking paragraph (1) in its entirety and inserting 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,

Page 938

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; (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; and (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-159 and 34-8-160 and Article 5 of Chapter 8 of Title 34, with the exception of Code Section 34-8-123; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 939

EMPLOYMENT SECURITY LAWPENALTIES; FICTITIOUS EMPLOYING UNITS; DELINQUENT FILINGS; INTEREST RATES; EMPLOYEES OF EDUCATIONAL INSTITUTIONS. Code Title 34, Chapter 8 Amended. No. 1299 (Senate Bill No. 491). AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, so as to change certain penalty provisions relating to the Employment Security Law; to make it unlawful for any person to establish a fictitious employing unit for the purpose of receiving unemployment compensation benefits; to provide a penalty; to change the penalty amounts for delinquent filings of employers' reports; to change the interest rate assessed on delinquent employer contribution payments; to provide that employees of certain educational institutions shall be disqualified for benefits during certain stated intervals between academic years, terms, and holidays; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking in its entirety Code Section 34-8-5, relating to the effect of agreements to waive rights to benefits or to pay employer's contributions, and inserting in lieu thereof a new Code Section 34-8-5 to read as follows: 34-8-5. Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions or payments in lieu of contributions required under this chapter from such employer shall be void. No employer shall directly or indirectly make or require or accept any deduction from the

Page 940

wages of any individual in his employ to finance the employer's contributions or payments in lieu of contributions required of him or require or accept any waiver of any right under this chapter by any such individual. Any employer or officer or agent of an employer who violates any provision of this Code section shall, for each offense and upon conviction, be guilty of a misdemeanor. Section 2 . Said chapter is further amended by striking in its entirety Code Section 34-8-6, relating to the limitation of fees charged in proceedings under this chapter, and inserting in lieu thereof a new Code Section 34-8-6 to read as follows: 34-8-6. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Commissioner, the Board of Review, or his or its representatives, or by any court or any officer thereof. Any individual claiming benefits in any proceeding before the Commissioner, the Board of Review, or his or its representatives, or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the Board of Review. Any person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Section 3 . Said chapter is further amended by striking in its entirety Code Section 34-8-17, relating to penalties for violations of chapter or rules, regulations, or orders thereunder, and inserting in lieu thereof a new Code Section 34-8-17 to read as follows: 34-8-17. (a) Any person who knowingly makes a false representation or knowingly fails to disclose a material fact to obtain or increase any benefit or payment under this chapter or under an employment insurance act of any other state or government, either for himself or for any other person, whether such benefit or payment is actually received or not, upon conviction shall be guilty of a misdemeanor; and each such false representation or failure to disclose a material fact shall constitute a separate offense; provided, however, that if a false representation or failure to disclose a material fact occurs with respect to more than one claim, which claim

Page 941

was made in more than one benefit year, or if the benefits received under this chapter which were the subject of a false representation or failure to disclose a material fact exceed $4,000.00, any such person shall upon conviction be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation, knowing it to be false, or who knowingly fails to disclose a material fact in order to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject to this chapter or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required under this chapter or to produce or permit the inspection or copying of records as required hereunder shall upon conviction be guilty of a misdemeanor; and each such false statement or representation or failure to disclose a material fact and each day of such failure or refusal shall constitute a separate offense. (c) Any person who establishes a fictitious employing unit for the purpose of enabling such person or another person to receive benefits under this chapter to which such person is not entitled shall upon conviction be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (d) Any person who willfully violates any provision of this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter and for which a penalty is neither prescribed herein nor provided by any other applicable provision of this Code section, shall upon conviction be guilty of a misdemeanor; and each day such violation continues shall be deemed to be a separate offense. Section 4 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-8-78, relating

Page 942

to employers' records and reports, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each employing unit shall keep true and accurate work records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or his authorized representatives at any reasonable time and as often as may be necessary in such places as the Commissioner may prescribe. The Commissioner, the Board of Review, and the chairman of any appeal tribunal may require from any employing unit any sworn or unsworn reports with respect to persons employed by it which they deem necessary for the effective administration of this chapter. Information thus obtained or obtained from any individual pursuant to the administration of this chapter shall, except to the extent necessary for the proper presentation of a claim, be held confidential and shall not be published or be open to public inspection (other than to public employees in the performance of their public duties) in any manner revealing the individual's or employing unit's identity; provided, however, that any claimant or his legal representative at a hearing before an appeal tribunal or the Board of Review shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any member of the Board of Review or any employee of the Department of Labor who violates any provision of this subsection shall upon conviction be guilty of a misdemeanor. Section 5 . Said chapter is further amended by striking in its entirety Code Section 34-8-83, relating to requirements for filing of employers' reports and penalties for failure to file, and inserting in lieu thereof a new Code Section 34-8-83 to read as follows: 34-8-83. In accordance with such regulations as the Commissioner may prescribe, reports listing the name, Social Security number, and the amount of wages paid each employee shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply. Any employer who shall fail to file any such report on or before such date shall be penalized in the sum of $20.00 and in

Page 943

the additional sum of $20.00 for each month of delinquency thereafter of each such report; and such penalty assessment shall be due and payable as are delinquent contributions and its collection shall be enforced under procedure established in Code Section 34-8-127; provided, however, that on good cause shown the Commissioner may, in his discretion, grant one extension of time for the filing of any such report without penalty; provided, further, that inadvertent, unavoidable, or unintentional errors or omissions in a report which is filed in due time shall not subject the employer to the imposition of the penalty above provided for. Section 6 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-8-125, relating to interest on delinquent contribution payments and waiver of the collection of interest, and inserting in its place a new subsection (a) to read as follows: (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 1/2 percent per month or any fraction thereof from and after such date until payment plus accrued interest is received by the Commissioner. Section 7 . Said chapter is further amended by striking in their entirety paragraphs (1) and (2) of subsection (a) of Code Section 34-8-152, relating to determination of eligibility for benefits of persons performing certain services, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) Except as otherwise provided in this Code section, with respect to services performed in an instructional, research, or principal administrative capacity for any educational institution and with respect to services performed by employees of the United States government in educational institutions operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years or terms or when an agreement provides instead for a similar period between two regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract, to any individual

Page 944

if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any public or nonprofit educational institution in the second of such academic years or terms; (2) Except as otherwise provided in this Code section, with respect to services in any other capacity for any educational institution and with respect to services performed by employees of the United States government in educational institutions operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid on the basis of such services to any individual for any week which commences during a period between two successive academic years or terms, if such individual performs such services in the first of such academic years or terms and there is a reasonable assurance that such individual will perform such services in the second of such academic years or terms. However, if compensation is denied to any individual for any week under this paragraph and such individual was not offered an opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of this paragraph;. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 945

CONSERVATION AND NATURAL RESOURCESSUBMERGED CULTURAL RESOURCES; EXEMPTION; RULES. Code Sections 12-3-80, 12-3-81, and 12-3-82 Amended. No. 1300 (Senate Bill No. 503). AN ACT To amend Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to provide that the Board of Natural Resources may provide by rule that certain submerged cultural resources are of no economic or cultural value and may be exempt from provisions of this part; to provide that the Board of Natural Resources is empowered to promulgate such other rules relating to the effective administration of this part; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, is amended by striking in its entirety Code Section 12-3-80, relating to submerged cultural resources, generally, and inserting in lieu thereof a new Code Section 12-3-80 to read as follows: 12-3-80. As used in this part, the term `submerged cultural resources' means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the investigating, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia; provided, however, that the Board of Natural Resources may determine and provide by rule that certain submerged cultural resources

Page 946

are of no cultural or economic value to the State of Georgia such that items or areas so designated are not subject to the provisions of this part, including any permit requirements of Code Section 12-3-82. Section 2 . Said part is further amended by striking in its entirety subsection (a) of Code Section 12-3-81, relating to the power and duty to regulate submerged cultural resources, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The custodian of all submerged cultural resources shall be the Department of Natural Resources. The Board of Natural Resources is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, and recover such underwater properties and are necessary for the effective administration of this part. Section 3 . Said part is further amended by striking in its entirety Code Section 12-3-82, relating to permits, generally, and inserting in lieu thereof a new Code Section 12-3-82 to read as follows: 12-3-82. (a) Any person desiring to conduct investigation, survey, or recovery operations, in the course of which any part of a submerged cultural resource may be endangered, removed, displaced, or destroyed, shall first make application to the department for a permit to conduct such operations. The applicant shall submit a detailed plan outlining the location, objectives, scope, methods, plans for the preservation and storage of any submerged cultural resources to be recovered, and such other information about its proposed operation as the department may require. The applicant shall also submit the name of the professional archeologist who will supervise or conduct the operation. (b) If the department determines that the public interest and the preservation and protection of the submerged cultural resource will be served by allowing the operation for which a permit is sought, the department shall grant a permit subject to such terms and conditions as the department deems appropriate for the protection of the public interest and the preservation and protection of the submerged cultural resource.

Page 947

No permits shall be issued allowing the permittee to retain any recovered submerged cultural resources, or portion thereof, unless the department determines the resources to be retained are of no significant historical, archeological, or monetary value or are of such limited historical, archeological, or monetary value as to be reasonable compensation for the efforts of the permittee in furthering the public interest through the investigation, survey, protection, preservation, or recovery of other related underwater cultural resources. (c) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate. (d) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52. (e) The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of underwater cultural resources on such terms and conditions as the department deems appropriate. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 948

SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACTWITHDRAWAL OF PARTY STATE. Code Section 12-8-122 Amended. No. 1301 (Senate Bill No. 518). AN ACT To amend Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, so as to set forth the conditions upon which a party state may withdraw from the compact without the unanimous approval of the other party states and the consent of Congress; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 12-8-122 of the Official Code of Georgia Annotated, relating to the Southeast Interstate Low-Level Radioactive Waste Management Compact, is amended by adding to Article V of the compact a new Section e. to read as follows: e. No party state shall be required to operate a regional facility for longer than a 20-year period, or to dispose of more than 32,000,000 cubic feet of low-level radioactive waste, whichever first occurs. Section 2 . Said Code section is further amended by striking Section g. of Article VII of the compact and inserting in lieu thereof a new Section g. to read as follows: g. Subject to the provisions of Article VII, Section h., any party state may withdraw from this Compact by enacting a law repealing the Compact, provided that if a regional facility is located within such state, such regional facility shall remain available to the region for four years after the date the Commission receives notification in writing from

Page 949

the governor of such party state of the rescission of the Compact. The Commission, upon receipt of the notification, shall, as soon as practicable, provide copies of such notification to the governors, the presidents of the senates, and the speakers of the houses of representatives of the party states, as well as the chairmen of the appropriate committees of the Congress. Section 3 . Said Code section is further amended by striking Section h. of Article VII of the compact, which reads as follows: h. This Compact may be terminated only by the affirmative action of the Congress or by the rescission of all laws enacting the Compact in each party state., and inserting in lieu thereof a new Section h. to read as follows: h. The right of a party state to withdraw pursuant to Article VII Section g. shall terminate thirty days following the commencement of operation of the second host state disposal facility. Thereafter, a party state may withdraw only with the unanimous approval of the Commission and with the consent of Congress. For purposes of this section, the low-level radioactive waste disposal facility located in Barn-well County, South Carolina shall be considered the first host state disposal facility. Section 4 . Said Code section is further amended by adding to Article VII of the compact a new Section i. to read as follows: i. This Compact may be terminated only by the affirmative action of the Congress or by the rescission of all laws enacting the Compact in each party state. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 950

CARNIVAL RIDE SAFETY ACTCERTIFICATES OF INSPECTION; PERMITS; ACCIDENT REPORTS; INSURANCE; EXEMPTIONS; ACTIONS; PENALTIES. Code Title 34, Chapter 13 Amended. No. 1302 (Senate Bill No. 544). AN ACT To amend Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the Carnival Ride Safety Act, so as to delete certain provisions relating to certificates of inspection; to change the provisions relating to issuance of a permit; to change the provisions relating to accident reports; to change the provisions relating to liability insurance; to change certain provisions relating to qualifications of insurers and sureties under this Act; to exempt moonwalks and live rides from the provisions of said Act; to provide for the temporary cessation of carnival rides; to provide procedures; to provide for certain civil actions; to delete certain provisions relating to civil penalties; to prohibit certain activities by owners or operators of carnival rides; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 34 of the Official Code of Georgia Annotated, known as the Carnival Ride Safety Act, is amended by striking in its entirety Code Section 34-13-7, relating to the requirements of a permit and certificate of inspection prior to operating a carnival ride, and inserting in lieu thereof a new Code Section 34-13-7 to read as follows: 34-13-7. 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.

Page 951

Section 2 . Said chapter is further amended by striking in its entirety Code Section 34-13-10, relating to issuance of a permit, which reads as follows: 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., and inserting in lieu thereof a new Code Section 34-13-10 to read as follows: 34-13-10. The department shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and presentation of a certificate of inspection or waiver thereof by the department. The permit shall be valid for the calendar year in which issued. Section 3 . Said chapter is further amended by striking in its entirety Code Section 34-13-13, relating to accident reports, and inserting in lieu thereof a new Code Section 34-13-13 to read as follows: 34-13-13. The owner of the carnival ride shall report to the department any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class 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. Section 4 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-13-14, relating to liability insurance, bond, or other security required, and inserting in lieu thereof a new subsection (b) to read as follows:

Page 952

(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. Section 5 . Said chapter is further amended by striking in its entirety Code Section 34-13-16, relating to exempted rides, and inserting in lieu thereof a new Code Section 34-13-16 to read as follows: 34-13-16. This chapter shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moon-walks, and live rides. Section 6 . Said chapter is further amended by striking in its entirety Code Section 34-13-18, relating to civil penalties, which reads as follows: 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., and inserting in lieu thereof a new Code Section 34-13-18 to read as follows: 34-13-18. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of

Page 953

a temporary cessation, the Commissioner or his authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter. (c) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. FORESTRYSTATE BOARD OF REGISTRATION FOR FORESTERS; MEMBERSHIP; DUTIES; POWERS; FUNDS; LICENSES; CONTINUATION. Code Title 12, Chapter 6 Amended. No. 1303 (Senate Bill No. 550). AN ACT To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to define the practice of professional forestry; to provide for the appointment of the State Board of Registration for Foresters; to revise the qualifications, time for meetings, powers, and records of said board; to provide for licenses; to delete certain exemptions from qualifications of registered foresters; to provide for denial or revocation of licenses; to provide for duplicate licenses; to delete a reference to the receiving of funds by the joint-secretary; to change the date upon which said board shall terminate; to repeal conflicting laws; and for other purposes.

Page 954

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking paragraph (2) of Code Section 12-6-41, relating to definitions of terms with regard to the practice of professional forestry, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Professional forestry' or `practice of professional forestry' means any professional service relating to forestry, such as investigation, evaluation, development of forest management plans or responsible supervision of forest management, forest protection, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands, provided that forestry instructional and educational activities shall be exempted. The board shall issue licenses only to those applicants who meet the requirements of this Code section, provided that no person shall be eligible for registration as a registered forester who is not of good character and reputation; provided, further, that employees of the state and federal governments assisting farmers in agricultural programs shall be exempt from this part. Section 2 . Said part is further amended by striking subsection (e) of Code Section 12-6-42, relating to the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The five members of the board shall be appointed for terms of five years. On the expiration of the term of any member of the board, the Governor shall in the manner provided in this Code section appoint for a term of five years a registered forester having the qualifications required by Code Section 12-6-43 to take the place of the member whose term on the board is expiring. Each member shall hold office until the expiration of the term for which that member is appointed or until a successor shall have been duly appointed and shall have qualified.

Page 955

Section 3 . Said part is further amended by striking Code Section 12-6-43, relating to qualifications of members of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-43 to read as follows: 12-6-43. Each member of the board shall be a citizen of the United States and a resident of Georgia and shall have been engaged in the practice of forestry for at least ten years, provided that only the citizenship and residency requirements of this Code section shall apply to the member appointed pursuant to subsection (c) of Code Section 12-6-42. Section 4 . Said part is further amended by striking Code Section 12-6-46, relating to meetings and officers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-46 to read as follows: 12-6-46. The board shall hold meetings as necessary. The board shall elect or appoint annually a chairman and a vice-chairman. The joint-secretary of the state examining boards shall serve as secretary of the board in the same manner as provided by Code Sections 43-1-1 and 43-1-2. Section 5 . Said part is further amended by striking Code Section 12-6-47, relating to powers of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-47 to read as follows: 12-6-47. (a) The board shall have the power to promulgate rules and regulations, not inconsistent with the Constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it. (b) The board shall adopt and have an official seal. Section 6 . Said part is further amended by striking Code Section 12-6-48, relating to records of proceedings of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-48 to read as follows: 12-6-48. The board shall keep a record of its proceedings. The records of the board shall be prima-facie evidence

Page 956

of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Section 7 . Said part is further amended by striking Code Section 12-6-52, relating to the issuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-52 to read as follows: 12-6-52. The board shall issue a license upon payment of a registration fee as provided for in this part to any applicant who, in the opinion of the board, has satisfactorily met all of the requirements of this part. The issuance of a license by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered forester while the license remains unrevoked or unexpired. Plans, maps, specifications, and reports issued by a registrant shall be endorsed with his name and license number during the life of the registrant's license. Section 8 . Said part is further amended by striking Code Section 12-6-53, which reads as follows: 12-6-53. Any forester who made an application for a license as a registered forester by April 10, 1964, shall be eligible for registration as a registered forester without reference to the requirements set forth in subsection (a) of Code Section 12-6-49, provided that such forester shall have completed service as a forester in a public forest unit for a period of not less than 12 years., and inserting in lieu thereof the following: 12-6-53. Reserved. Section 9 . Said part is further amended by striking Code Section 12-6-57, relating to the revocation and reissuance of licenses, in its entirety and inserting in lieu thereof a new Code Section 12-6-57 to read as follows: 12-6-57. The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a

Page 957

person licensed by the board, or to discipline a person licensed by the board upon a finding by a majority of the board that the licensee or applicant has violated the provisions of Code Section 43-1-19. Section 10 . Said part is further amended by striking Code Section 12-6-58, relating to the issuance and renewal of licenses in a form suitable for framing, in its entirety and inserting in lieu thereof a new Code Section 12-6-58 to read as follows: 12-6-58. A duplicate license to replace any lost, destroyed, or mutilated license may be issued, subject to the rules of the board, upon payment of a fee established by the board. Section 11 . Said part is further amended by striking Code Section 12-6-59, which reads as follows: 12-6-59. The joint-secretary of the state examining boards shall receive and account for all moneys derived under this part and shall pay the same monthly to the Fiscal Division of the Department of Administrative Services., and inserting in lieu thereof the following: 12-6-59. Reserved. Section 12 . Said part is further amended by striking Code Section 12-6-63, relating to the termination date of the State Board of Registration for Foresters, in its entirety and inserting in lieu thereof a new Code Section 12-6-63 to read as follows: 12-6-63. For the purposes of Chapter 2 of Title 43, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Foresters shall be terminated on July 1, 1994, and this part and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 958

GEORGIA CONTROLLED SUBSTANCES ACTSEIZED CURRENCY; DEPOSIT IN INTEREST-BEARING ACCOUNT; PHOTOGRAPHS, PHOTOCOPIES, OR VIDEO TAPES AS EVIDENCE. Code Section 16-13-49 Amended. No. 1304 (Senate Bill No. 561). 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 authorize a district attorney to deposit seized currency in an interest-bearing account in a financial institution; to provide for the payment of accrued interest on seized currency deposited in a financial institution; to provide that photographs, photocopies, or video tapes of any currency seized and deposited in a financial institution shall be admissible at trial in lieu of the original currency under certain conditions; 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 subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) (1) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that acts prohibited by this article took place, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the director of the Georgia Drugs and Narcotics Agency or duly authorized agents, drug agents, or law enforcement officers seizing such property shall:

Page 959

(A) Place the property under seal; (B) Remove the property to a place designated by the judge of the superior court as set out above; or (C) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) (A) Notwithstanding the provisions of paragraph (1) of this subsection, the district attorney shall be authorized to deposit seized currency in an interest-bearing account in a financial institution in this state. Any accrued interest on currency deposited shall follow the principal in any judgment with respect thereto. (B) Photographs, photocopies, or video tapes of any currency seized and deposited pursuant to subparagraph (A) of this paragraph, duly identified in writing by the law enforcement officer originally taking custody of the currency as accurately representing such currency, shall be admissible at trial in lieu of the original currency. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 960

INSURANCEINDIVIDUAL AND GROUP ACCIDENT AND SICKNESS INSURANCE; HUMAN HEART TRANSPLANTS. Code Sections 33-29-3.1 and 33-30-4.1 Enacted. No. 1305 (Senate Bill No. 604). AN ACT To amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group accident and sickness insurance, so as to require coverage for human heart transplants and related expenses to be offered as part of or as an optional endorsement to individual or group benefit plans, policies, or contracts of accident and sickness insurance; to provide requirements and guidelines for such coverage; 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 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding immediately following Code Section 33-29-3, relating to required provisions in individual accident and sickness insurance policies, a new Code Section, to be designated Code Section 33-29-3.1, to read as follows: 33-29-3.1. (a) Every insurer authorized to issue individual accident and sickness insurance plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1988, coverage for human heart transplants, including any charges for acquisition, transportation, or donation of a human heart when a human heart transplant is performed. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other

Page 961

types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to human heart transplants unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided, however, the optional endorsement may contain a waiting period for the coverage or a delayed eligibility date of not more than 12 months from the effective date of the endorsement. (c) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar individual accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an individual accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (d) Nothing in this Code section shall be construed to prohibit inclusion of coverage for human heart transplants that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. Section 2 . Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately following Code Section 33-30-4, relating to required provisions in group

Page 962

accident and sickness insurance policies, a new Code section, to be designated Code Section 33-30-4.1, to read as follows: 33-30-4.1. (a) Every insurer authorized to issue group accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1988, coverage for human heart transplants, including any charges for acquisition, transportation, or donation of a human heart when a human heart transplant is performed. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to human heart transplants unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided, however, the optional endorsement may contain a waiting period for the coverage or a delayed eligibility date of not more than 12 months from the effective date of the endorsement. (c) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar group accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue a group accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts

Page 963

which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (d) The requirements of this Code section shall be satisfied if the coverage specified in subsections (a) and (b) of this Code section is made available to the master policyholder of the group plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any insured under such group or blanket plan, policy, or contract. (e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for human heart transplants that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. (f) The provisions of this Code section shall also apply to group accident and sickness insurance policies or contracts issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any other similar entity. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988.

Page 964

ELECTIONSBALLOT CARDS; OPTICAL SCAN VOTING SYSTEMS; QUALIFYING BY CANDIDATE'S AGENT IN MUNICIPAL PRIMARY. Code Sections 21-2-2, 21-3-2, and 21-3-98 Amended. Code Sections 21-2-365 and 21-3-264 Enacted. No. 1306 (Senate Bill No. 615). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain definitions relating to ballot cards; to provide for the use of optical scan voting systems; to provide that a candidate's agent may qualify on behalf of the candidate to seek election in certain primaries; 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 paragraph (1) of Code Section 21-2-2, relating to definitions regarding elections, and inserting in its place a new paragraph (1) to read as follows: (1) `Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. `Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine. Section 2 . Said title is further amended by adding a new Code section immediately following Code Section 21-2-364, to be designated Code Section 21-2-365, to read as follows: 21-2-365. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines.

Page 965

Section 3 . Said title is further amended by striking paragraph (1) of Code Section 21-3-2, relating to definitions regarding municipal elections, and inserting in its place a new paragraph (1) to read as follows: (1) `Ballot card' means the tabulating or punch card upon which an elector records his vote by the use of a vote recorder. `Ballot card' also means a ballot upon which an elector records his vote for tabulation by an optical scan tabulating machine. Section 4 . Said title is further amended by striking subsection (a) of Code Section 21-3-98, relating to qualification of candidates for party nomination in a municipal primary, and inserting in its place a new subsection (a) to read as follows: (a) Unless otherwise provided by law, all candidates for party nomination in a primary shall qualify as such candidates in accordance with the rules of their party. In the case of a general primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary. In the case of a special primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section. Section 5 . Said title is further amended by adding a new Code section immediately following Code Section 21-3-263, to be designated Code Section 21-3-264, to read as follows: 21-3-264. Optical scan voting systems shall conform as nearly as practicable to the provisions of this chapter regarding vote recorders and tabulating machines. 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 5, 1988.

Page 966

INSURANCEGEORGIA CAPTIVE INSURANCE COMPANY ACT; ENACTMENT. Code Section 33-40-3 Amended. Code Title 33, Chapter 41 Enacted. No. 1307 (Senate Bill No. 635). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, so as to provide for the establishment and regulation of captive insurance companies; to define certain terms; to authorize the transaction of certain kinds of insurance by captive insurance companies; to provide requirements for certificates of authority, incorporation, the names and organization of captive insurance companies, directors, and minimum capital and surplus; to provide standards for the use of letters of credit; to provide for the application for a certificate of authority and procedures for review and approval by the Commissioner of Insurance; to provide for the renewal of a certificate of authority; to provide for allowable assets and reserves; to provide for records; to provide requirements for reinsurance; to provide for annual reports; to provide for examinations; to provide requirements for investments; to provide requirements for rates and policy forms; to exempt captive insurance companies from participation in certain pools or joint underwriting associations; to provide for the taxation and assessment of captive insurance companies; to provide for the applicability of other provisions of Title 33 of the Official Code of Georgia Annotated to captive insurance companies; to provide for the regulatory powers and authority of the Commissioner of Insurance; 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 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by striking in its entirety Code Section 33-40-3, relating to prerequisites to offering insurance, and inserting in its place a new Code Section 33-40-3 to read as follows:

Page 967

33-40-3. A risk retention group seeking to be chartered in this state must be chartered and licensed as a casualty or liability insurance company as provided in this title or as a risk retention group captive insurance company under Chapter 41 of this title and, except as provided elsewhere in this chapter or in Chapter 41, as applicable, must comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and licensed in this state and with Code Section 33-40-4 to the extent such requirements are not a limitation on laws, rules, regulations, or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the Commissioner a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of casualty or liability insurance. Section 2 . Said title is further amended by adding at the end thereof a new Chapter 41 to read as follows: CHAPTER 41 33-41-1. This chapter shall be known and may be cited as the `Georgia Captive Insurance Company Act.' 33-41-2. Terms not otherwise defined in this chapter shall have the same meaning ascribed to them in this title. As used in this chapter, unless the context otherwise requires, the term: (1) `Affiliate' means an individual, partnership, corporation, trust, or estate that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with one or more of the shareholders or members of a captive insurance company. Affiliates shall also include employees of any shareholder or member, or any affiliate thereof, of a captive insurance company. For the purpose of the foregoing definition of affiliate, `control' means: (A) Ownership of shares of a corporation possessing 50 percent or more of the total voting power of all classes of shares entitled to vote or possessing

Page 968

50 percent or more of the total value of the outstanding shares of the corporation; and (B) Ownership of 50 percent or more by value of the beneficial interests in a partnership, trust, or estate. (2) `Association' means any membership organization whose members consist of a group of individuals, corporations, partnerships, or other associations who engage in similar or related professional, trade, or business activities and who collectively own, control, or hold with power to vote all of the outstanding voting interests of an association captive insurance company or of a corporation that is the sole shareholder of an association captive insurance company. (3) `Association captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the similar or related risks of members and affiliates of members of its association. (4) `Captive insurance company' means any pure captive insurance company, association captive insurance company, industrial insured captive insurance company, or risk retention group captive insurance company. (5) `Industrial insured' means an insured: (A) Who procures the insurance of any risk or risks through the use of the services of a full-time employee who acts as an insurance manager, risk manager, or insurance buyer or through the services of a person licensed as a property and casualty agent, broker, or counselor in such person's state of domicile; (B) Whose aggregate annual premiums for insurance on all risks total at least $25,000.00; and (C) Who either: (i) Has at least 25 full-time employees;

Page 969

(ii) Has gross assets in excess of $3 million; or (iii) Has annual gross revenues in excess of $5 million. (6) `Industrial insured captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of indistrial insureds and their affiliates and which has as its shareholders or members only industrial insureds that are insured or reinsured by the indistrial insured captive insurance company or which has as its sole shareholder or sole member a corporation whose only shareholders are industrial insureds that are insured or reinsured by the industrial insured captive insurance company. (7) `Parent' means a corporation which directly owns shares representing more than 50 percent of the total outstanding voting power and value of a pure captive insurance company. (8) `Pure captive insurance company' means any domestic insurance company granted a certificate of authority under this chapter to insure or reinsure the risks of its parent and affiliates of its parent. (9) `Risk retention group captive insurance company' is any pure, association, or industrial insured captive insurance company which has been granted a certificate of authority under this chapter and determined by the Commissioner to be established and maintained as a `risk retention group' as defined under the federal Liability Risk Retention Act of 1986, as amended. A risk retention group may be chartered and licensed either under this chapter or under Chapter 40 of this title. (10) `Transact,' as used in this chapter, shall not include the organizational activities associated with the preliminary formation, incorporation, petitioning for a certificate of authority, and initial capitalization of a captive insurance company.

Page 970

33-41-3. (a) Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its charter, may engage in the business of any of the following kinds of insurance or reinsurance: (1) Casualty, as described in Code Section 33-7-3 but excluding accident and sickness insurance as defined in Code Section 33-7-2; (2) Marine and transportation, as described in Code Section 33-7-5; (3) Property, as described in Code Section 33-7-6; and (4) Surety, as described in Code Section 33-7-7. (b) Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity with all minimum requirements for coverages and coverage amounts established by the state for such types of insurance. Such insurance policies and bonds issued by a captive insurance company shall constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensation insurance prescribed by Code Section 34-9-121. (c) Except as otherwise provided in subsection (d) of this Code section: (1) A captive insurance company may not insure or reinsure any risks resulting from: (A) Any personal, familial, or household responsibilities; or (B) Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including

Page 971

professional or fiduciary services; or commercial premises or commercial operations; (2) A captive insurance company may only cede reinsurance as provided in Code Section 33-41-15; (3) A pure captive insurance company may only insure or reinsure the risks of its parent and affiliates of its parent; (4) An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates; (5) An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder; and (6) A risk retention group captive insurance company may only insure or reinsure the risks of its group members. (d) A captive insurance company may reinsure the risks insured or reinsured either directly or indirectly by: (1) Any other captive insurance company; or (2) Any foreign or alien insurance company which satisfies the ownership or membership requirements of a captive insurance company under this chapter; provided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates. 33-41-4. No captive insurance company may transact any insurance in this state unless: (1) It first obtains from the Commissioner a certificate of authority authorizing it to transact insurance in this state; (2) It maintains its principal place of business in this state; and

Page 972

(3) Any organization providing the principal administrative or management services to such captive insurance company shall maintain its principal place of business in this state and shall be approved by the Commissioner. 33-41-5. (a) A pure captive insurance company must be incorporated as a stock insurer with its capital divided into shares. (b) An association captive insurance company, or an industrial insured captive insurance company, or a risk retention group captive insurance company must be incorporated: (1) As a stock insurer with its capital divided into shares; or (2) As a mutual insurer without capital stock, the governing body of which is elected by its members. (c) The applicable statutes of this state relating to the powers and procedures of domestic corporations formed for profit shall apply to captive insurance companies, except where in conflict with the express provisions of this chapter. (d) The incorporation procedures of Code Sections 33-14-4 through 33-14-6, inclusive, and the amendment procedures of Code Section 33-14-8 shall apply to captive insurance companies. 33-41-6. (a) A captive insurance company shall not use any name which is either similar, misleading, or confusing with respect to any other name already in use by any other captive insurance company, domestic mutual or stock insurance company, corporation, or association organized or doing business in this state. The Secretary of State shall not issue a charter to an applicant attempting to use such a name nor shall the Commissioner approve an application for a certificate of authority from such applicant. (b) (1) With the exception of risk retention group captive insurance companies, the name of a captive insurance company shall include the words `captive insurance company'

Page 973

and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation. (2) The name of a risk retention group captive insurance company shall include the words `risk retention group captive insurance company' and have such word or words, abbreviation, suffix, or prefix included in the name or attached to it in such a manner as to clearly indicate that it is a corporation. (c) If the captive insurance company is mutual insurer, the word `mutual' shall also be a part of the name. 33-41-7. (a) The affairs of every captive insurance company shall be managed by not less than three directors. (b) At least one-third of the directors of every captive insurance company must be a resident of this state, except that no more than three directors shall be required to be residents of this state. A majority of the directors must be citizens of the United States. (c) Every captive insurance company must report to the Commissioner within 30 days after any change in its directors including in its report a statement of the business and professional background and affiliations of any new director. 33-41-8. (a) The amount of minimum capital or surplus required for each captive insurance company shall be determined on an individual basis, however: (1) No captive insurance company incorporated as a stock insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in capital; or (2) No captive insurance company incorporated as a mutual insurer shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $500,000.00 in surplus. The Commissioner may require additional capital or surplus of any captive insurance company in an amount he deems

Page 974

appropriate under the circumstances based on the captive insurance company's business plan as described in paragraph (2) of subsection (a) of Code Section 33-41-10. Additional capital or surplus may be required if the captive insurance company's business plan indicates that an increase is required in order for the captive insurance company to meet its contractual obligations to its policyholders or to maintain its solvency. (b) Minimum capital or surplus of up to $500,000.00 shall be maintained in any of the following: (1) Cash; (2) Certificates of deposit or similar certificates or evidences of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidences of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation. (c) One hundred thousand dollars of the minimum capital or surplus must be deposited with the state prior to the issuance of a certificate of authority. (d) Any additional capital or surplus in excess of $500.000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following: (1) Any eligible investments of minimum capital or surplus authorized under Code Section 33-11-5; (2) Promissory notes or other obligations of shareholders secured by one or more letters of credit, as described in Code Section 33-41-9; or (3) Any other investments approved by the Commissioner that do not impair the financial solvency of the captive insurance company.

Page 975

33-41-9. (a) Any letter of credit used to meet the requirements set forth in Code Sections 33-41-8, 33-41-12, and 33-41-14: (1) Must be clean, irrevocable, and unconditional; (2) Must be issued by a bank approved by the Commissioner, which is either a bank chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System; (3) Must provide that it is presentable and payable within the State of Georgia; and (4) Must be provided in conformity with any other requirements established by the Commissioner. (b) The Commissioner may require any captive insurance company to draw upon its letters of credit at any time, in amounts determined by the Commissioner, if the Commissioner determines that such action is necessary for the protection of the interests of the captive insurance company's policyholders. 33-41-10. (a) The application for an original certificate of authority for a captive insurance company must be filed with the Commissioner and shall contain the following: (1) A certified copy of the captive insurance company's articles of incorporation and bylaws; (2) A business plan which shall contain the following: (A) A plan of operation or a feasibility study describing the anticipated activities and results of the captive insurance company which shall include: (i) A description of the coverages, coverage limits and deductibles, and premium rating systems for the lines of insurance or reinsurance that the captive insurance company intends to offer; (ii) Historical and expected loss experience of the risks to be insured or reinsured by the captive insurance company;

Page 976

(iii) Pro-forma financial statements and projections of the proposed business operations of the captive insurance company; (iv) An analysis of the adequacy of the captive insurance company's proposed premiums and capital and surplus levels relative to the risks to be insured or reinsured by the captive insurance company; (v) A statement of the captive insurance company's net retained limit of liability on any contract of insurance or reinsurance it intends to issue and the nature of any reinsurance it intends to cede; (vi) A statement certifying that the captive insurance company's investment policy is in compliance with this title and specifying the type of investments to be made pursuant to Code Section 33-41-19; (vii) A statement identifying the geographic areas in which the captive insurance company intends to operate; (viii) A statement identifying the persons or organizations who will perform the captive insurance company's major operational functions, including management, underwriting, accounting, investment of assets, claims adjusting and loss control, and the adequacy of the expertise, experience, and character of such persons or organizations; and (ix) Whenever required by the Commissioner, an appropriate opinion by a qualified independent casualty actuary regarding the adequacy of the captive insurance company's proposed capital, surplus, and premium levels; and (B) Such other items deemed relevant by the Commissioner in ascertaining whether the proposed

Page 977

captive insurance company will be able to meet its contractual obligations. (b) In determining whether to approve an application for an original or renewal certificate of authority to a captive insurance company, the Commissioner shall examine the items submitted to him pursuant to subsections (a), (e), and (f) of this Code section. The Commissioner may rely upon and accept the reports of independent agents who may include licensed insurance counselors, brokers, agents, or adjusters discussed under Chapter 23 of this title, certified actuarial consultants, certified public accountants, risk managers, and examiners of insurance companies in order to facilitate his examination of the application for a certificate of authority by a captive insurance company. The expenses and charges of such independent agents shall be paid directly by the captive insurance company. (c) Each captive insurance company shall pay to the Commissioner an amount equal to all costs of examining, investigating, and processing its application for an original or renewal certificate of authority. In addition, it shall pay a fee for the initial year of registration and a renewal fee for each year thereafter in the amount periodically imposed under this title upon other domestic insurance companies. (d) Pursuant to Code Section 33-3-15, if the Commissioner is satisfied that the documents and statements filed by the captive insurance company comply with the provisions of this chapter, he shall notify the captive insurance company of his intention to issue a certificate of authority. (e) After the captive insurance company has been notified pursuant to subsection (d) of this Code section, the captive insurance company shall provide the Commissioner with: (1) Evidence satisfactory to the Commissioner that the minimum capital or surplus required for the particular captive insurance company under Code Section 33-41-8 has been paid in and that the appropriate amount thereof has been deposited with the state; and (2) A financial statement showing the assets and liabilities of the captive insurance company which is certified

Page 978

by its president and calculated in accordance with the accounting standards set out in Chapter 10 of this title, except as modified by this chapter. Thereafter, the Commissioner shall promptly issue a certificate of authority authorizing the captive insurance company to transact insurance in this state until the thirtieth day of June thereafter. (f) Any material change in the items required under subsection (a) of this Code section shall require the prior approval of the Commissioner. Any material change which is not disapproved by the Commissioner within 30 days after its submission shall be deemed approved. 33-41-11. (a) The certificate of authority of a captive insurance company to transact insurance in this state may be refused, suspended, or not be renewed pursuant to Code Sections 33-3-17 through 33-3-19, inclusive. (b) A certificate of authority shall expire, be renewed, and be amended by the Commissioner pursuant to Code Section 33-3-16. 33-41-12. For the purposes of determining the financial condition of a captive insurance company, including, but not limited to, the maintenance of adequate reserves pursuant to Code Section 33-41-13, the reporting of business affairs pursuant to Code Section 33-41-15, and the examinations and investigations pursuant to Code Section 33-41-16, there shall be allowed as assets of a captive insurance company: (1) Those assets described in Code Section 33-10-1; (2) Those assets otherwise authorized by Code Sections 33-41-8 and 33-41-14; and (3) Obligations for premium payments, provided such obligations are secured by letters of credit, as described in Code Section 33-41-9. 33-41-13. (a) Every captive insurance company shall maintain reserves in an amount estimated in the aggregate

Page 979

to provide for the payment of all unpaid losses and claims incurred, whether reported or unreported, for which such captive insurance company may be liable, together with the expenses of adjustment or settlement of such losses and claims. Every captive insurance company shall keep a complete and itemized record, in a form satisfactory to the Commissioner, showing all losses and claims on which it has received notice. (b) If the loss experience of a captive insurance company shows that its loss reserves, however estimated, are inadequate, the Commissioner shall require the captive insurance company to maintain increased amounts of loss reserves as are needed to make its loss reserves adequate. (c) Every captive insurance company shall maintain an unearned premium reserve on all policies in force which shall never be less in the aggregate than the captive insurance company's actual liability to all its insureds for the return of gross unearned premiums computed pursuant to the method commonly referred to as the monthly pro rata method. 33-41-14. (a) A captive insurance company may cede any part of its risks to a reinsurer pursuant to a written reinsurance agreement and may take credit as an asset or a deduction from its liabilities for the amount of reinsurance premiums recoverable under such reinsurance agreement: (1) If the reinsurer is in compliance with Code Section 33-7-14; (2) To the extent that assets are deposited or withheld from the reinsurer under a written trust or escrow agreement approved by the Commissioner pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder, provided that: (A) The assets deposited or withheld are held subject to withdrawal by, and under the control of, the ceding captive insurance company; or (B) The assets deposited or withheld are placed in a trust or escrow account for such purposes in a

Page 980

bank which is either chartered by the State of Georgia or a national bank which is a member of the Federal Reserve System and withdrawals cannot be made without the express written consent of the ceding captive insurance company; (3) To the extent of the amount of a letter of credit, as described in Code Section 33-41-9, given pursuant to an express provision in the reinsurance agreement as security for the payment of the reinsurer's obligations thereunder; or (4) When the Commissioner shall otherwise authorize such credits or deductions. (b) Any assets deposited or withheld under paragraph (2) of subsection (a) of this Code section must be in the form of cash, as defined in Code Section 33-11-6, or securities which must have a market value equal to or greater than the credit taken and are qualified as allowed assets for a domestic insurer under Chapter 11 of this title. (c) No credit shall be allowed for reinsurance in any unauthorized assuming reinsurer unless such reinsurer designates the Commissioner as agent for service of process in any action arising out of, or in connection with, such reinsurance. 33-41-15. Each captive insurance company shall be required to file annual and other reports of its business affairs and operations as prescribed by Code Section 33-3-21. 33-41-16. (a) The Commissioner or his designated agent may visit each captive insurance company at any time and examine its affairs in order to ascertain its financial condition, its ability to fulfill its contractual obligations, and its compliance with this chapter. For these purposes, the Commissioner or his designated agent shall have free access to all of the books and records relating to the business of the captive insurance company. The expenses and charges of any examination conducted pursuant to this Code section shall be paid directly by the captive insurance company examined.

Page 981

(b) When necessary or desirable to assist in any examination under this Code section, the Commissioner may retain such independent agents as described in subsection (b) of Code Section 33-41-10, as the Commissioner deems appropriate, in order to facilitate his examination under this Code section. The expenses and charges of such persons so retained or designated shall be paid directly by the captive insurance company. 33-41-17. The Commissioner may impose fines as prescribed by Code Section 33-3-20. 33-41-18. Except as provided in Code Section 33-41-8: (1) An association captive insurance company shall comply with the investment requirements contained in Chapter 11 of this title; and (2) No pure captive insurance company or industrial insured captive insurance company shall be subject to any restrictions on eligible investments whatever, including those limitations contained in Chapter 11 of this title; provided, however, that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of any such captive insurance company. 33-41-19. (a) No captive insurance company shall be required to join or use the rates, rating systems, underwriting rules, or policy or bond forms of a rating or advisory organization as defined in Code Section 33-9-2. (b) No captive insurance company shall be required to file its premium rates or policy forms with, or seek approval of such rates or forms from, the Commissioner or any other authority of this state. (c) Each captive insurance company shall provide the following notice in ten-point type on the front page and declaration page on all policies and on the front page of all applications for policies: `This captive insurance company is not subject to all of the insurance laws and regulations of the State of Georgia. State insurers insolvency guaranty funds are

Page 982

not available to the policyholders of this captive insurance company.' 33-41-20. (a) (1) No captive insurance company shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title or any other plan, pool, or association guaranty or insolvency fund in this state nor shall any captive insurance company, or its insureds or claimants against its insureds, nor its parent or any affiliated company receive any benefit from the Georgia Insurers Insolvency Pool or any other plan, pool, or association guaranty or insolvency fund for claims arising out of the operations of such captive insurance company. (2) No captive insurance company shall be required to participate in any FAIR Plan established and maintained in this state under Chapter 33 of this title. (3) No captive insurance company shall be required to participate in any joint underwriting association established and maintained in this state under Chapter 33 of this title. (b) Captive insurance companies shall be assessed on the same basis as self-insurers for the purpose of payments to the Subsequent Injury Trust Fund as described in Chapter 9 of Title 34. 33-41-21. The provisions of Chapter 37 of this title shall apply to and govern the rehabilitation, reorganization, conservation, and liquidation of captive insurance companies. 33-41-22. All captive insurance companies chartered and licensed under this chapter shall be taxed under the provisions of Chapter 8 of this title and any other provisions of law in the same manner as other domestic insurance companies. 33-41-23. The Commissioner may establish such rules and regulations and issue such interpretive rulings as may be necessary to carry out the provisions of this chapter. 33-41-24. Any provisions of this title which are inconsistent with the provisions of this chapter shall not apply to captive insurance companies.

Page 983

Section 3 . This Act shall become effective January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. FAIR BUSINESS PRACTICES ACT OF 1975MONEYS PROVIDED IN CONNECTION WITH A DWELLING; MISREPRESENTATION AS A LOAN; NOTICES; DEMANDS. Code Sections 10-1-393, 10-1-397, and 10-1-399 Amended. No. 1308 (Senate Bill No. 648). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, so as to change the provisions regarding unfair or deceptive acts which are unlawful; to eliminate the requirement for notice when certain temporary restraining orders are sought; to eliminate the requirement for a written demand for relief in certain private actions for equitable relief; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by striking paragraph (20) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive acts which are unlawful, and inserting in its place a new paragraph to read as follows: (20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1

Page 984

in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. (B) Advertising to assist debtors whose loan for property the debtors use as a dwelling place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property. (C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor whose loan for said property is in default and who remains in possession of this property after said purchase: (i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive; (ii) This contract shall contain a statement in boldface type which complies substantially with the following: `The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.'

Page 985

This statement shall be signed by the debtor and the buyer; (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and (iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It 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 Seller Please read this form completely and carefully. It contains valuable cancellation rights. The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice. This cancellation right cannot be waived in any manner by the seller or sellers. Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail,

Page 986

return receipt requested, and to keep a photocopy of the signed form and your post office receipt. (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present: (i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and

Page 987

(iii) The debtor remains in possession of the property under a lease or as a tenant at will. Section 2 . Said part is further amended by striking subsection (b) of Code Section 10-1-397, relating to notice of contemplated legal proceedings, and inserting in its place a new subsection to read as follows: (b) Unless the administrator determines that a person subject to this part designs quickly to depart from this state or to remove his property therefrom or to conceal himself or his property therein, he shall, unless he seeks a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, before initiating any legal proceedings as provided in this Code section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the administrator and execute an assurance of voluntary compliance as provided in this part. The determination of the administrator under this subsection shall be final and not subject to judicial review. Section 3 . Said part is further amended by striking subsection (b) of Code Section 10-1-399, relating to demands for relief, and inserting in its place a new subsection to read as follows: (b) At least 30 days prior to the filing of any such action, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be delivered to any prospective respondent. Any person receiving such a demand for relief who, within 30 days of the delivering of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning this rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. The demand requirements of this subsection shall not apply if the prospective respondent does not maintain a place of business or does not keep assets within the state. The 30 day requirement of this subsection shall not apply

Page 988

to a debtor seeking a temporary restraining order to redress or prevent an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, provided that said debtor gives, or attempts to give the written demand required by this subsection at least 24 hours in advance of the time set for the hearing of the application for the temporary restraining order. Such respondent may otherwise employ the provisions of this Code section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this Code section. All written tenders of settlement such as described in this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. PROBATIONTRANSFER OF PROBATION SUPERVISION TO JUDICIAL CIRCUIT IN WHICH PROBATIONER RESIDES. Code Section 42-8-34 Amended. No. 1309 (Senate Bill No. 651). AN ACT To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, so as to provide for transferring certain probationers from one judicial circuit to another; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 989

Section 1 . Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation and suspension of sentences, generally, is amended by adding at the end thereof a new subsection (h) to read as follows: (h) Notwithstanding any provision of this Code or any rule or regulation to the contrary, if a defendant is placed on probation in a county of a judicial circuit other than the one in which he resides for committing any misdemeanor offense, such defendant may, when specifically ordered by the court, have his probation supervision transferred to the judicial circuit of the county in which he resides. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1988. COUNTIESPUBLIC WORKS CONTRACTS IN COUNTIES OF MORE THAN 150,000 IN ANY METROPOLITAN STATISTICAL AREA OF 260,000-360,000. Code Section 36-10-2.2 Enacted. No. 1310 (House Bill No. 1567). 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 having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 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

Page 990

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 36 of the Official Code of Georgia Annotated, relating to public works contracts, is amended by adding, immediately following Code Section 36-10-2.1, a new Code Section 36-10-2.2 to read as follows: 36-10-2.2. In any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 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 April 5, 1988.

Page 991

HEALTHDEPARTMENT OF HUMAN RESOURCES; HEALTH CARE DATA SYSTEM; REPORTS BY HEALTH CARE PROVIDERS; PENALTIES; CONFIDENTIAL INFORMATION; RECORDS. Code Sections 31-7-280 through 31-7-285 Enacted. No. 1311 (House Bill No. 254). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of health care facilities, so as to provide for annual reports to the Department of Human Resources by certain health care providers; to provide for definitions; to require the Department of Human Resources to establish and operate a health care data system and provide for requirements, procedures, and powers relating thereto; to authorize that department to request and obtain from certain health care providers, state departments, and other entities certain health care data and require that certain data be provided; to provide for powers and duties of the Department of Human Resources with regard to health care data obtained by the department; to provide for applicability to public or private entities; to provide for rules and regulations of that department; to provide for costs of the data collection systems and fees and charges relating thereto; to provide for sanctions relating to permits and licenses; to provide for civil and criminal penalties; to require certain reports and release of certain information and provide for conditions and procedures relating thereto; to provide immunity for the releasing of information under certain conditions; to provide for immunity for persons performing other duties required by the article; to provide for the confidentiality of certain information and 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 . Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of

Page 992

health care facilities, is amended by adding at the end a new Article 12 to read as follows: ARTICLE 12 31-7-280. (a) As used in this article, the term: (1) `Health care provider' means any hospital or ambulatory surgical or obstetrical facility having a license or permit issued by the department under Article 1 of this chapter. (2) `Indigent person' means any person having as a maximum allowable income level an amount corresponding to 125 percent of the federal poverty guideline. (3) `Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, or nonprofit health care plans or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer. (b) There shall be required from each health care provider in this state an annual report of certain health care information to be submitted to the department. The report shall be due on the last day of January and shall cover the 12 month period preceding each such calendar year. (c) The report required under subsection (b) of this Code section shall contain the following information: (1) Total gross revenues; (2) Bad debts; (3) Amounts of free care extended, excluding bad debts; (4) Amount of contractual adjustments;

Page 993

(5) Amounts of care provided under a Hill-Burton commitment; (6) Amounts of charity care provided to indigent persons; (7) Amounts of outside sources of funding from governmental entities, philanthropic groups, or any other sources, including the proportion of any such funding dedicated to the care of indigent persons; (8) For cases involving indigent persons: (A) The number of persons treated; (B) The number of inpatients and outpatients; (C) Total patient days; (D) The total number of patients categorized by county of residence; (E) The indigent care costs incurred by the health care provider by county of residence; (9) The public, profit, or nonprofit status of the health care provider and whether or not the provider is a teaching hospital; (10) The number of board certified physicians, by specialty, on the staff of the health care provider; (11) The number of nursing hours per day for each hospital and per patient visit for each ambulatory surgical or obstetrical facility; (12) For ambulatory surgical or obstetrical facilities, the types of surgery performed and emergency back up systems available for that surgery; (13) For hospitals; (A) The availability of emergency services, trauma centers, intensive care units, and neonatal intensive care units;

Page 994

(B) Procedures hospitals specialize in and the number of such procedures performed annually; and (C) Caesarean section rates by number and as a percentage of deliveries; and (14) Data available on a currently recognized uniform billing statement generally used by health care providers which reflect the following information obtained during a two-month period during each reporting year: the patient's age, sex, race, ZIP Code, county, payer sources, date of admission, discharge date, primary diagnoses, principal procedures, total charges and summary of charges by department, uniform physician identification number, uniform hospital identification number, attending physician identification number, and data by payer category. (d) The department shall provide a form for the report required by subsection (b) of this Code section and may provide in such form for further categorical divisions of the information listed in subsection (c) of this Code section. (e) The department shall, within a period of one year following the effective date of this article, in cooperation with representatives of such consumer groups and associations and health care providers as it shall designate, study and determine such quality indicators and such additional or alternative information related to the intent and purpose of this article as the department shall determine are in the best interests of the residents of this state. (f) In the event that the department does not receive from a health care provider an annual report containing the data and information required by this article within 30 days following the date such report was due or receives a timely but incomplete report, the department shall notify the health care provider regarding the deficiencies, by certified mail, return receipt requested. In the event such deficiency continues for 15 days after said notification has been given, the health care provider shall be liable for a penalty in the amount of $1,000.00 for such violation and an additional penalty of $500.00 for each day during which such

Page 995

violation continues and be subject to appropriate sanctions otherwise authorized by law, including, but not limited to, suspension or revocation of that provider's permit or license. 31-7-281. (a) The department shall be required to establish and operate a state-wide health care data system to collect, compile, analyze, and disseminate data collected pursuant to this article from health care providers and other specified entities. (b) The department shall be authorized to execute contracts or establish written agreements for the purpose of avoiding duplication of data collected pursuant to this article. (c) Where an existing data collection system meets the collection requirements of the department pursuant to this article, the department shall utilize such existing system when the significant elements of such data are collected, provided that such system meets the requirements of the department pursuant to this article and is available, without undue restrictions, to the department. For purposes of this subsection, reimbursement from the department for the costs incurred by such existing system in collecting this data shall not be considered an undue restriction. (d) The department shall have complete authority over any data collection functions performed pursuant to this article and shall be authorized to perform such data analyses as shall, in its discretion, be required. (e) The department shall establish a system to review and audit selected report data which contain the information listed in subsection (c) of Code Section 31-7-280 and which are collected other than by the department. 31-7-282. The department shall be authorized to request, collect, or receive the collection and submission of data listed in subsection (c) of Code Section 31-7-280 from: (1) Health care providers; (2) The Department of Medical Assistance; (3) The Commissioner of Insurance;

Page 996

(4) The State Health Planning Agency; (5) Third-party payers; (6) The Joint Commission on the Accreditation of Healthcare Organizations; and (7) Other appropriate sources as determined by the department. Any entity specified in paragraphs (1) through (4) of this Code section which has in its custody or control data requested by the department pursuant to this Code section shall provide the department with such data, but any data regarding a health care provider which is already available in the records of any state officer, department, or agency specified in paragraph (2), (3), or (4) of this Code section shall not be required to be provided to the department by that health care provider. 31-7-283. (a) The department shall compile, direct the compilation of, and disseminate comparative information provided in the annual reports under Code Section 31-7-280 on a health care provider specific basis. (b) Any data collected by the department may be included in department reports pursuant to this article as deemed appropriate to offer full information to the public. Prior to any release or dissemination of the data, the department shall permit the reporting entity a 30 day opportunity to verify the accuracy of any information pertaining to its data. The reporting entity may submit to the department any corrections of errors in the compilations of the data with any supporting evidence and comments. The department shall correct for the report such data which, in its judgment, are found to be in error. Any information, evidence, or comments submitted to the department in writing by the reporting entity shall be included as a part of the department's release or dissemination. (c) If the data required by the department are available from the reporting entity by acceptably formatted, computer readable means, such method for reporting shall be preferred.

Page 997

(d) The reporting of any data required by this article by specified types of health care providers shall include health care providers operated by state, county, municipality, public or private entities, or any combination thereof. (e) The department shall be authorized to promulgate such rules and regulations as are necessary to effectuate and carry out its authority and duties under this article. 31-7-284. (a) Subject to the procedures specified in subsection (b) of Code Section 31-7-283, the department shall be authorized to disclose nonpatient-specific data required under this article. Dissemination of such data to the public shall be made in clear and understandable language and in such form as to facilitate appropriate planning and choices on the part of consumers, providers, and payers. (b) The department data base established pursuant to this article shall be updated no less frequently than on an annual basis. Public reports from that data shall be published no less frequently than annually. (c) The costs to the state associated with the data collection system provided for in this article shall be paid through the department budget. The department shall, at its discretion and funds permitting, begin collection and dissemination of data immediately. The department is authorized to charge fees for reports, data, and information related to the data system; provided, however, no fees shall be imposed upon health care providers which submit data to the department pursuant to this article. The department shall implement a fee scale for such information that will result in fee collections not to exceed the costs of the data collection system. All such fees shall be remitted to the general fund of the state. 31-7-285. (a) Notwithstanding any provision of law to the contrary, it shall not be unlawful for any entity which may be requested or required to provide data to the department under this article so to provide that information or for the department or its designees to provide such information as authorized or required by this article or any other law.

Page 998

(b) Information provided to the department pursuant to this article or information released by the department shall not identify a patient by name or specific address. Any person, firm, corporation, association, or other entity who violates this subsection shall be guilty of a misdemeanor. (c) A person shall not be civilly liable as a result of the person's acts, omissions, or decisions as an officer or employee or agent in connection with the person's duties for the department under this article. (d) Unless otherwise provided in this article, the data collected by and furnished to the department pursuant to this article shall not be public records under Article 4 of Chapter 18 of Title 50 or any other law governing the maintenance, inspection, or dissemination of data collected by the state. The reports prepared for release of dissemination from the data collected shall be public records under Article 4 of Chapter 18 of Title 50. The confidentiality of patients shall be protected and no provision of this article shall affect any provision of law relating to patient confidentiality. (e) No cause of action shall arise against a person, entity, or health care provider for disclosing or reporting information in accordance with this article; provided, however, that this Code section shall not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person. Section 2 . This Act shall become effective upon adequate appropriations being made by the Georgia General Assembly to fund this Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 999

PEACE OFFICERS' ANNUITY AND BENEFIT FUNDRETIREMENT, DISABILITY, AND SURVIVORS BENEFITS. Code Sections 47-17-80, 47-17-81, and 47-17-82 Amended. No. 1312 (House Bill No. 458). AN ACT To amend Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors benefits, under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to retirement, disability, and survivors benefits; to provide for applicability; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, disability, and survivors 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 inserting in lieu thereof new subsections (b) and (h) 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 $16.00 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

Page 1000

benefits within 90 days from the date of the 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, 1988, as well as to those members who retire on or after that date. The service of each member who retired prior to July 1, 1988, 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, 1988. 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 inserting in lieu thereof new subsections (a), (c), and (d), to read as follows:

Page 1001

(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 $235.00 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, 1988, 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, 1988, shall be recomputed and the increased benefits shall be paid to such members beginning July 1, 1988. Any member who first becomes eligible to receive disability benefits on or after July 1, 1988, 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, 1988, 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, 1988, shall be recomputed, and the benefits provided under this Code section shall be paid to such member in the future beginning July 1, 1988.

Page 1002

Section 3 . Said article is further amended by striking subsections (a) and (b) of Code Section 47-17-82, relating to survivors benefits, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) A peace officer, upon becoming a member of the fund and after having designated a beneficiary, shall be issued a certificate by the board whereby the board shall agree to pay the sum of $3,500.00, or such lesser amount as might be arrived at under this Code section, to such beneficiary upon the death of such member. If a member has received $1,000.00 or more in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive $2,500.00 upon the death of such member. If a member has received less than $1,000.00 in retirement benefits at the time of his death, such beneficiary shall only be entitled to receive an amount which, when added to the amount already received by the member, will total $3,500.00. (b) The designated beneficiary of any dues-paying member who receives an injury by external accident or violence arising out of and in the course of the employment as a peace officer and not resulting from willful misconduct of such officer, which injury is the direct and proximate cause of death within 12 months of the date of the injury, shall, upon application to the board and lawful proof of such injury and death as the direct and proximate result thereof, be paid a sum of $5,500.00, provided that, if such peace officer received any disability benefits under this chapter, the $5,500.00 death benefit provided for under this Code section shall be reduced in the amount of such disability benefits received; provided, further, that in no event shall such death benefit be less than $2,500.00, regardless of the amount of benefits such peace officer may have drawn prior to his death. Section 4 . This Act shall become effective July 1, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1003

CRIMINAL PROCEDUREPLEAS; GUILTY BUT MENTALLY RETARDED; DEATH PENALTY; PERSONS NOT TO BE EXECUTED. Code Section 17-7-131 Amended. Code Title 17, Chapter 10, Article 3 Revised. No. 1313 (House Bill No. 878). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change certain provisions relating to proceedings upon a plea of insanity or mental incompetency; to provide for a definition; to prohibit the death penalty and provide for sentencing a defendant to imprisonment for life in certain cases where the defendant is found guilty but mentally ill; to provide for procedures; to provide for applicability; to delete the provisions precluding a trial to determine the sanity of a person who has been convicted of a capital offense and establishing procedures for the Governor to determine the sanity of a person convicted of a capital offense; to provide for definitions; to provide that certain persons shall not be executed; to provide procedures for determining mental competency to be executed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-7-131, relating to proceedings upon a plea of insanity or mental incompetency, and inserting in its place a new Code Section 17-7-131 to read as follows: 17-7-131. (a) For purposes of this Code section, the term: (1) `Insane at the time of the crime' means meeting the criteria of Code Section 16-3-2 or Code Section 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct.

Page 1004

(2) `Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. However, the term `mental illness' shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (3) `Mentally retarded' means having significantly subaverage general intellectual functioning resulting in or associated with impairments in adaptive behavior which manifested during the developmental period. (b) (1) In all cases in which the defense of insanity is interposed, the jury, or the court if tried by it, shall find whether the defendant is: (A) Guilty; (B) Not guilty; (C) Not guilty by reason of insanity at the time of the crime; (D) Guilty but mentally ill at the time of the crime, but the finding of guilty but mentally ill shall be made only in felony cases; or (E) Guilty but mentally retarded but the finding of mental retardation shall be made only in felony cases. (2) A plea of guilty but mentally ill at the time of the crime or a plea of guilty but mentally retarded shall not be accepted until the defendant has undergone examination by a licensed psychologist or psychiatrist and the court has examined the psychological or psychiatric reports, held a hearing on the issue of the defendant's mental condition, and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense or mentally retarded to which the plea is entered. (3) In all cases in which the defense of insanity is interposed, the trial judge shall charge the jury, in addition to other appropriate charges, the following:

Page 1005

(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, this court will maintain custody and control of the defendant until the court is satisfied that the defendant is not a danger to himself or to others. (B) I charge you that should you find the defendant guilty but mentally ill at the time of the crime, the defendant will be given over to the Department of Corrections or the Department of Human Resources, as the mental condition of the defendant may warrant. (C) I charge you that should you find the defendant guilty but mentally retarded, the defendant will be given over to the Department of Corrections or the Department of Human Resources, as the mental condition of the defendant may warrant. (c) In all criminal trials in any of the courts of this state wherein an accused shall contend that he was insane or otherwise mentally incompetent under the law at the time the act or acts charged against him were committed, the trial judge shall instruct the jury that they may consider, in addition to verdicts of `guilty' and `not guilty,' the additional verdicts of `not guilty by reason of insanity at the time of the crime', `guilty but mentally ill at the time of the crime', and `guilty but mentally retarded.' (1) The defendant may be found `not guilty by reason of insanity at the time of the crime' if he meets the criteria of Code Section 16-3-2 or 16-3-3 at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (2) The defendant may be found `guilty but mentally ill at the time of the crime' if the jury, or court acting as trier of facts, finds beyond a reasonable doubt that the defendant is guilty of the crime charged and was mentally ill at the time of the commission of the crime. If the court or jury should make such finding, it shall so specify in its verdict. (3) The defendant may be found `guilty but mentally retarded' if the jury, or court acting as trier of facts,

Page 1006

finds beyond a reasonable doubt that the defendant is guilty of the crime charged and is mentally retarded. If the court or jury should make such finding, it shall so specify in its verdict. (d) Whenever a defendant is found not guilty by reason of insanity at the time of the crime, the court shall retain jurisdiction over the person so acquitted and shall order such person to be detained in a state mental health facility, to be selected by the Department of Human Resources, for a period not to exceed 30 days from the date of the acquittal order, for evaluation of the defendant's present mental condition. Upon completion of the evaluation, the proper officials of the mental health facility shall send a report of the defendant's present mental condition to the trial judge, the prosecuting attorney, and the defendant's attorney, if any. (e) After the expiration of the 30 days evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody without a hearing. If the defendant is not so discharged, the trial judge shall order a hearing to determine whether the defendant should be committed to the Department of Human Resources. The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 37-3-1 and Code Section 37-4-40. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing. If the judge determines that the defendant meets the commitment

Page 1007

criteria of Chapter 3 or 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section. Such rights are: (1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the defendant has the right to counsel and that the defendant or his representatives may apply immediately to the court to have counsel appointed if the defendant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel; (3) The right to confront and cross-examine witnesses and to offer evidence; (4) The right to subpoena witnesses and to require testimony before the court in person or by deposition from any person upon whose evaluation the decision of the court may rest; (5) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and (6) A notice that the defendant has the right to be examined by a physician or a licensed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable. (f) A defendant who has been found not guilty by reason of insanity at the time of the crime and is ordered committed

Page 1008

to the Department of Human Resources under subsection (e) of this Code section may only be discharged from that commitment by order of the committing court in accordance with the procedures specified in this subsection: (1) Application for the release of a defendant who has been committed to the Department of Human Resources under subsection (e) of this Code section upon the ground that he does not meet the civil commitment criteria under Chapter 3 of Title 37 or Chapter 4 of Title 37 may be made to the committing court, either by such defendant or by the superintendent of the state hospital in which the said defendant is detained; (2) The burden of proof in such release hearing shall be upon the applicant. The defendant shall have the same rights in the release hearings as set forth in subsection (e) of this Code section; and (3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does meet the civil commitment criteria, a further release application shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. (g) (1) Whenever a defendant is found guilty but mentally ill at the time of a felony or guilty but mentally retarded, or enters a plea to that effect that is accepted by the court, the court shall sentence him in the same manner as a defendant found guilty of the offense, except as otherwise provided in subsection (j) of this Code section. A defendant who is found guilty but mentally ill at the time of the felony or guilty but mentally retarded shall be evaluated by a psychiatrist or a licensed psychologist from the Department of Human Resources after sentencing and prior to transfer to a Department of Corrections facility. The Board of Human Resources shall develop appropriate rules and regulations for the implementation of such procedures. (2) If the defendant who is found guilty but mentally ill at the time of the felony or guilty but mentally retarded

Page 1009

is not in need of immediate hospitalization, as indicated by the evaluation, then the defendant shall be committed to an appropriate penal facility and shall be further evaluated and then treated, within the limits of state funds appropriated therefor, in such manner as is psychiatrically indicated for his mental illness or mental retardation. (3) If at any time following the defendant's transfer to a penal facility it is determined that a transfer to the Department of Human Resources is psychiatrically indicated for his mental illness or mental retardation, then the defendant shall be transferred to the Department of Human Resources pursuant to procedures set forth in regulations of the Department of Corrections and the Department of Human Resources. (4) If it is determined by the evaluation that the defendant found guilty but mentally ill at the time of the felony or guilty but mentally retarded is in need of immediate hospitalization, then the defendant shall be transferred by the Department of Corrections to a mental health facility designated by the Department of Human Resources in accordance with rules and regulations of such departments. (h) If a defendant who is found guilty but mentally ill at the time of a felony or guilty but mentally retarded is placed on probation under the `State-wide Probation Act,' Article 2 of Chapter 8 of Title 42, the court may require that the defendant undergo available outpatient medical or psychiatric treatment or seek similar available voluntary inpatient treatment as a condition of probation. Persons required to receive such services may be charged fees by the provider of the services. (i) In any case in which the defense of insanity is interposed or a plea of guilty but mentally ill at the time of the felony or a plea of guilty but mentally retarded is made and an examination is made of the defendant pursuant to Code Section 17-7-130.1 or paragraph (2) of subsection (b) of this Code section, upon the defendant being found guilty or guilty but mentally ill at the time of the crime or guilty

Page 1010

but mentally retarded, a copy of any such examination report shall be forwarded to the Department of Corrections with the official sentencing document. (j) In the trial of any case in which the death penalty is sought which commences on or after the effective date of this subsection, should the judge find in accepting a plea of guilty but mentally retarded or the jury or court find in its verdict that the defendant is guilty of the crime charged but mentally retarded, the death penalty shall not be imposed and the court shall sentence the defendant to imprisonment for life. Section 2 . Said title is further amended by striking Article 3 of Chapter 10, relating to disposition of mentally incompetent persons convicted of capital offenses, which reads as follows: ARTICLE 3 17-10-60. No person who has been convicted of a capital offense shall be entitled to any inquisition or trial to determine his sanity. 17-10-61. Upon satisfactory evidence being offered to the Governor, showing reasonable grounds to believe that a person convicted of a capital offense has become insane subsequent to his conviction, the Governor may, in his discretion, have the convicted person examined by such expert physicians as the Governor may choose, the cost of the examination to be paid by the Governor out of the contingent fund. It shall be the responsibility of the Governor to cause the physicians to receive written instructions which plainly set forth the legal definitions of insanity as recognized by the laws of this state. The physicians shall, after making the necessary examination of the convicted person, report in writing to the Governor whether or not reasonable grounds exist to raise an issue that the person is insane under the standards previously specified to them by the Governor. The Governor may, if he determines that the convicted person has become insane, have the power of committing him to the custody of the Department of Human Resources until his sanity has been restored or determined to be restored as provided by law.

Page 1011

17-10-62. When any person shall, after conviction of a capital crime, become insane, and shall be so declared in accordance with Code Section 17-10-61, the convicted person shall be received into the custody of the Department of Human Resources and safely kept and treated as other adjudged insane persons. All the provisions of the law relating to insane persons under sentence of imprisonment shall apply to the class of cases herein provided for, so far as applicable. 17-10-63. If a convicted person committed under Code Section 17-10-61 recovers his sanity, the fact shall be at once certified by the superintendent of the state hospital to the judge of the court in which the conviction occurred. Whenever it shall appear to the judge by the certificate of the superintendent, or by inquiry or otherwise, that the convicted person has recovered, he shall have the person removed to the jail of the county in which the conviction occurred or to some other correctional institution and shall fix a new date of execution as provided in Code Section 17-10-40. He shall issue a new order directing the sheriff to execute the sentence at such date and place as may be named in the order. The judge shall cause the new order and other proceedings in the case to be entered on the minutes of the court., and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 17-10-60. As used in this article, the term `mentally incompetent to be executed' means that because of a mental condition the person is presently unable to know why he or she is being punished and understand the nature of the punishment. 17-10-61. A person under sentence of death shall not be executed when it is determined under the provisions of this article that the person is mentally incompetent to be executed as defined in Code Section 17-10-60. 17-10-62. Notwithstanding any other provision of this Code, this article provides the exclusive procedures for challenging mental competency to be executed when such challenge is made subsequent to the time of conviction and sentence.

Page 1012

17-10-63. (a) An application brought under this article must be filed in the superior court of the county in which the applicant is being detained. The named respondent shall be the person having actual custody of the applicant. (b) An application brought under this article shall identify the proceeding in which the applicant was convicted, give the date of the rendition and the final judgment complained of, set forth the fact that a time period for execution has been set, give the date of the signing of the order and the dates of the designated time period for execution, and shall clearly set forth alleged facts in support of the assertion that the applicant is presently mentally incompetent to be executed. The application shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The application shall identify any previous proceedings that the applicant may have taken challenging his mental competency to be executed or challenging his mental condition in relation to the conviction and sentence in question. Arguments and citations of authority shall be omitted from the application. The application must be verified with the oath of the applicant or of some other person in his behalf. 17-10-64. Service of an application brought under this article shall be made upon the person having custody of the applicant. If the applicant is being detained under the custody of the Department of Corrections, an additional copy of the application shall be served upon the Attorney General. If the applicant is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the application is filed. 17-10-65. As soon as possible after the filing and docketing of the application under this article, the respondent shall answer the application. The court may schedule a case for a hearing prior to the filing of responsive pleadings but, in any event, shall schedule the case for a hearing as soon as possible so that the proceedings may move expeditiously. 17-10-66. (a) By filing an application under this article, the applicant specifically consents to submit to a state

Page 1013

examination for the purposes of assessing mental competency to be executed. (b) Simultaneously with the filing of the application, the applicant, if he or she wishes the court to consider any request for appointment of an expert, shall file such a request and shall state specific facts in support of that request so that the court may determine if the applicant's mental competency to be executed is in fact a significant issue. The applicant shall further submit with the motion a specific statement as to the particular expert requested, the nature of the examination to be conducted, the time period within which an examination can be conducted, and an estimate of the expenses to be incurred. (c) If the applicant has filed a request for an examination as provided in subsection (b) of this Code section and the applicant makes a sufficient showing that his or her mental competency to be executed is a significant issue, the court shall appoint an expert to make an examination of the applicant, with such examination to be conducted as soon as possible. Payment for such expert shall be made by the Department of Corrections unless otherwise designated by the General Assembly. 17-10-67. An application under this article shall not be filed until completion of direct appeal and until an order has been signed by a judge of the trial court setting a time period for the execution. 17-10-68. (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. (b) The taking of depositions shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37. (c) If a sworn affidavit is to be introduced into evidence by either party, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five days in advance of the date set for a hearing in the case or, in the event a hearing is set less than five days from the date of the filing of the application, as soon as possible so that opposing counsel has the opportunity to

Page 1014

review the affidavit prior to the hearing. The affidavit so served shall be accompanied by notice of the party's intention to introduce it into evidence. The superior court judge considering the application may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves. (d) After reviewing the pleadings and evidence offered at the hearing, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record in the case. (e) If the court finds in favor of the applicant by finding that the applicant has proven his or her mental incompetence to be executed by a preponderance of the evidence, the court shall enter an appropriate order with respect to any scheduled execution time period and shall enter such supplementary orders as necessary and proper. If the court denies the application, the court shall direct that immediate telephonic notification be given to the parties and any stay presently entered under this article shall be dissolved instanter. 17-10-69. If an applicant is determined to have previously filed an application under this article and has previously been determined to be mentally competent to be executed, such prior adjudication shall act as a presumption of mental competency and the applicant shall not be entitled to a new hearing on the question of mental competency to be executed absent the applicant's making a prima-facie showing of a substantial change in circumstances sufficient to raise a significant question as to the applicant's mental competency to be executed at the time of filing of any subsequent applications. 17-10-70. (a) Appeals in cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the applicant no appeal shall be ordered unless the Supreme Court of this state issues a certificate of probable cause for the appeal. (b) If an unsuccessful applicant desires to appeal, he or she must file a written application for a certificate of probable cause to appeal with the clerk of the Supreme Court

Page 1015

within three days of the entry of the order denying relief. The applicant shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal. (c) If the trial court finds in favor of the applicant, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court. 17-10-71. If a convicted person under sentence of death who is found to be mentally incompetent to be executed under this article regains his or her mental competency, the fact shall be certified at once by the appropriate mental health official to the court initially making the finding of mental incompetency. Upon such certification, that court shall enter an appropriate order noting receipt of certification and vacating any previously entered stay of execution. A copy of such order shall be sent to the sentencing court, at which time the sentencing court shall fix a new time period for execution as provided in Code Section 17-10-40. The judge of the court which made the determination on the issue of mental competency shall cause the new order and other proceedings in the case to be presented on the minutes of the court.

Page 1016

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACTENACTED. Code Title 14, Chapter 9 Redesignated As Chapter 9A. Code Title 14, New Chapter 9 Enacted. Code Section 14-9A-2.1 Enacted. Code Section 14-9A-110 Amended. No. 1314 (House Bill No. 924). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to modernize the laws of Georgia relating to limited partnerships organized on or after July 1 of the year in which this Act becomes effective or organized before such date but electing to be governed by such laws; to provide for a short title; to provide for definitions; to provide that the name of such limited partnerships shall contain certain descriptive words or letters; to provide for name reservations; to provide the procedure for transferring name reservations; to provide that such limited partnerships shall maintain registered offices and agents; to provide the procedure for changing registered offices and agents; to provide the procedure for resigning as a registered agent; to provide that the Secretary of State shall be the registered agent of limited partnerships under certain conditions; to provide that such limited partnerships shall maintain certain records; to describe the nature of business in which such limited partnerships may engage; to provide for the formation of such limited partnerships; to provide for the type of business which partners may transact with such partnerships; to provide that a limited partnership may indemnify and hold harmless any partner or any other

Page 1017

person; to provide for the content of certificates of limited partnership for such partnerships; to provide for amendments to certificates of limited partnership for such partnerships; to provide for the cancellation of certificates of limited partnership for such partnerships; to provide for the execution and form of certificates of limited partnership for such partnerships; to provide for the execution of certificates of limited partnership for such partnerships by judicial order; to provide for the filing of certificates of limited partnership for such partnerships and any certificates of amendment, cancellation, merger or of any judicial decree of amendment, cancellation, or merger with the Secretary of State; to provide for the merger of limited partnerships; to provide for filing of an annual registration and the contents thereof; to provide penalties and restrict activities of limited partnerships which fail to file annual registrations; to provide for the admission of limited partners; to provide for classes of limited or general partners; to provide for voting by limited and general partners; to provide for liability of limited partners; to provide the method whereby a person erroneously believing himself a limited partner can avoid liability as a general partner; to provide for the obtaining of information by partners relating to their interests in such limited partnerships; to provide for the admission of additional general partners; to provide for general powers and liabilities of general partners; to provide that a person may be both a general and a limited partner; to provide for voting by limited and general partners; to provide for the form of contribution to the capital of such a limited partnership; to provide for liability for contributions; to provide for the allocation of profits, losses, and other items; to provide for interim distributions; to provide that a person ceases to be a general partner under certain conditions; to provide for withdrawal of general partners; to provide for withdrawal of limited partners; to provide for distribution of the fair value of a partner's interest upon withdrawal; to provide for distribution in kind; to provide for the right to distribution; to provide for the nature of a partnership interest; to provide for the assignment of a partnership interest; to provide for the rights of creditors; to provide for the right of assignee to become a limited partner; to provide for the exercise of rights of deceased, incompetent, dissolved, or terminated partners; to provide for nonjudicial dissolution; to provide for judicial dissolution; to provide for the winding up of the affairs of limited partnerships after dissolution; to provide for the distribution of assets; to provide for foreign limited

Page 1018

partnerships; to provide that certain laws shall govern foreign limited partnerships; to provide for the registration of foreign limited partnerships; to provide that foreign limited partnerships shall procure a certificate of authority from the Secretary of State to transact business in this state; to provide that foreign limited partnerships shall maintain agents for service of process; to provide for the issuance of a certificate of authority to foreign limited partnerships; to provide for the registration of names of foreign limited partnerships; to provide for amendments to certificates of authority by foreign limited partnerships; to provide for the cancellation of registration; to provide penalties for the transacting of business without registration; to authorize actions by the Attorney General; to provide for derivative actions; to provide for the right of derivative action by limited partners; to provide that a plaintiff must be a partner at the time of bringing a derivative action; to provide for pleadings and expenses; to provide for fees and the collection thereof by the Secretary of State; to grant the Secretary of State the power and authority to administer the law relative to certain limited parentships and to perform the duties imposed upon him in connection therewith including the power and authority to employ additional personnel; to authorize the Secretary of State to promulgate rules and regulations; to provide that the Secretary of State's duty to file limited partnership documents is ministerial; to provide for the orderly transition to a centralized filing system for certain limited partnerships; to provide for rules of construction; to provide for applicability of Article 1 and Article 2 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by redesignating Chapter 9 as Chapter 9A and by redesignating Code Sections 14-9-1 through 14-9-130 as Code Sections 14-9A-1 through 14-9A-130, respectively. The Official Code of Georgia Annotated is amended by striking any existing reference or cross-reference to Code Sections 14-9-1 through 14-9-130 and inserting the appropriate reference or cross-reference

Page 1019

to Code Sections 14-9A-1 through 14-9A-130 in lieu thereof. Title 14 of the Official Code of Georgia Annotated is further amended by adding thereto a new Chapter 9 to read as follows: CHAPTER 9 ARTICLE 1 14-9-100. This chapter may be cited as the `Georgia Revised Uniform Limited Partnership Act.' 14-9-101. As used in this chapter, unless the context of a provision of this chapter otherwise requires or unless otherwise defined in the partnership agreement: (1) `Certificate of limited partnership' means the certificate referred to in Code Section 14-9-201, and such certificate as amended or restated. (2) `Contribution' means a contribution to the capital of a limited partnership authorized by Code Section 14-9-501. (3) `Event of withdrawal of a general partner' means an event that causes a person to cease to be a general partner as provided in Code Section 14-9-602. (4) `Foreign limited partnership' means a partnership formed under the laws of another state and having as partners one or more general partners and one or more limited partners. (5) `General partner' means a person who: (A) Becomes a general partner upon the formation of a limited partnership in accordance with Code Section 14-9-201 or becomes a general partner in accordance with Code Section 14-9-401, is named in the certificate of limited partnership as a general partner and has not ceased to be a general partner pursuant to Code Section 14-9-602; or (B) Is a general partner of a foreign limited partnership in accordance with the law of the state of organization.

Page 1020

(6) `Interest' means interest at the legal rate that applies when the percentage rate is not named in the contract as provided by Code Section 7-4-2 or any successor statute. (7) `Limited partner' means a person who: (A) Has been admitted to a limited partnership as a limited partner in accordance with Code Section 14-9-301 and has not withdrawn as a limited partner pursuant to Code Section 14-9-603; or (B) Is a limited partner in a foreign limited partnership in accordance with the law of the state of organization. (8) `Limited partnership' and `domestic limited partnership' mean a partnership formed in accordance with Code Section 14-9-201 by two or more persons under the laws of this state and having one or more general partners and one or more limited partners. (9) `Partner' means a limited partner or general partner of a limited partnership. (10) `Partnership agreement' means an agreement, written or oral, of the partners of a limited partnership as to the affairs of the limited partnership and the conduct of its business. (11) `Partnership interest' means a partner's share of the capital and profits and losses of a limited partnership, the right to receive distributions of partnership assets, and the right to receive any allocation of income, gain, loss, deduction, credit, or similar items. (12) `Person' means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity, or any person acting in a representative capacity. (13) `State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States.

Page 1021

14-9-102. (a) The name of each limited partnership shall be as set forth in its certificate of limited partnership and: (1) Must contain the words `limited partnership' or the abbreviation `L.P.'; (2) May not contain the name of a limited partner unless: (A) It is also the name of a general partner or the corporate name of a corporate general partner; or (B) The business of the limited partnership has been carried on under that name before the admission of that limited partner; (3) Must be distinguishable on the records of the Secretary of State from the name of an active limited partnership which is organized under this chapter or which has elected to adopt this chapter pursuant to subsection (b) of Code Section 14-9-1201; and any active foreign limited partnership having a certificate of authority in this state; and any corporation, professional corporation, or professional association on file with the Secretary of State pursuant to this title; and (4) May not contain any words indicating that the business is organized other than as a limited partnership, except as permitted by paragraph (1) of this Code section. (b) If by reason of paragraph (1) or (3) of subsection (a) of this Code section a name would otherwise be unavailable to a limited partnership which files with the Secretary of State under the provisions of subsection (b) of Code Section 14-9-1201, such name shall nonetheless be available to such limited partnership, but such limited partnership shall be distinguished on the records of the Secretary of State by the Secretary of State's adding as necessary: (1) `(L.P.)' to the name of the partnership on its records; and

Page 1022

(2) Adding to the name of such partnership on its records in parentheses the name of the county in which it was organized and, if necessary to distinguish multiple partnerships making such filings that were organized in the same county, by adding a numerical distinction to the county name. Such addition of a county name and numerical distinction to a limited partnership name by the Secretary of State shall be solely for the purpose of distinguishing limited partnerships on the files of the Secretary of State, shall not constitute a change in the name of the limited partnership, and shall have no effect whatsoever on the authority of the limited partnership to use its name. 14-9-103. (a) Any person may reserve the exclusive right to the use of a name available under Code Section 14-9-102 by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the limited partnership name applied for is available, he shall reserve the name for the applicant's exclusive use for a 60 day period. An extension of this period may be granted by the Secretary of State for good cause shown. (b) The person so reserving a limited partnership name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-9-104. (a) Each limited partnership shall continuously maintain in this state: (1) A registered office which may, but need not, be a place of its business in this state; and (2) A registered agent for service of process on the limited partnership. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state.

Page 1023

(c) A limited partnership may change its registered office or its registered agent or agents, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the limited partnership; (2) The address of its then registered office; (3) If the address of its registered office is to be changed, the new address of the registered office; (4) The name or names of its then registered agent or agents; (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each successor agent to his or its appointment; and (6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical. (d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he shall file such statement in his office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective. (e) Any registered agent of a limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the limited partnership for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no

Page 1024

longer be the address of the registered office of the limited partnership. (f) A registered agent may change his or its business address and the address of the registered office of any limited partnership of which he or it is a registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent. (g) The registered agent of one or more limited partnerships may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that he or it resigns and the name and address of the successor registered agent. There shall be attached to such certificate a statement executed by each affected limited partnership ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent shall become the registered agent of such limited partnerships as have ratified and approved such substitution and the successor registered agent's address, as stated in such statement, shall become the address of each such limited partnership's registered office in this state. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation. (h) Whenever a limited partnership shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any other person or persons designated by the Secretary of State to receive such service duplicate copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the last registered

Page 1025

office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the limited partnership has failed either to maintain a registered office or appoint a registered agent in this state. Any such service by certification to the Secretary of State shall be answerable in not less than 30 days. The provisions of this subsection may be used notwithstanding any inconsistent provisions of Chapter 11 of Title 9. (i) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto. 14-9-105. (a) The general partners shall cause the limited partnership to keep the following: (1) A current list of the full name and last known business address of each partner, separately identifying in alphabetical order the general partners and the limited partners; (2) A copy of the certificate of limited partnership, all certificates of amendment thereto, and all certificates of merger filed in mergers of which the limited partnership was the surviving partnership, together with executed copies of any powers of attorney pursuant to which any certificate has been executed; (3) Copies of the limited partnership's federal, state, and local income tax returns and reports, if any, for the four most recent years; (4) Copies of any then effective written partnership agreements, merger agreements in connection with mergers of which the limited partnership was the surviving partnership, and of any annual financial statements of the limited partnership for the four most recent years; and (5) Unless contained in a written partnership agreement, a writing or writings setting out:

Page 1026

(A) The cash and property contributed by each partner to the capital of the partnership; and (B) The cash and property to be contributed by each partner to the capital of the partnership and terms upon which such contributions are to be made. (b) The general partners shall make available records kept under this Code section in accordance with Code Section 14-9-305. 14-9-106. (a) A limited partnership may engage in any activity except to the extent provided by law or in the partnership agreement. (b) Any estate in real property may be acquired in the name of a domestic limited partnership or of a foreign limited partnership (whether or not such foreign limited partnership has procured, or is required under the provisions of Code Section 14-9-902 to procure, a certificate of authority to transact business in this state), and title to any estate so acquired shall vest in the domestic or foreign limited partnership itself rather than in the partners individually. The specification of this power shall not be construed to limit any other power which such domestic or foreign limited partnership may possess. (c) Instruments executed by a domestic or foreign limited partnership conveying an interest in real property located in this state, when signed on behalf of such limited partnership by a person purporting to be a general partner of such limited partnership, shall be presumed to have been duly authorized by and binding upon such limited partnership unless contrary limitations on the authority of the general partner are set forth in the certificate of limited partnership and a copy of the certificate of limited partnership certified by the Secretary of State is filed in the office of the clerk of the superior court of the county where the real property is located and recorded in the book kept by such clerk for statements of partnership pursuant to Code Section 14-8-10.1. 14-9-107. Except as provided in the partnership agreement, a partner may lend money to and transact other business

Page 1027

with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect thereto as a person who is not a partner. 14-9-108. To the extent set forth in the partnership agreement, a limited partnership may, and shall have the power to, indemnify and hold harmless any partner or other person from and against any and all claims and demands whatsoever, provided that the partnership shall not indemnify any person: (1) For intentional misconduct or a knowing violation of law; or (2) For any transaction for which the person received a personal benefit in violation or breach of any provision of the partnership agreement. ARTICLE 2 14-9-201. (a) In order to form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership; (2) The address of the registered office and the name and address of the initial agent for service of process required to be maintained by Code Section 14-9-104; (3) The name and the business address of each general partner; (4) The latest date upon which the limited partnership is to dissolve; and (5) Any other matters the general partners determine to include therein. (b) A limited partnership exists from the time of the filing of the certificate of limited partnership in the office of the Secretary of State or at any later time specified in

Page 1028

the certificate of limited partnership to the time of cancellation pursuant to subsection (c) of Code Section 14-9-206. 14-9-202. (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership; (2) The date of filing the certificate; and (3) The amendment to the certificate. (b) A certificate of limited partnership may be amended at any time for any proper purpose the general partners determine. 14-9-203. A certificate of cancellation may be filed in the office of the Secretary of State when all debts, liabilities, and obligations of the limited partnership have been paid and discharged or reasonably adequate provision therefor has been made, and all of the remaining property and assets of the limited partnership have been distributed to the partners, or when there are no limited partners. Such certificate shall set forth: (1) The name of the limited partnership; (2) The date of filing of its certificate of limited partnership; (3) The basis permitted by this Code section for filing the certificate of cancellation; (4) The effective date of cancellation, which must be a date certain unless it is effective upon the filing of the certificate; and (5) Any other information determined to be necessary by the general partners filing the certificate. 14-9-204. (a) Each certificate required by this article to be filed in the office of the Secretary of State must be

Page 1029

executed, in such form as may be prescribed by the Secretary of State, in the following manner: (1) An original certificate of limited partnership must be signed by all general partners; (2) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; (3) A certificate of cancellation must be signed by all general partners; and (4) A certificate of merger must be executed by at least one general partner of each of the constituent domestic or foreign limited partnerships. (b) Any person may sign a certificate by an attorney-in-fact, but a power of attorney to sign a certificate relating to the admission of a general partner must specifically describe the admission. 14-9-205. (a) If a person required by Code Section 14-9-204 to execute a certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court of the county where the registered office of the limited partnership is located to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, it shall order the Secretary of State to record an appropriate certificate. (b) The court shall assess the costs and expenses of such proceeding against the limited partnership, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the persons required by Code Section 14-9-204 to execute a certificate who failed or refused to do so if the court finds that such failure or refusal was arbitrary, vexatious, or otherwise not in good faith. 14-9-206. (a) A signed copy, and facsimile thereof, of the certificate of limited partnership and of any certificates

Page 1030

of amendment, cancellation, or merger, or of any judicial decree of amendment, cancellation, or merger must be delivered to the Secretary of State. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his authority as a prerequisite to filing. Unless the Secretary of State finds that a certificate does not conform to law, upon receipt of all filing fees required by law he shall: (1) Stamp or otherwise endorse his official title and the date and time of receipt on both the original and the fascimile copy; (2) File the signed copy in his office; and (3) Return the facsimile of the signed copy to the person who filed it or to his representative. (b) Upon the filing pursuant to this Code section or recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited partnership is amended as set forth in the certificate of amendment. (c) Upon the later of the filing of a certificate of cancellation pursuant to this Code section or of the effective date of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Section 14-9-205 of a certificate of cancellation, the certificate of limited partnership is canceled. (d) Upon the later of the filing of a certificate of merger pursuant to this Code section or of the effective date pursuant to paragraph (4) of subsection (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a certificate of merger, the constituent partnerships named in the certificate are merged. 14-9-206.1 (a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships. The agreement shall designate the surviving domestic or foreign limited partnership. The agreement of merger may also set forth: (1) The terms and conditions of the merger;

Page 1031

(2) The manner and basis of converting the interests of the partners of the constituent domestic or foreign limited partnerships into interests in the surviving domestic or foreign limited partnership or, in whole or in part, into cash or other property; (3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic or foreign limited partnership. (b) The surviving domestic or foreign limited partnership shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state: (1) The name and state of domicile of each of the constituent partnerships; (2) That an agreement of merger has been approved by the requisite action by each of the constituent partnerships in accordance with their respective partnership agreements; (3) The name and state of domicile of the surviving partnership; (4) The effective date or time, which shall be a date or time certain, of the merger if not effective on the date of filing of the certificate of merger; (5) If the surviving partnership is a foreign limited partnership without a certificate of authority to do business in this state, that the Secretary of State is appointed agent of the surviving limited partnership on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of a domestic limited partnership constituent to the merger may be served and the address to which a copy of the process is to be mailed. (c) On the effective date of the merger, each partnership that is not the surviving limited partnership in the merger is terminated. (d) The certificate of merger shall have the effect of the certificate of cancellation for a domestic or registered

Page 1032

foreign limited partnership that is not the surviving domestic or foreign limited partnership in the merger. (e) On service on the Secretary of State pursuant to appointment under paragraph (5) of subsection (b) of this Code section, subsection (i) of Code Section 14-9-902.1 is applicable, except that the plaintiff in the action, suit, or proceeding shall certify to the Secretary of State that he has forwarded by registered mail such process, service, or demand to the address specified in the certificate of merger as required by paragraph (5) of subsection (b) of this Code section. (f) When the certificate of merger required by subsection (b) of this Code section is effective, then for all purposes of the law of this state: (1) The surviving domestic or foreign limited partnership shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of each of the merging partnerships, and all property, real, personal and mixed, and all debts due to any of those partnerships, as well as all other choses in action, and each and every other interest of or belonging to or due to each of the merged partnerships shall be taken and deemed to be transferred to and vested in the surviving domestic or foreign limited partnership without further act or deed; and the title to any real estate, or any interest therein, vested in any of the merged partnerships shall not revert or be in any way impaired by reason of such merger. (2) The surviving domestic or foreign limited partnership shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of each of the merged partnerships; and any claim existing or action or proceeding pending by or against any of such partnerships may be prosecuted as if such merger had not taken place, or such surviving partnership may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such partnership shall be impaired by such merger. 14-9-206.5 (a) Each domestic limited partnership and each foreign limited partnership authorized to transact business

Page 1033

in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the limited partnership and the state under whose law it is organized; (2) If a domestic limited partnership, the address of the office, and the name and address of the agent for service of process, required to be maintained by Code Section 14-9-104; or, if a foreign limited partnership, the name and address of the agent for service of process required to be maintained by Code Section 14-9-902.1; (3) A mailing address for the partnership; and (4) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) The first annual registration must be delivered to the Secretary of State between January 1 and April 1 of the year following the calendar year in which a domestic limited partnership was organized or a foreign limited partnership was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1 of the following calendar years. (c) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign limited partnership in writing and return the report to it for correction. If the registration is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. 14-9-206.6. (a) In addition to any action taken under Code Section 14-9-206.7, each limited partnership, domestic or foreign, that fails or refuses to file its annual registration for any year shall be penalized $25.00 for each year in which it so fails or refuses. (b) A limited partnership, whether domestic or foreign, which fails to comply with the annual registration requirements

Page 1034

of this chapter may not maintain a proceeding in any court in this state. A proceeding may be commenced once the limited partnership files its annual registrations and pays any penalties required by this chapter. Notwithstanding the provisions of this Code section, the failure of a limited partnership to meet the annual registration requirements of this chapter does not impair the validity of its acts or contracts or prevent it from defending any proceeding in this state. 14-9-206.7. A limited partnership, domestic or foreign, which fails for three consecutive years to meet any filing requirement of this chapter may be placed on an inactive filing status in the automated data base of the Secretary of State and its name shall become available for reservation pursuant to Code Section 14-9-103. Such inactive status shall not affect any limitation on personal liability of a limited partner as provided by this chapter. ARTICLE 3 14-9-301. (a) Subject to subsection (b) of this Code section, a person may become a limited partner in a limited partnership: (1) In the case of a person acquiring a partnership interest directly from the limited partnership, upon compliance with the partnership agreement or, if the partnership agreement does not so provide in writing, upon the written consent of all partners; and (2) In the case of an assignee of a partnership interest, as provided in Code Section 14-9-704. (b) The effective time of admission of a limited partner to a limited partnership shall be the later of: (1) The date the limited partnership is formed; or (2) The time provided in the partnership agreement, or if no such time is provided therein, then when the person's admission is reflected in the records of the limited partnership.

Page 1035

14-9-302. (a) The partnership agreement may grant: (1) The right to vote to all or certain identified limited partners or specified classes or groups of the limited partners on a per capita or any other basis separately or with all or any class or group of the limited partners or the general partners, on all matters or on one or more specified matters; and (2) Dissenters' right to all or certain identified limited partners. (b) A partnership agreement that grants a right to vote may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by any limited partners, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. Subject to such provisions in the partnership agreement, the matters referred to in this subsection may be decided by the general partners. (c) In addition to the relative rights, powers, and duties authorized by subsections (a) and (b) of this Code section, a partnership agreement may provide for classes or groups of limited partners to have such relative rights, powers, and duties as the partnership agreement may provide. 14-9-303. A limited partner is not liable for the obligations of a limited partnership by reason of being a limited partner and does not become so by participating in the management or control of the business. 14-9-304. (a) Except as provided in subsection (b) of this Code section, and, as between the parties to the business enterprise, except as provided in their agreement, a person who makes a contribution to a business enterprise and erroneously believes that he has become a limited partner in the enterprise is not a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any right of a limited partner, if, on ascertaining the mistake, he:

Page 1036

(1) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed in accordance with Code Sections 14-9-204 through 14-9-206; or (2) Files or causes to be filed with the Secretary of State in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled `Filing Pursuant to Paragraph (2) of Subsection (a) of Code Section 14-9-304 of the Official Code of Georgia Annotated' that sets forth: (A) The name of the limited partnership; (B) The name and mailing address of the person signing the writing; (C) That the person signing the writing acquired a limited partnership interest in the partnership; (D) That the person signing the writing has done one or both of the following: (i) Requested a general partner of the limited partnership to file an accurate certificate of limited partnership required by this chapter; (ii) Instituted a proceeding pursuant to Code Section 14-9-204, which proceeding has not been concluded; and (E) That the writing is being filed pursuant to paragraph (2) of subsection (a) of this Code section, and that the person signing the writing is claiming that he is not a general partner of the limited partnership named in the writing; or (3) Files or causes to be filed with the Secretary of State in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled `Filing Pursuant to Paragraph (3) of Subsection (a) of Code Section 14-9-304 of the Official Code of Georgia Annotated' that sets forth the information described in

Page 1037

subparagraphs (A) through (C) of paragraph (2) of this subsection and the following additional information: (A) That the person signing the writing has renounced future equity participation in the enterprise; and (B) That the writing is being filed pursuant to this paragraph, and that the person signing the writing is claiming status as a limited partner of the enterprise for the period including and prior to the filing of the certificate pursuant to this subsection. (b) A person who makes a contribution of the kind described in subsection (a) is liable as a general partner, irrespective of whether the enterprise is a general partnership, to any third party who transacts business with the enterprise prior to the occurrence of the earliest of the events referred to in subsection (a) of this Code section: (1) If the contributor knew either that no certificate of limited partnership had been filed or that the certificate inaccurately referred to the contributor as a general partner; and (2) If the third party reasonably believed that the contributor was a general partner at the time of the transaction and extended credit to the partnership in reasonable reliance on the credit of the contributor. (c) More than one party claiming limited partnership status under this Code section may sign the writing to be filed pursuant to subsection (b) of this Code section. 14-9-305. (a) Subject to such reasonable procedural standards as may be set forth in the partnership agreement or otherwise established by the general partners, a limited partner may, for any purpose reasonably related to the limited partner's interest as a limited partner: (1) Upon his reasonable request during ordinary business hours inspect at the registered office of the limited partnership and copy at his expense any partnership

Page 1038

record required to be maintained by Code Section 14-9-105; (2) Upon his reasonable request during ordinary business hours inspect and copy at his expense other partnership books and records of account; and (3) Obtain from the general partners from time to time upon reasonable request: (A) True information to such extent and in such form as is reasonably related to such limited partner's interest as a limited partner, regarding the state of the business and financial condition of the limited partnership; (B) Promptly after becoming available, a copy of the limited partnership's federal, state, and local income tax returns for each year; and (C) Other information regarding the affairs of the limited partnership as is just and reasonable. (b) If the limited partnership or a partner or agent of the limited partnership refuses to permit the inspection authorized by subsection (a) of this Code section, the limited partner demanding inspection may apply to the superior court for the county in which the registered office of the limited partnership is located, upon such notice as the court may require, for an order directing the limited partnership, its partners, or agent to show cause why an order permitting such inspection by the applicant should not be granted. The court shall hear the parties summarily, by affidavit or otherwise, and if the limited partnership fails to establish that the applicant is not entitled to such inspeciton, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorneys' fees, as the court may deem just and proper. ARTICLE 4 14-9-401. After the formation of a limited partnership, additional general partners may be admitted as provided

Page 1039

in writing in the partnership agreement or, if the partnership agreement does not provide in writing for the admission of additional general partners, with the written consent of all partners. 14-9-403. (a) Except as otherwise provided in this chapter or in the partnership agreement, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of and liabilities to the partnership and to the other partners of a partner in a partnership without limited partners. (b) Except as otherwise provided in this chapter, a general partner of a limited partnership has the liabilities of a partner in a partnership without limited partners to persons other than the partnership and the other partners. 14-9-404. A person may be both a general partner and a limited partner in a limited partnership if his interests are separately designated in the partnership agreement. A person who is both a general partner and a limited partner has the rights and powers and is subject to the restrictions and liabilities of a general partner and, except as provided in the partnership agreement, also has the rights and powers and is subject to the restrictions and liabilities, if any, of a limited partner to the extent of his participation in the partnership as a limited partner. 14-9-405. (a) The partnership agreement may grant: (1) The right to vote to all or certain identified general partners or specified classes or groups of the general partners on a per capita or any other basis separately or with all or any class or group of the limited partners or the general partners, on all matters or on one or more specified matters; and (2) Dissenters' rights to all or certain identified general partners. (b) A partnership agreement that grants a right to vote may set forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be

Page 1040

voted on by any general partners, waiver of any such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other matter with respect to the exercise of any such right to vote. Subject to such provisions in the partnership agreement, the matters referred to in this subsection may be decided by the general partners. (c) In addition to the relative rights, powers, and duties authorized by subsections (a) and (b) of this Code section and by Code Section 14-9-504, a partnership agreement may provide for classes or groups of general partners having such relative rights, powers, and duties as the partnership agreement may provide. ARTICLE 5 14-9-501. The contribution of a partner to the capital of a limited partnership may be in such form as is provided in the partnership agreement, including, unless otherwise provided therein but without limitation, cash, property, and services rendered, and may be made in such manner as is provided in the partnership agreement, including, unless otherwise provided therein but without limitation, by delivery of a promissory note or other obligation to contribute cash or property or to perform services. 14-9-502. (a) Notwithstanding any other provision of law regarding unwritten contracts, including but not limited to Code Section 13-5-31, a promise by a person to make a contribution to the capital of a limited partnership is not enforceable unless set out in a writing signed by the person or his attorney in fact. (b) Except as provided in the partnership agreement: (1) A partner is obligated to the limited partnership to perform an otherwise enforceable promise to contribute cash or property or to perform services and to pay interest on the agreed contribution from the date the contribution is due; and (2) This obligation exists even if the partner is unable to perform because of death, disability, or any other reason.

Page 1041

(c) Unless otherwise provided in the partnership agreement, the obligation of a partner to make a contribution to the capital of the partnership may be reduced or eliminated only by consent of all partners. 14-9-503. All deductions, credits, income, gains, losses, and distributions of a limited partnership shall be allocated among the partners, and among classes of partners, in the manner provided in writing in the partnership agreement. If the partnership agreement does not so provide in writing, all allocations shall be made on the basis of the amount, as stated in the partnership records required to be kept pursuant to Code Section 14-9-105, of the contributions made by each partner to the extent that they have been received by the partnership and have not been returned. ARTICLE 6 14-9-601. A partner is entitled to receive distributions from a limited partnership before his withdrawal from the limited partnership and before the dissolution and winding up thereof only to the extent and at the times or upon occurrence of the events specified in the partnership agreement. 14-9-602. (a) A person ceases to be a general partner of a limited partnership upon the occurrence of one or more of the following events: (1) The general partner withdraws by voluntary act from the limited partnership as provided in subsection (c) of this Code section; (2) The general partner ceases to be a member of the limited partnership as provided in paragraph (4) of subsection (a) of Code Section 14-9-702; (3) The general partner is removed as a general partner in accordance with the partnership agreement; (4) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, the general partner: (A) Makes an assignment for the benefit of creditors;

Page 1042

(B) Files a voluntary petition in bankruptcy; (C) Is adjudicated a bankrupt or insolvent; (D) Files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature; or (F) Seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the general partner or of all or any substantial part of his properties; (5) Unless otherwise provided in the partnership agreement or approved by written consent of all partners at the time, 120 days after the commencement of any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his consent or acquiescence of a trustee, receiver, or liquidator of the general partner or of all or any substantial part of his properties, the appointment is not vacated or stayed or within 90 days after the expiration of any stay, the appointment is not vacated; (6) In the case of a general partner who is an individual: (A) His death; or (B) The entry of an order by a court of competent jurisdiction adjudicating him incompetent to manage his person or his estate; (7) Unless otherwise provided in writing in the partnership agreement or approved by written consent of

Page 1043

all partners at the time, in the case of a general partner who is a trust or is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust, but not merely the substitution of a new trustee; (8) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, in the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of the separate partnership; (9) Unless otherwise provided in writing in the partnership agreement or approved by written consent of all partners at the time, in the case of a general partner that is a corporation, the filing of a certificate of the corporation's dissolution or the equivalent for the corporation or the revocation of its charter and the lapse of 90 days after notice to the corporation of revocation without a reinstatement of its charter; (10) In the case of an estate, the distribution by the fiduciary of the estate's entire interest in the partnership; or (11) Except as approved by written consent of all partners at the time, any event specified in writing in the partnership agreement as resulting in a person ceasing to be a general partner. (b) The withdrawing general partner shall give such notice of withdrawal, if any, as is provided for in subsection (c) of this Code section or in writing in the partnership agreement and is subject to damages caused by the failure to give such notice or to such penalties, if any, as are provided for in the agreement for failure to give notice. (c) A general partner may withdraw by voluntary act from a limited partnership at any time by giving 90 days' written notice to the other partners, or such other notice as is provided for in the partnership agreement, but if the withdrawal violates the partnership agreement or it occurs as a result of otherwise wrongful conduct of the general partner, the limited partnership may recover from the withdrawing

Page 1044

general partner damages for breach of the partnership agreement, including the reasonable cost of obtaining replacement of the services the withdrawing general partner was obligated to perform and may offset the damages against the amount otherwise distributable to him, in addition to pursuing any remedies provided for in the partnership agreement or otherwise available under applicable law. Unless otherwise provided in the partnership agreement, in the case of a partnership for a definite term or particular undertaking, a withdrawal by a general partner before the expiration of that term or completion of that undertaking is a breach of the partnership agreement. (d) A general partner who ceases to be a general partner under this Code section shall be personally liable to any creditor who extended credit to the limited partnership prior to the time: (1) The partnership causes an appropriate certificate of amendment to be executed and filed in accordance with Code Sections 14-9-204 through 14-9-206; or (2) He or his representative files or causes to be filed with the Secretary of State in accordance with the procedures contained in subsection (a) of Code Section 14-9-206 a writing entitled `Filing Pursuant to Paragraph (2) of Subsection (d) of Code Section 14-9-602 of the Official Code of Georgia Annotated' that sets forth: (A) The name of the limited partnership; (B) The name and mailing address of the person signing the writing; (C) That the person signing the writing has ceased to be a general partner in the partnership; (D) That the person signing the writing has done one or both of the following: (i) Requested a general partner of the limited partnership to file an amended certificate of limited partnership;

Page 1045

(ii) Instituted a proceeding pursuant to Code Section 14-9-204, which proceeding has not been concluded; and (E) That the writing is being filed pursuant to this paragraph and that the person signing the writing is claiming that he has ceased to be a general partner in the partnership named in the writing. (e) A general partner who ceases to be a general partner under this Code section shall not be personally liable as a general partner for any partnership debt incurred after one of the events specified in subsection (d) of this Code section unless the applicable creditor at the time the partnership debt is incurred had a reasonable basis for believing that the partner remained a general partner. The creditor shall be deemed to have a reasonable basis for believing that the partner remained a general partner if: (1) The creditor was a creditor of the partnership at the time of the general partner's withdrawal or had extended credit to the partnership within two years prior to the withdrawal and, in either case, had no knowledge or notice of the general partner's withdrawal; or (2) The creditor had known that the general partner was a general partner in the partnership prior to withdrawal and, having no knowledge or notice of the withdrawal, the fact of withdrawal had not been advertised in a newspaper of general circulation in the place, or in each place if more than one, at which the partnership business was regularly carried on. (f) The filing of a writing or certificate provided for in subsection (d) of this Code section shall not alone constitute notice within the meaning of paragraph (1) or (2) of subsection (e) of this Code section. 14-9-603. A limited partner may withdraw from a limited partnership at the time or upon the occurrence of events specified in writing in the partnership agreement. 14-9-604. Subject to contrary provision in the partnership agreement, a withdrawing partner is entitled to receive,

Page 1046

within a reasonable time after withdrawal, the fair value of his interest in the limited partnership as of the date of withdrawal. 14-9-605. Except as provided in writing in the partnership agreement, a partner, regardless of the nature of his contribution, has no right to demand or to receive any distribution from a limited partnership in any form other than cash. Except as provided in writing in the partnership agreement, a partner may not be compelled to accept a distribution of any asset in kind from a limited partnership to the extent that the percentage of the asset distributed to him exceeds a percentage of that asset which is equal to the percentage in which he shares in distributions from the limited partnership. 14-9-606. Except as otherwise provided in the partnership agreement at the time a partner becomes entitled to receive a distribution, he has the status of, and is entitled to all remedies available to, a creditor of the limited partnership with respect to the distribution. ARTICLE 7 14-9-701. A partnership interest is personal property. A partner has no interest in specific partnership property. 14-9-702. (a) Unless otherwise provided in the partnership agreement: (1) A partnership interest is assignable in whole or in part; (2) An assignment of a partnership interest does not dissolve a limited partnership or entitle the assignee to become or to exercise any rights of a partner; (3) An assignment entitles the assignee to receive, to the extent assigned, the assignor's partnership interest; (4) Until the assignee of a partnership interest becomes a partner, the assignor partner continues to be a partner and to have the power to exercise any rights or

Page 1047

powers of a partner, except to the extent those rights or powers are assigned; provided that on the assignment by a general partner of all of the general partner's rights as a general partner, the general partner's status as a general partner may be terminated by the affirmative vote of a majority in interest of the limited partners; (5) Until an assignee of a partnership interest becomes a partner, the assignee has no liability as a partner solely as a result of the assignment; and (6) The assignor of a partnership interest is not released from his liability as a partner solely as a result of the assignment. (b) A written partnership agreement may provide that a partner's partnership interest may be evidenced by a certificate of partnership interest issued by the limited partnership and may also provide for the assignment or transfer of a partnership interest represented by such a certificate and make other provisions with respect to those certificates. 14-9-703. (a) On application to a competent court by a judgment creditor of a partner or of any assignee of a partner, the court may charge the partnership interest of the partner or such assignee with payment of the unsatisfied amount of the judgment, with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the partnership interest. This chapter shall not deprive any partner of the benefit of any exemption laws applicable to his partnership interest. (b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the interest of a partner in the partnership by process of garnishment served on the partnership. 14-9-704. (a) An assignee of a partnership interest, including an assignee of a general partner, may become a limited partner if and to the extent that: (1) The partnership agreement so provides; or (2) All other partners consent.

Page 1048

(b) An assignee who has become a limited partner has, to the extent assigned, the rights and powers and is subject to the restrictions and liabilities of a limited partner under the partnership agreement and this chapter. An assignee who becomes a limited partner also is liable for the obligations of his assignor to make contributions as provided in Code Section 14-9-502. However, unless otherwise agreed between the assignee and the assignor, such assignee is not obligated for liabilities unknown to the assignee at the time he became a limited partner and which could not be ascertained from the written partnership agreement. (c) Subject to contrary provision in the partnership agreement, if an assignee of a partnership interest becomes a limited partner, the assignor is not released from his liability to the limited partnership under Code Section 14-9-502. 14-9-705. (a) If a partner who is an individual dies or a court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the partner's executor, administrator, conservator, or other legal representative may exercise all the partner's rights for the purpose of settling his estate or administering his property, including any power the partner had to give an assignee the right to become a limited partner. If a partner is a corporation, trust, or other entity and is dissolved or terminated, the powers of that partner may be exercised by its legal representative or successor. (b) The estate of a deceased partner or the successor of a partner that is a dissolved or terminated corporation, trust, or other entity shall be liable for all of the partner's liabilities as a partner. ARTICLE 8 14-9-801. A limited partnership is dissolved and its affairs must be wound up upon the first of the following to occur: (1) Events specified in writing in the partnership agreement; (2) Written consent of all partners;

Page 1049

(3) An event of withdrawal of a general partner unless: (A) There remains at least one other general partner and the written provisions of the partnership agreement permit the business of the limited partnership to be carried on by the remaining general partner or general partners alone or together with new general partners, and that partner or those general partners do so; or (B) Within 90 days after the partnership receives notice of withdrawal pursuant to subsection (c) of Code Section 14-9-602 all partners agree in writing to continue the business of the limited partnership and, if there is no remaining general partner, to the appointment, effective as of the date of withdrawal, of one or more new general partners; or (4) Entry of a decree of judicial dissolution under Code Section 14-9-802. 14-9-802. On application by or for a partner, the court may decree dissolution of a limited partnership whenever: (1) It is not reasonably practicable to carry on the business in conformity with the partnership agreement; or (2) A general partner has been guilty of such misconduct as tends to affect prejudicially the carrying on of the business. 14-9-803. (a) After dissolution, except as provided in the partnership agreement, the general partners who have not withdrawn or, if none, the limited partners may wind up the limited partnership's affairs; but if one or more of such general partners have engaged in wrongful conduct, or upon other cause shown, the court may wind up the limited partnership's affairs upon application of a partner, his legal representative, or assignee. (b) Unless otherwise provided in writing in the partnership agreement, the persons winding up the limited partnership's

Page 1050

affairs may, in the name of, and for and on behalf of, the limited partnership: (1) Prosecute and defend suits, whether civil, criminal, or administrative; (2) Settle and close the limited partnership's business; (3) Dispose of and convey the limited partnership's property for cash; (4) Discharge the limited partnership's liabilities; and (5) Distribute to the partners any remaining assets of the limited partnership. 14-9-804. Upon the winding up of a limited partnership, the assets must be distributed as follows: (1) To creditors, including partners who are creditors, to the extent permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distributions to partners under Code Section 14-9-601 or 14-9-604; (2) Except as provided in the partnership agreement, to partners and former partners in satisfaction of liabilities for distributions under Code Section 14-9-601 or 14-9-604; and (3) Except as provided in the partnership agreement, to partners first for the return of their contributions and second, respecting their partnership interests, in the proportions in which the partners share in distributions. ARTICLE 9 14-9-901. Subject to the Constitution of this state: (1) The laws of the state under which a foreign limited partnership is organized govern its organization and

Page 1051

internal affairs and the liability of its limited partners regardless of whether the foreign limited partnership procured or should have procured a certificate of authority under this chapter; and (2) A foreign limited partnership may not be denied a certificate of authority by reason of any difference between those laws and the laws of this state. 14-9-902. (a) A foreign limited partnership transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited partnership shall submit to the Secretary of State an application for a certificate of authority as a foreign limited partnership, signed and sworn to by a general partner setting forth: (1) The name of the foreign limited partnership and, if different, the name under which it proposes to qualify and transact business in this state; (2) The state and date of its formation; (3) The name and address of any qualified agent for service of process on the foreign limited partnership as required to be maintained by Code Section 14-9-902.1; (4) A statement that the Secretary of State is, pursuant to subsection (i) of Code Section 14-9-902.1, appointed the agent of the foreign limited partnership for service of process if no agent has been appointed under subsection (a) of Code Section 14-9-902.1 or, if appointed, the agent's authority has been revoked or the agent cannot be found by the exercise of reasonable diligence or served; (5) The address of the office required to be maintained in the state of its organization by the laws of that state or, if not so required, of the principal office of the foreign limited partnership; (6) The name and business address of each general partner; and

Page 1052

(7) The address of the office, if any, at which is kept a list of the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign limited partnership to keep those records until the foreign limited partnership's registration in this state is canceled or withdrawn. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited partnership shall not be considered to be transacting business in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its partners or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its partnership interests, or appointing and maintaining trustees or depositaries with relation to its partnership interests; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same;

Page 1053

(8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling a subsidiary corporation incorporated in or transacting business within this state; (11) Owning or controlling a general or limited partnership organized or transacting business within this state; (12) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (13) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state. (c) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited partnership to taxation or to service of process under any of the laws of this state. 14-9-902.1. (a) Each foreign limited partnership that is required to obtain a certificate of authority to do business in this state shall continuously maintain in this state an agent for service of process on the foreign limited partnership. (b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A foreign limited partnership may change its registered office or its registered agent or agents, or both, by executing and filing in the office of the Secretary of State a statement setting forth: (1) The name of the foreign limited partnership; (2) The address of its then registered office;

Page 1054

(3) If the address of its registered office is to be changed, the new address of the registered office; (4) The name or names of its then registered agent or agents; (5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents; and (6) That the address of its registered office and the address of the business office of its resident agent or agents, as changed, will be identical. (d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he shall file such statement in his office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective. (e) Any registered agent of a foreign limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the president, secretary, or treasurer of the corporation for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the address of the registered office of the limited partnership. (f) A registered agent may change his or its business address and the address of the registered office of any foreign limited partnership of which he or it is registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code

Page 1055

section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent. (g) The registered agent of one or more foreign limited partnerships may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that he or it resigns and the name and address of the successor registered agent. There shall be attached to such certificate a statement executed by each affected foreign limited partnership ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such foreign limited partnerships as have ratified and approved such substitution and the successor registered agent's address, as stated in such statement, shall become the address of each such limited partnership's registered office in this state. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation. (h) All general partners of, and the registered agent of a foreign limited partnership authorized in this state, are agents of the foreign limited partnership on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited partnership. (i) Whenever a foreign limited partnership required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice or demand shall be made by delivering to and leaving with him or with any persons designated by the Secretary of State to receive such service duplicate copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that the foreign limited partnership has failed either to maintain a registered office or appoint a registered agent in this state and that he has forwarded by registered mail such process, service, or demand to the

Page 1056

last registered office or agent listed on the records of the Secretary of State and that service cannot be effected at such office. (j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto. 14-9-903. (a) If the Secretary of State finds that an application for certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-9-907 have been paid, he shall: (1) Stamp or otherwise endorse his official title and the date and time of receipt on the application; (2) File in his office a copy of the application; and (3) Issue a certificate of authority to transact business in this state. (b) The certificate of authority must be returned to the person who filed the application or his representative. (c) If the certificate of authority is issued by the Secretary of State, a foreign limited partnership shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority. 14-9-904. (a) A foreign limited partnership may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its state of organization, that could be registered by a domestic limited partnership. (b) Except as provided in subsection (c) of this Code section, whenever a foreign limited partnership is unable to obtain a certificate of authority to transact business in this state because its name does not comply with any part of Code Section 14-9-102, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other

Page 1057

distinctive and distinguishing element such as the name of the state where it is organized. If in the judgment of the Secretary of State the name of the limited partnership with such addition would comply with Code Section 14-9-102, said Code section shall not be a bar to the issuance to such limited partnership of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited partnership shall be issued in its name with such additions, and the limited partnership shall use such name with such additions in all its dealings with the Secretary of State and in the conduct of its affairs in this state. (c) Whenever the name of a foreign limited partnership that was organized prior to July 1 of the year in which this chapter becomes effective and that on such date is transacting business in this state does not comply with any part of Code Section 14-9-102, such foreign limited partnership may nonetheless apply for authority to transact business in this state and Code Section 14-9-102 shall not be a bar to the issuance to such limited partnership of a certificate of authority to transact business in this state; provided, however, in any such case such foreign limited partnership shall be distinguished on the records of the Secretary of State by the Secretary of State's adding to the name of such foreign limited partnership on its records in parentheses the name of the state in which it was organized and, if necessary to distinguish multiple partnerships having such characteristics and making such application that were organized in the same state, by adding a numerical distinction to the state name. Such addition of a state name and numerical distinction to the name of a foreign limited partnership by the Secretary of State shall be solely for the purpose of distinguishing limited partnerships on the files of the Secretary of State, shall not constitute a change in the name of the foreign limited partnership, and shall have no effect whatsoever on the authority of the foreign limited partnership to use its name. 14-9-905. A foreign limited partnership authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes its name or its state of organization. The requirements of

Page 1058

Code Sections 14-9-902 and 14-9-903 for obtaining an original certificate of authority shall apply to obtaining an amended certificate under this Code section. 14-9-906. A foreign limited partnership may cancel its certificate of authority by filing with the Secretary of State a certificate of cancellation signed by a general partner. 14-9-907. (a) A foreign limited partnership transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it has obtained a certificate of authority. (b) The failure of a foreign limited partnership to obtain a certificate of authority does not impair the validity of any contract or act of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this state. (c) A foreign limited partnership that transacts business in this state without registering as required by this article shall be liable to the state: (1) For all fees which would have been imposed by this article upon such foreign limited partnership had it registered as required by this article; and (2) If it has not registered within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business. 14-9-908. The attorney general may maintain an action to restrain a foreign limited partnership from transacting business in this state in violation of this chapter. ARTICLE 10 14-9-1001. A limited partner may maintain an action in the right of a limited partnership to recover a judgment in its favor if general partners with authority to do so have refused to bring the action or an effort to cause those general partners to bring the action is not likely to succeed. The

Page 1059

foregoing authority to bring an action in the right of a limited partnership shall not limit any right a limited partner might have under the partnership agreement or otherwise. 14-9-1002. Except to the extent provided by the partnership agreement, in a derivative action, the plaintiff must be a partner at the time of bringing the action and: (1) Must have been a partner at the time of the transaction of which he complains; or (2) His status as a partner must have devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction. 14-9-1003. In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure commencement of the action by a general partner or the reasons for not making the effort. 14-9-1004. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney's fees, and shall direct him to remit to the limited partnership the remainder of those proceeds received by him. ARTICLE 11 14-9-1101. The Secretary of State shall charge and collect for: (1) Filing a certificate of lmited partnership $ 40.00 (2) Filing a registration of a foreign limited partnership 150.00 (3) Filing an annual registration or a change of registered agent or registered office of a limited partnership 10.00 (4) Filing a certificate of cancellation of a limited partnership 20.00 (5) Filing any other document required or permitted pursuant to this chapter 20.00 14-9-1102. The Secretary of State shall have the power and authority reasonably necessary to enable him to administer this chapter efficiently and to perform the duties therein imposed upon him, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for those purposes. 14-9-1103. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter 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.' 14-9-1104. The Secretary of State's duty to file documents under this chapter is ministerial. His filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the document; or (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. ARTICLE 12 14-9-1201. (a) This chapter governs all domestic limited partnerships formed on or after July 1 of the year in which this chapter becomes effective and all foreign limited partnerships transacting business in this state on or after July 1 of the year in which this chapter becomes effective.

Page 1061

(b) A domestic limited partnership formed before July 1 of the year in which this chapter becomes effective may voluntarily elect, in accordance with any provision in its partnership agreement permitting it to do so or by complying with the procedures provided in its partnership agreement for amending the partnership agreement, to adopt the provisions of this chapter and thereafter may become subject to its provisions as of July 1 of the year in which this chapter becomes effective by filing with the Secretary of State at any time after April 15 of the year in which this chapter becomes effective a certificate of limited partnership that complies with this chapter or a certificate of amendment that would cause its certificate of limited partnership to comply with this chapter and that, in each case, specifically states that the limited partnership is electing to adopt the provisions of this chapter. Upon the later of July 1 of the year in which this chapter becomes effective or the filing of a document complying with the immediately preceding sentence, all provisions of this chapter shall thereafter apply to the limited partnership. (c) A domestic limited partnership formed before July 1 of the year in which this chapter becomes effective that does not adopt the provisions of this chapter pursuant to subsection (b) of this Code section shall continue to be governed by Article 1 or Article 2 of Chapter 9A of this title, as applicable. 14-9-1202. (a) This chapter shall not apply to limited partnerships existing before July 1 of the year in which this chapter becomes effective except as provided in Code Section 14-9-1201. (b) This chapter shall not be construed so as to impair, or otherwise affect, the organization or the continued existence of a limited partnership existing before July 1 of the year in which this chapter becomes effective. This chapter shall not be construed so as to impair any contract or to affect any action or proceedings begun or right accrued before July 1 of the year in which this chapter becomes effective. 14-9-1203. (a) The intent of this Code section is to ensure an orderly transition to a centralized filing system for

Page 1062

limited partnerships and to give existing limited partnerships an opportunity to establish name availability and other files with the Secretary of State to permit an orderly implementation of this chapter. (b) In order to preserve the availability of its name, a domestic limited partnership or a foreign limited partnership existing prior to July 1 of the year in which this chapter becomes effective may file with the Secretary of State a nonrenewable one-year name reservation after April 15 and before July 1 of the year in which this chapter becomes effective. Any of such limited partnerships which do not so file shall be subject to the name restrictions of Code Section 14-9A-102. 14-9-1204. The provisions of Chapter 8 of this title, known as the `Uniform Partnership Act,' shall govern in any case not provided for in this chapter. Section 2 . Said title is further amended by adding, following Code Section 14-9A-2, as redesignated by Section 1 of this Act, a new Code Section 14-9A-2.1 to read as follows: 14-9A-2.1. This article is applicable only to limited partnerships to which Chapter 9 of this title or Article 2 of this chapter does not apply as provided by Code Section 14-9-1201 or 14-9A-110. Section 3 . Said title is further amended by striking subsection (a) of Code Section 14-9A-110, relating to applicability of Article 2 of Chapter 9A of this title, as redesignated by Section 1 of this Act, and inserting in lieu thereof a new subsection (a) to read as follows: (a) This article is applicable only to limited partnerships which were in existence on February 15, 1952, and which have not become limited partnerships subject to Article 1 of this chapter or Chapter 9 of this title. Section 4 . This Act shall become effective on April 15, 1988, provided that the General Assembly has appropriated or authorized the necessary funds to implement the provisions of this Act during state fiscal year 1988-89. If the General Assembly

Page 1063

has not appropriated or authorized the necessary funds to implement the provisions of this Act during state fiscal year 1988-89, this Act shall become effective April 15 immediately preceding the beginning of the state fiscal year for which such funds are appropriated or authorized. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. LAW ENFORCEMENT OFFICERS AND AGENCIESANNUAL TRAINING OF PEACE OFFICERS. Code Section 35-8-21 Enacted. No. 1315 (House Bill No. 1201). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to require annual training of peace officers; to provide exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by adding at the end thereof a new Code Section 35-8-21 to read as follows: 35-8-21. (a) During calendar year 1989 and during each calendar year thereafter, any person employed or appointed as a peace officer shall complete 20 hours of training as provided in this Code section.

Page 1064

(b) The training required by subsection (a) of this Code section shall be completed in sessions approved or recognized by the Georgia Peace Officer Standards and Training Council. (c) Peace officers who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed. (d) Any peace officer who does not fulfill the training requirements of this Code section shall lose his power of arrest. (e) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a peace officer that he was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section. A retired peace officer may voluntarily comply with the requirements of this Code section. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement 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 7, 1988.

Page 1065

GEORGIA CONTROLLED SUBSTANCES ACTIMITATION CONTROLLED SUBSTANCES. Code Section 16-13-21 Amended. Code Section 16-13-30.2 Enacted. No. 1316 (House Bill No. 1203). AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, so as to make it unlawful for any person knowingly to manufacture, distribute, or possess with intent to distribute an imitation controlled substance; to define a certain term; to provide for cumulative effect and other remedies; to provide exceptions; to provide for forfeitures of imitation controlled substances; 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 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, is amended by inserting between paragraphs (12) and (13) of Code Section 16-13-21, relating to definitions under the Georgia Controlled Substances Act, a new paragraph (12.1) to read as follows: (12.1) `Imitation controlled substance' means: (A) A product specifically designed or manufactured to resemble the physical appearance of a controlled substance, such that a reasonable person of ordinary knowledge would not be able to distinguish the imitation from the controlled substance by outward appearances; or (B) A product, not a controlled substance, which, by representations made and by dosage unit appearance, including color, shape, size, or markings, would lead a reasonable person to believe that, if ingested, the product

Page 1066

would have a stimulant or depressant effect similar to or the same as that of one or more of the controlled substances included in Schedules I through V of Code Sections 16-13-25 through 16-13-29. Section 2 . Said article is further amended by adding between Code Sections 16-13-30.1 and 16-13-31 a new Code Section 16-13-30.2 to read as follows: 16-13-30.2. (a) Any person who knowingly manufactures, distributes, or possesses with intent to distribute an imitation controlled substance as defined in paragraph (12.1) of Code Section 16-13-21 is guilty of a misdemeanor of a high and aggravated nature. (b) The provisions of this Code section are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party. (c) No civil or criminal liability shall be imposed by virtue of this Code section on any person registered under this article who manufactures, distributes, or possesses an imitation controlled substance for use by a practitioner, as defined in paragraph (23) of Code Section 16-13-21, in the course of lawful professional practice or research. (d) All materials which are manufactured, distributed, or possessed in violation of this Code section are declared to be contraband and shall be forfeited according to the procedure described in Code Section 16-13-49. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1067

PEACE OFFICERS' ANNUITY AND BENEFIT FUNDMEDICAL EXAMINATIONS; DATE. Code Section 47-17-40 Amended. No. 1317 (House Bill No. 1213). AN ACT To amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Benefit Fund and medical examinations in connection therewith, so as to change the provisions relative to the date of medical examinations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to applications for membership in the Peace Officers' Annuity and Benefit Fund and medical examinations in connection therewith, is amended by striking subsection (b) in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) An application to become a member of the fund must be accompanied by a report of a medical examination of such applicant, which report shall note the physical defects of such applicant. Such medical examination must have been made not more than 90 days prior to the date of the application. The board, in its discretion, may provide for an inspection of such report by a physician of its own choosing and shall also have the authority to require a medical examination of any applicant by a physician of its own choosing. In addition to any other authority possessed by the board to reject an application for membership, it is authorized to reject an application for membership for medical reasons. If the medical report reveals that the applicant has a preexisting physical defect, functional or organic disease, or deformity (1) which may precipitate or cause a disabling injury, illness, or physical impairment, or (2) which may contribute to circumstances whereunder such applicant might reasonably

Page 1068

be expected to be more likely to suffer or incur a disabling injury, illness, or physical impairment, then the board may, in its discretion, require as a precondition to membership in the fund a waiver by the applicant of his right to disability benefits resulting from, caused by, or contributed to by such preexisting physical defect, functional or organic disease, or deformity. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. UNIVERSITY SYSTEM OF GEORGIAEMPLOYEES; PAYROLL DEDUCTIONS FOR CONTRIBUTIONS OR DUES TO INTERDISCIPLINARY CHARITABLE ASSOCIATIONS. Code Section 20-3-83 Enacted. No. 1318 (House Bill No. 1228). AN ACT To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that institutions of the university system may deduct from salaries or wages of their employees contributions or dues to certain charitable associations; to require the written consent of employees; to provide for reimbursement of direct costs to such institutions by such associations; to provide for authority of the board of regents to regulate deductions; 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 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University

Page 1069

System of Georgia, is amended by adding at the end thereof a new Code Section 20-3-83 to read as follows: 20-3-83. (a) Subject to the provisions of this Code section, any institution of the university system is authorized to deduct from the salaries or wages of its employees amounts designated by the employee as contributions or dues to any interdisciplinary charitable association qualified as an organization exempt under Section 501(c)(3) of the United States Internal Revenue Code of 1986 whose regular membership consists exclusively of university, college, and technical institute faculty members if such association has as its objectives to facilitate cooperation among teacher and research scholars for the promotion of the interest of higher education and research and to increase the standards, ideals, and welfare of the academic profession in higher education. (b) No deduction shall be made under this Code section without the written consent of the employee. (c) An institution making deductions under this Code section shall be reimbursed by any participating charitable association for the institution's direct cost of making deductions and remitting the proceeds; and any charitable association desiring to participate in a deduction program shall as a condition of participation agree to make such reimbursement. (d) Deductions under this Code section shall be a privilege for the convenience of employees and no right of action shall accrue to the employee or to any charitable association for errors, omissions, or decisions of any agent of the university system regarding deductions under this Code section. (e) The board of regents may regulate the conduct of deductions under this Code section in any manner deemed by the board to be necessary or appropriate. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1070

GEORGIA BUSINESS CORPORATION CODEREVISION. Code Title 14, Chapter 2 Revised. Code Sections 14-5-5 and 14-5-10 Repealed. No. 1319 (House Bill No. 1272). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to business corporations; to provide for a short title; to provide for a reservation of the power to amend or repeal such laws; to provide for the filing of documents and the requirements, forms, fees, penalties, effective time and date, correction, and evidentiary effect of copies thereof; to provide for the advertising of notices and the costs and procedures connected therewith; to provide for duties, powers, and authority of the Secretary of State; to provide for appeals from actions of the Secretary of State; to provide for penalties for filing false documents; to provide for definitions; to provide for the execution of instruments; to provide for incorporation and the requirements, practices, and procedures connected therewith; to provide for incorporators, articles of incorporation, liability for preincorporation transactions, organization, bylaws, and emergency bylaws; to provide for purposes, powers, and ultra vires acts; to provide for corporate names, reserved names, and registered names; to provide for registered offices and registered agents and changes and resignations related thereto; to provide for service on corporations; to provide for venue; to provide for shares; to provide for the issuance of shares; to provide for the liability and rights of shareholders; to provide for share dividends, share options, certificates, shares without certificates, restrictions, and expenses; to provide for subsequent acquisition of shares by shareholders and by the corporation; to provide for preemptive rights; to provide for distributions; to provide for shareholders; to provide for meetings, action without meetings, notices, waiver of notice, and record dates; to provide for voting, shareholders' lists, proxies, shares held by nominees, quorums, voting groups, and voting by directors; to provide for voting trusts and shareholder agreements; to provide for derivative

Page 1071

proceedings; to provide for standing, demands, stays, dismissals, discontinuances, settlements, expenses, and applicability to foreign corporations; to provide for directors and officers and provisions related thereto; to provide for duties, powers, meetings, actions, and standards of conduct for boards of directors; to provide for required officers; to provide for duties, powers, standards of conduct, resignation, removal, and contract rights of officers; to provide for indemnification and powers, duties, expenses, actions, practices, and procedures connected therewith; to prohibit certain acts, transactions, and conflict of interest; to provide for close corporations and the creation, shares, governance, reorganization, termination, and judicial supervision thereof; to provide for the applicability of certain laws to close corporations; to provide for transition provisions related to close corporations; to provide for amendment of articles of incorporation and bylaws and the practices, procedures, and requirements related thereto; to provide for mergers and share exchanges; to provide for business combinations with interested shareholders; to provide for the sale of assets; to provide for dissenters' rights; to provide for the right to dissent and obtain payment for shares; to provide for procedure for the exercise of dissenters' rights; to provide for judicial appraisal of shares; to provide for dissolution and the practices and procedures connected thereto; to provide for revival; to provide for deposits with the Department of Administrative Services; to provide for foreign corporations; to provide for certificates of authority; to provide for the rights, powers, duties, and liabilities of foreign corporations transacting business in this state; to provide for corporate names of foreign corporations; to provide for registered offices and registered agents of foreign corporations; to provide for service; to provide for withdrawal of foreign corporations; to provide for revocation of certificates of authority; to provide for domestication; to provide for and require records and reports; to provide for inspections by shareholders; to provide for annual registration and the filing thereof with the Secretary of State; to provide for practices, procedures, fees, penalties, rights, powers, duties, and other matters relative to corporations and their directors, officers, agents, and shareholders; to provide for other matters relative to the foregoing; to repeal Code Sections 14-5-5, relating to personal use or borrowing of corporate property by an officer or director, and 14-5-10, relating to derivative actions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1072

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking Chapter 2 and inserting in lieu thereof a new Chapter 2 to read as follows: CHAPTER 2 ARTICLE 1 Part 1 14-2-101. This chapter shall be known and may be cited as the `Georgia Business Corporation Code.' 14-2-102. The General Assembly has power to amend or repeal all or part of this chapter at any time and all domestic and foreign corporations subject to this chapter are governed by the amendment or repeal. Part 2 14-2-120. (a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State. (b) This chapter must require or permit filing the document in the office of the Secretary of State. (c) The document must contain the information required by this chapter. It may contain other information as well. (d) The document must be typewritten or printed. (e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation. (f) The document must be executed:

Page 1073

(1) By the chairman of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers; (2) If directors have not been selected or the corporation has not been formed, by an incorporator; or (3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary. (g) The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he signs. The document may but need not contain: (1) The corporate seal; (2) An attestation by the secretary or an assistant secretary; or (3) An acknowledgment, verification, or proof. (h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1 or 14-2-1403.1 and any penalty required by this chapter or other law. 14-2-121. The Secretary of State may prescribe and furnish on request forms for: (1) An application for a certificate of existence; (2) A foreign corporation's application for a certificate of authority to transact business in this state; (3) A foreign corporation's application for a certificate of withdrawal; (4) The annual registration; and

Page 1074

(5) Such other forms not in conflict with this chapter as may be prescribed by the Secretary of State. 14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him for filing: Document Fee (1) Articles of incorporation $ 60.00 (2) Application for certificate of authority 170.00 (3) Annual registration 15.00 (4) Penalty for late filing of annual registration 25.00 (5) Agent's statement of resignation No fee (6) Certificate of judicial dissolution No fee (7) Civil penalty for each year or part thereof during which a foreign corporation transacts business in this state without a certificate of authority 500.00 (8) Statement of change of address of registered agent.....$5.00 per corporation but not less than 20.00 (9) Any other document required or permitted to be filed by this chapter 20.00 14-2-123. (a) Except as provided in subsection (b) of this Code section and subsection (c) of Code Section 14-2-124, a document accepeted for filing is effective:

Page 1075

(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or (2) At the time specified in the document as its effective time on the date it is filed. (b) A document may specify a delayed effective time and date, and if it does so the document shall become effective at the time and date specified. If a delayed effective date but no time is specified, the document shall become effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date on which it is filed. (c) If a document is determined by the Secretary of State to be incomplete and inappropriate for filing, the Secretary of State may return the document to the person or corporation filing it, together with a brief written explanation of the reason for the refusal to file, in accordance with subsection (c) of Code Section 14-2-125 and, if the applicant returns the document with corrections in accordance with the rules and regulations of the Secretary of State, the filing date of the document will be the filing date that would have been applied had the original document not been deficient. 14-2-124. (a) A domestic or foreign corporation may correct a document filed by Secretary of State if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, verified, or acknowledged. (b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document (including its filing date) or attach a copy of it to the articles;

Page 1076

(B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and (2) By delivering the articles to the Secretary of State for filing. (c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. 14-2-125. (a) If a document delivered to the office of the Secretary of State for filing satisfies the requirements of Code Section 14-2-120, the Secretary of State shall file it. (b) The Secretary of State files a document by stamping or otherwise endorsing his official title and the date and time of receipt on both the original and the document copy. After filing a document, except as provided in Code Sections 14-2-503 and 14-2-1510, the Secretary of State shall deliver the document copy to the domestic or foreign corporation or its representative. (c) If the Secretary of State refuses to file a document, he shall return it to the domestic or foreign corporation or its representative within ten days after the document was delivered, together with a brief, written explanation of the reason for his refusal. (d) The Secretary of State's duty to file documents under this Code section is ministerial. His filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the document; or

Page 1077

(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-2-126. (a) If the Secretary of State refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court of the county where the corporation's registered office is or will be located. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the Secretary of State's explanation of his refusal to file. (b) The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. 14-2-127. A certificate attached to a copy of a document filed by the Secretary of State, bearing his signature, which may be in facsimile, and the printed or embossed seal of this state is prima-facie evidence that the original document has been filed with the Secretary of State. 14-2-128. (a) Any person may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authoriztion for a foreign corporation. (b) A certificate of existence or authorization sets forth: (1) The domestic corporation's corporate name or the foreign corporation's corporate name used in this state; (2) That the domestic corporation is duly incorporated under the law of this state and the date of its incorporation, or that the foreign corporation is authorized to transact business in this state; (3) That its most recent annual registration required by Code Section 14-2-1622 has been delivered to the Secretary of State; and

Page 1078

(4) That articles of dissolution have not been filed. (c) Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as prima-facie evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this state. 14-2-129. A person who signs a document he knows is false in any material respect with intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00. Part 3 14-2-130. The Secretary of State has the power reasonably necessary to perform the duties required of him by this chapter. Part 4 14-2-140. As used in this chapter, the term: (1) `Articles of incorporation' include amended and restated articles of incorporation and articles of merger. (2) `Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue. (3) `Conspicuous' means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (4) `Corporation' or `domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter.

Page 1079

(5) `Deliver' includes mail. (6) `Distribution' means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) `Effective date of notice' is defined in Code Section 14-2-141. (8) `Employee' includes an officer but not a director. A director may accept duties that make him also an employee. (9) `Entity' includes corporation and foreign corporation; nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; and state, United States, and foreign government. (10) `Foreign corporation' means a corporation for profit incorporated under a law other than the law of this state. (11) `Governmental subdivision' includes authority, county, district, and municipality. (12) `Includes' denotes a partial definition. (13) `Individual' includes the estate of an incompetent or deceased individual. (14) `Mail' means the United States mail. (15) `Means' denotes an exhaustive definition. (16) `National securities exchange' means any securities exchange if the securities listed on that exchange

Page 1080

are exempt from the registration requirements of the Georgia Securities Act of 1973 pursuant to subsection (h) of Code Section 10-5-8 or any successor provision. (17) `Notice' is defined in Code Section 14-2-141. (18) `Person' includes individual and entity. (19) `Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (20) `Proceeding' includes civil suit and criminal, administrative, and investigatory action. (21) `Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (22) `Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (c) of Code Section 14-2-840 for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. (23) `Shares' means the units into which the proprietary interests in a corporation are divided. (24) `Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102. (25) `Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.

Page 1081

(26) `State,' when referring to a part of the United States, includes a state and commonwealth (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (27) `Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation. (28) `United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (29) `Voting group' means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group. 14-2-141. (a) Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. (c) Written notice by a domestic or foreign corporation to its shareholder, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders. If the corporation has more than 500 shareholders of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting.

Page 1082

(d) Written notice to a domestic or foreign corporation (authorized to transact business in this state) may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority. (e) Except as provided in subsections (c) and (d) of this Code section, or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee. (f) Oral notice is effective when communicated if communicated in a comprehensible manner. (g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted. (h) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern. 14-2-142. (a) For purposes of this chapter, the following identified as a shareholder in a corporation's current record of shareholders constitute one shareholder: (1) Three or fewer coowners;

Page 1083

(2) A corporation, partnership, trust, estate, or other entity; (3) The trustees, guardians, custodians, or other fiduciaries of a single trust, estate, or account. (b) For purposes of this chapter, shareholdings registered in substantially similar names constitute one shareholder if it is reasonable to believe that the names represent the same person. Part 5 14-2-150. The signatures of the officers of a corporation and the seal of the corporation upon any bond, debenture, interest coupon, or other debt security may be facsimiles if the instrument is authenticated or countersigned by a trustee or transfer agent or registered by a registrar other than the corporation or an employee of the corporation. ARTICLE 2 14-2-201. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Secretary of State for filing. 14-2-201.1. (a) Together with the articles of incorporation, the incorporator or incorporators shall deliver to the Secretary of State a certificate executed by an incorporator verifying that the request for publication of a notice of intent to file the articles of incorporation and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing the articles of incorporation, the incorporator shall mail or deliver 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 such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:

Page 1084

`NOTICE OF INTENT TO INCORPORATE Notice is given that articles of incorporation which will incorporate(name of corporation) will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation will be located at(address of registered office) and its initial registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the incorporator to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the incorporation of the corporation or the filing of the articles of incorporation. 14-2-202. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of Code Section 14-2-401; (2) The number of shares the corporation is authorized to issue; (3) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office; (4) The name and address of each incorporator; and (5) The mailing address of the initial principal office of the corporation. (b) The articles of incorporation may set forth:

Page 1085

(1) The names and addresses of the individuals who are to serve as the initial directors; (2) Provisions not inconsistent with law regarding: (A) The purpose or purposes for which the corporation is organized; (B) Managing the business and regulating the affairs of the corporation; (C) Defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (D) A par value for authorized shares or classes of shares; and (E) The imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions; (3) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (4) A provision eliminating or limiting the personal liability of a director to the corporation or its shareholders for monetary damages for breach of duty of care or other duty as a director, provided that no provision shall eliminate or limit the liability of a director: (A) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Section 14-2-831; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring

Page 1086

prior to the date when such provision becomes effective. (c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter. 14-2-203. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Secretary of State's filing of the articles of incorporation is conclusive proof that the incorporators satisfied all conditions precedent to incorporation except in a proceeding by the state to cancel or revoke the incorporation or involuntarily dissolve the corporation. 14-2-204. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this chapter, are jointly and severally liable for all liabilities created while so acting. 14-2-205. (a) After incorporation: (1) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting at the call of a majority of the directors to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting; (2) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (A) To elect directors and complete the organization of the corporation; or (B) To elect a board of directors who shall complete the organization of the corporation. (b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced

Page 1087

by one or more written consents describing the action taken and signed by each incorporator. (c) An organizational meeting may be held in or out of this state. 14-2-206. (a) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation. (b) The bylaws of a corporation may contain any provision for managing the business and regulating the affairs of the corporation that is not inconsistent with law or the articles of incorporation. 14-2-207. (a) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt bylaws to be effective only in an emergency defined in subsection (d) of this Code section. The emergency bylaws, which are subject to amendment or repeal by the shareholders, may make all provisions necessary for managing the corporation during the emergency, including: (1) Procedures for calling a meeting of the board of directors; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute directors. (b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (c) Corporate action taken in good faith in accordance with the emergency bylaws: (1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event.

Page 1088

ARTICLE 3 14-2-301. Every corporation incorporated under this chapter has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of incorporation. 14-2-302. Unless its articles of incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name and has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including without limitation power: (1) To sue, be sued, complain, and defend in its corporate name; (2) To have a corporate seal which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; (3) To make and amend bylaws, not inconsistent with its articles of incorporation or with the laws of this state, for managing the business and regulating the affairs of the corporation; (4) To purchase, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal with real or personal property or any legal or equitable interest in property, wherever located; (5) To sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of all or any part of its property; (6) To purchase, receive, subscribe for, or otherwise acquire, own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of, and deal in and with shares or other interests in, or obligations of, any other entity; (7) To make contracts and guarantees, incur liabilities, borrow money, issue its notes, bonds, and other obligations (which may be convertible into or include the

Page 1089

option to purchase other securities of the corporation), and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income; (8) To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment; (9) To be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity; (10) To conduct its business, locate offices, and exercise the powers granted by this chapter within or without this state; (11) To elect directors and appoint officers, employees, and agents of the corporation, define their duties, fix their compensation, and lend them money and credit; (12) To pay pensions and establish pension plans, pension trusts, profit sharing plans, share bonus plans, share option plans, and benefit or incentive plans for any or all of its current or former directors, officers, employees, and agents; (13) To make donations for the public welfare or for charitable, scientific, or educational purposes; (14) To transact any lawful business that will aid governmental policy; and (15) To make payments or donations or do any other act not inconsistent with law that furthers the business and affairs of the corporation. 14-2-303. (a) In anticipation of or during an emergency defined in subsection (d) of this Code section, the board of directors of a corporation may: (1) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and

Page 1090

(2) Relocate the principal office, designate alternative principal offices or regional offices, or authorize the officers to do so. (b) During an emergency defined in subsection (d) of this Code section, unless emergency bylaws provide otherwise: (1) Notice of a meeting of the board of directors need be given only to those directors whom it is practicable to reach and may be given in any practicable manner, including by publication and radio; and (2) One or more officers of the corporation present at a meeting of the board of directors may be deemed to be directors for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum. (c) Corporate action taken in good faith during an emergency under this Code section to further the ordinary business affairs of the corporation: (1) Binds the corporation; and (2) May not be used to impose liability on a corporate director, officer, employee, or agent. (d) An emergency exists for purposes of this Code section if a quorum of the corporation's directors cannot readily be assembled because of some catastrophic event. 14-2-304. (a) Except as provided in subsection (b) of this Code section, the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act. (b) A corporation's power to act may be challenged: (1) In a proceeding by a shareholder against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal

Page 1091

representative, against an incumbent or former director, officer, employee, or agent of the corporation; or (3) In a proceeding by the Attorney General under Code Section 14-2-1430. (c) In a shareholder's proceeding under paragraph (1) of subsection (b) of this Code section to enjoin an unauthorized corporate act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the corporation or another party because of enjoining the unauthorized act. ARTICLE 4 14-2-401. (a) A corporate name: (1) Must contain the word `corporation,' `incorporated,' `company,' or `limited,' or the abbreviation `corp.,' `inc.,' `co.,' or `ltd.,' or words or abbreviations of like import in another language; (2) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by Code Section 14-2-301 and its articles of incorporation; (3) May not contain anything which, in the reasonable judgment of the Secretary of State, is obscene; and (4) Shall not in any instance exceed 80 characters, including spaces and punctuation. (b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of a corporation incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-403;

Page 1092

(3) The fictious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; (4) The corporate name of a nonprofit corporation incorporated or authorized to transact business in this state; and (5) The name of a limited partnership or professional association filed with the Secretary of State. (c) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (b) of this Code section. The Secretary of State shall authorize use of the name applied for if the other corporation consents to the use in writing and files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and: (1) The proposed user corporation has merged with the other corporation; (2) The proposed user corporation has been formed by reorganization of the other corporation; or (3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign corporation applying to use its former name. (e) This chapter does not control the use of fictitious or trade names. 14-2-402. (a) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign

Page 1093

corporation whose corporate name is not available, by delivering an application to the Secretary of State for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the corporate name applied for is available, he shall reserve the name for the applicant's exclusive use for a nonrenewable 60 day period. (b) The owner of a reserved corporate name may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-2-403. (a) A foreign corporation may register its corporate name, or its corporate name with any addition required by Code Section 14-2-1506, if the name does not in any instance exceed 80 characters, including spaces and punctuation, and is distinguishable upon the records of the Secretary of State from the corporate names that are not available under paragraph (3) of subsection (b) of Code Section 14-2-401. (b) A foreign corporation registers its corporate name, or its corporate name with any addition required by Code Section 14-2-1506, by delivering to the Secretary of State for filing an application: (1) Setting forth its corporate name, or its corporate name with any addition required by Code Section 14-2-1506, the state or country and date of its incorporation, and a brief description of the nature of the business in which it is engaged; and (2) Accompanied by a certificate of existence (or a document of similar import) from the state or country of incorporation. (c) The name is registered for the applicant's exclusive use upon the effective date of the application. (d) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Secretary of State for filing a renewal application which complies

Page 1094

with the requirements of subsection (b) of this Code section in accordance with the filing requirements of the Secretary of State. The renewal application when filed renews the registration for the following calendar year. (e) A foreign corporation whose registration is effective may thereafter qualify as a foreign corporation under the registered name or consent in writing to the use of that name by a corporation thereafter incorporated under this chapter or by another foreign corporation thereafter authorized to transact business in this state. The registration terminates when the domestic corporation is incorporated or the foreign corporation qualifies or consents to the qualification of another foreign corporation under the registered name. ARTICLE 5 Part 1 14-2-501. Each corporation must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or (C) A foreign corporation or nonprofit foreign corporation authorized to transact business in this state whose business office is identical with the registered office. 14-2-502. (a) A corporation may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth:

Page 1095

(1) The name of the corporation; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of the new registered office; (4) The name of its current registered agent; (5) If the current registered agent is to be changed, the name of the new registered agent; and (6) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any corporation for which he is the registered agent by notifying the corporation in writing of the change and signing, either manually or in fascimile, and delivering to the Secretary of State for filing a statement of change setting forth the new address and all corporations for which he is the registered agent. 14-2-503. (a) A registered agent may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual

Page 1096

registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed. 12-2-504. (a) A corporation's registered agent is the corporation's agent for service of process, notice, or demand required or permitted by law to be served on the corporation. (b) If a corporation has no registered agent or the agent cannot with reasonable diligence be served, the corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the corporation at its principal office. Service is perfected under this subsection at the earliest of: (1) The date the corporation receives the mail; (2) The date shown on the return receipt, if signed on behalf of the corporation; or (3) Five days after its deposit in the mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed. (c) This Code section does not prescribe the only means, or necessarily the required means, of serving a corporation. Part 2 14-2-510. (a) Venue in proceedings against a corporation shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect as of July 1, 1989, or thereafter. (b) For the purpose of determining venue, each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside: (1) For purposes of proceedings generally, in the county where its registered office is maintained, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the county in this state where its last named registered office or principal office,

Page 1097

as shown by the records of the Secretary of State, was maintained; (2) For purposes of proceedings based on contracts, in that county in which the contract sought to be enforced was made or is to be performed, if it has an office and transacts business in that county, and may be sued; (3) For purposes of proceedings for damages because of torts, wrong, or injury done, in the county where the cause of action originated, if the corporation has an office and transacts business in that county; and (4) For purposes of garnishment proceedings, in the county in which is located the corporate office or place of business where the employee who is the defendant in the main action is employed. (c) Any residences established by this Code section shall be in addition to, and not in limitation of, any other residence that any domestic or foreign corporation may have by reason of other laws. (d) Whenever this chapter either requires or permits a proceeding to be brought in the county where the registered office of the corporation is maintained, if the proceeding is against a corporation having a principal office as required under a prior general corporation law, the action or proceeding may be brought in the county where the principal office is located. ARTICLE 6 Part 1 14-2-601. (a) The articles of incorporation must prescribe the classes of shares and the number of shares of each class that the corporation is authorized to issue. If more than one class of shares is authorized, the articles of incorporation must prescribe a distinguishing designation for each class and, prior to the issuance of shares of a class, the preferences, limitations, and relative rights of that class must be described in the articles of incorporation. All shares of a class must have preferences, limitations, and relative rights

Page 1098

identical with those of other shares of the same class except to the extent otherwise permitted by Code Section 14-2-602; provided, however, that any of the voting powers, designations, rights, qualifications, limitations, or restrictions of or on any class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation. (b) The articles of incorporation must authorize: (1) One or more classes of shares that together have unlimited voting rights; and (2) One or more classes of shares (which may be the same class or classes as those with voting rights) that together are entitled to receive the net assets of the corporation upon dissolution. (c) The articles of incorporation may authorize one or more classes of shares that: (1) Have special, conditional, or limited voting rights, or no right to vote, except to the extent prohibited by this chapter; (2) Are redeemable or convertible as specified in the articles of incorporation: (A) At the option of the corporation, the shareholder, or another person or upon the occurrence of a designated event; (B) For cash, indebtedness, securities, or other property; or (C) In a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic date or events;

Page 1099

(3) Entitle the holders to distributions calculated in any manner, including dividents that may be cumulative, noncumulative, or partially cumulative; (4) Have preference over any other class of shares with respect to distributions, including dividends and distributions upon the dissolution of the corporation. (d) If at the time the corporation issues shares that are redeemable or convertible into shares of another class, the corporation does not have authorized and unissued shares sufficient to satisfy the rights if and when exercised, the granting of the rights is not invalid solely by reason of the lack of sufficient authorized but unissued shares to honor the exercise of the rights. (e) The description of the designations, preferences, limitations, and relative rights of share classes in subsection (c) of this Code section is not exhaustive. (f) Solely for the purpose of any statute or regulation imposing any tax or fee based upon the capitalization of a corporation, all authorized shares of a corporation organized under this chapter shall be deemed to have a nominal or par value of 1 per share. If any federal or other statute or regulation applicable to a particular corporation requires that the shares of the corporation have a par value, the shares shall have the par value determined by the board in order to satisfy the requirements of the statute or regulation. 14-2-602. (a) If the articles of incorporation so provide, the board of directors may determine, in whole or in part, the preferences, limitations, and relative rights (within the limits set forth in Code Section 14-2-601) of (1) any class of shares before the issuance of any shares of that class or (2) one or more series within a class, and designate the number of shares within that series, before the issuance of any shares of that series. (b) Each series of a class must be given a distinguishing designation. (c) All shares of a series must have preferences, limitations, and relative rights identical with those of other shares

Page 1100

of the same series and, except to the extent otherwise provided in the description of the series, with those of other series of the same class; provided, however, that any of the voting powers, designations, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, may be made dependent upon facts ascertainable outside the articles of incorporation or of any amendment thereto if the manner in which the facts shall operate upon the voting powers, designations, preferences, rights, qualifications, limitations, or restrictions of or on the class or series of shares, or the holders thereof, is clearly and expressly set forth in the articles of incorporation or any amendment thereto. (d) Before issuing any shares of a class or series created under this Code section, the corporation must deliver to the Secretary of State for filing articles of amendment, which are effective without shareholder action, that set forth: (1) The name of the corporation; (2) The text of the amendment determining the terms of the class or series of shares; (3) The date it was adopted; and (4) A statement that the amendment was duly adopted by the board of directors. (e) After the board of directors has established a series in accordance with the terms of this Code section, the board of directors at any time and from time to time may increase or decrease the number of shares contained in the series, but not below the number of shares then issued, by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section. (f) If the articles of incorporation of a corporation formed prior to July 1, 1989, authorize shares of a class to be divided into series, but do not authorize the board of directors to fix and determine the preferences, limitations, and relative rights of any class of shares or of one or more series, these

Page 1101

preferences, limitations, and relative rights may be fixed and determined by a resolution adopted at a shareholders' meeting by the affirmative vote of the holders of a majority of the shares of each class outstanding, whether or not the shares are otherwise entitled to vote. 14-2-603. (a) A corporation may issue the number of shares of each class or series authorized by the articles of incorporation. Shares that are issued are outstanding shares until they are reacquired, redeemed, converted, or canceled. (b) The reacquisition, redemption, or conversion of outstanding shares is subject to the limitations of subsection (c) of this Code section and to Code Section 14-2-640. (c) At all times that shares of the corporation are outstanding, one or more shares that together have unlimited voting rights and one or more shares (which may be of the same class or classes as those with voting rights) that together are entitled to receive the net assets of the corporation upon dissolution must be outstanding. 14-2-604. (a) A corporation may: (1) Issue fractions of a share or pay in money the value of fractions of a share; (2) Arrange for disposition of fractional shares by or for the account of the shareholders; (3) Issue scrip in registered or bearer form entitling the holder to receive a full share upon surrendering enough scrip to equal a full share. (b) Each certificate representing scrip must be conspicuously labeled `scrip' and must contain the information required by subsection (b) of Code Section 14-2-625. (c) The holder of a fractional share is entitled to exercise the rights of a shareholder, including the right to vote, to receive dividends, and to participate in the assets of the corporation upon liquidation. The holder of scrip is not entitled to any of these rights unless the scrip provides for them.

Page 1102

(d) The board of directors may authorize the issuance of scrip subject to any condition considered desirable, including: (1) That the scrip will become void if not exchanged for full shares before a specified date; and (2) That the shares for which the scrip is exchangeable may be sold and the proceeds paid to the scripholders. Part 2 14-2-620. (a) A written subscription for shares entered into before incorporation is irrevocable for six months unless the subscription agreement provides a longer or shorter period or all the subscribers agree to revocation. (b) The board of directors may determine the payment terms of subscriptions for shares that were entered into before incorporation, unless the subscription agreement specifies them. A call for payment by the board of directors must be uniform so far as practicable as to all shares of the same class or series, unless the subscription agreement specifies otherwise. (c) Shares issued pursuant to subscriptions entered into before incorporation are fully paid and nonassessable when the corporation receives the consideration specified in the subscription agreement. (d) If a subscriber defaults in payment of money or property under a subscription agreement entered into before incorporation, the corporation may collect the amount owed as any other debt. Alternatively, unless the subscription agreement provides otherwise, the corporation may rescind the agreement and may sell the shares if the debt remains unpaid more than 20 days after the corporation sends written demand for payment to the subscriber. (e) A subscription agreement entered into after incorporation is a contract between the subscriber and the corporation subject to Code Section 14-2-621. 14-2-621. (a) The powers granted in this Code section to the board of directors may be reserved to the shareholders by the articles of incorporation.

Page 1103

(b) The board of directors may authorize shares to be issued for consideration consisting of any tangible or intangible property or benefit to the corporation, including cash, promissory notes, services performed, contracts for services to be performed, or other securities of the corporation. (c) Before the corporation issues shares, the board of directors must determine that the consideration received or to be received for shares to be issued is adequate. That determination by the board of directors is conclusive insofar as the adequacy of consideration for the issuance of shares relates to whether the shares are validly issued, fully paid, and nonassessable. (d) When the corporation receives the consideration for which the board of directors authorized the issuance of shares, the shares issued therefor are fully paid and nonassessable. (e) The corporation may place in escrow shares issued for a contract for future services or benefits or a promissory note, or make other arrangements to restrict the transfer of the shares, and may credit distributions in respect of the shares against their purchase price, until the services are performed, the note is paid, or the benefits received. If the services are not performed, the note is not paid, or the benefits are not received, the shares escrowed or restricted and the distributions credited may be canceled in whole or in part. 14-2-622. (a) A purchaser from a corporation of its own shares is not liable to the corporation or its creditors with respect to the shares except to pay the consideration for which the shares were authorized to be issued (Code Section 14-2-621) or specified in the subscription agreement (Code Section 14-2-620). (b) Unless otherwise provided in the articles of incorporation, a shareholder of a corporation is not personally liable for the acts or debt of the corporation except that he may become personally liable by reason of his own acts or conduct. 14-2-623. (a) Unless the articles of incorporation provide otherwise, shares may be issued pro rata and without

Page 1104

consideration to the corporation's shareholders or to the shareholders of one or more classes or series. An issuance of shares under this subsection is a share dividend. (b) Shares of one class or series may not be issued as a share dividend in respect of shares of another class or series unless: (1) The articles of incorporation so authorize; (2) A majority of the votes entitled to be cast by the class or series to be issued approve the issue; or (3) There are no outstanding shares of the class or series to be issued. (c) If the board of directors does not fix the record date for determining shareholders entitled to a share dividend, it is the date the board of directors authorizes the share dividend. 14-2-624. (a) A corporation may issue rights, options, or warrants with respect to the shares of the corporation. The board of directors shall determine the terms upon which the rights, options, or warrants are issued, the terms and conditions relating to the exercise of the rights, options, or warrants, their form and content, and the consideration for which the shares are to be issued. (b) If at the time the corporation issues rights, the corporation does not have authorized and unissued shares sufficient to satisfy the rights if and when exercised, the granting of the rights is not invalid solely by reason of the lack of sufficient authorized but unissued shares to honor the exercise of the rights. (c) The terms of the rights, including the time or times, the conditions precedent, and the prices at which and the holders by whom the rights may be exercised, as well as their duration, may be made dependent upon facts ascertainable outside the documents evidencing the rights, or the resolution providing for the issue of the rights adopted by the board of directors, if the manner in which the facts shall

Page 1105

operate upon the exercise of rights is clearly and expressly set forth in the document evidencing the rights or in the resolution. 14-2-625. (a) Shares may but need not be represented by certificates. Unless this chapter or another statute expressly provides otherwise, there shall be no differences in the rights and obligations of shareholders based on whether or not their shares are represented by certificates. (b) At a minimum each share certificate must state on its face: (1) The name of the issuing corporation and that it is organized under the law of this state; (2) The name of the person to whom issued; and (3) The number and class of shares and the designation of the series, if any, the certificate represents. (c) If the issuing corporation is authorized to issue different classes of shares or different series within a class, a reference on the certificate to the state of incorporation shall be deemed to be a reference to the articles of incorporation and its provisions governing the designations, relative rights, preferences, and limitations applicable to each class and the variations in rights, preferences, and limitations determined for each series (and the authority of the board of directors to determine variations for future series). Alternatively, each certificate may describe the designations, relative rights, preferences, and limitations, or may state conspicuously on its front or back that the corporation will furnish the shareholder this information on request in writing and without charge. (d) Each share certificate: (1) Must be signed, either manually or in facsimile, by one or more officers designated in the bylaws or by the board of directors; and (2) May bear the corporate seal or its facsimile.

Page 1106

If the certificate is signed in facsimile, then it must be countersigned by a transfer agent or registered by a registrar other than the corporation itself or an employee of the corporation. (e) If the person who signed a share certificate, either manually or in facsimile, no longer holds office when the certificate is issued, the certificate is nevertheless valid. (f) No certificate valid when issued shall cease to be valid by reason of any changes in the information required or permitted to be stated on the certificate and, in the event of a change in the capital structure of a corporation, it shall not be necessary to recall any previously issued share certificate for revision of the information placed thereon pursuant to this Code section. 14-2-626. (a) Unless the articles of incorporation or bylaws provide otherwise, the board of directors of a corporation may authorize the issue of some or all of the shares of any or all of its classes or series without certificates. The authorization does not affect shares already represented by certificates until they are surrendered to the corporation. (b) Within a reasonable time after the issue or transfer of shares without certificates, the corporation shall send the shareholder a written statement of the information required on certificates by subsection (b) of Code Section 14-2-265 and, if applicable, Code Section 14-2-627. 14-2-627. (a) The articles of incorporation, bylaws, an agreement among shareholders, or an agreement between shareholders and the corporation may impose restrictions on the transfer or registration of transfer of shares of the corporation. A restriction does not affect shares issued before the restriction was adopted unless the holders of the shares are parties to the restriction agreement or voted in favor of the restriction. (b) A restriction on the transfer or registration of transfer of shares is valid and enforceable against the holder or a transferee or the holder if the restriction is authorized by this Code section and its existence is noted conspicuously

Page 1107

on the front or back of the certificate or is contained in the information statement required by subsection (b) of Code Section 14-2-626. Unless so noted, a restriction is not enforceable against a person without knowledge of the restriction. A restriction authorized under this Code section, whether or not so noted, is enforceable against a person with knowledge of the restriction. (c) A restriction on the transfer or registration of transfer of shares is authorized: (1) To maintain the corporation's status when it is dependent on the number or identity of its shareholders; (2) To preserve exemptions under federal or state securities law; (3) For any other reasonable purpose. (d) A restriction on the transfer or registration of transfer of shares may: (1) Obligate the shareholder first to offer the corporation or other persons (separately, consecutively, or simultaneously) an opportunity to acquire the restricted shares; (2) Obligate the corporation or other persons (separately, consecutively, or simultaneously) to acquire the restricted shares; (3) Require the corporation, the holders of any class of its shares, or another person to approve the transfer of the restricted shares, if the requirement is not manifestly unreasonable; (4) Prohibit the transfer of the restricted shares to designated persons or classes of persons, if the prohibition is not manifestly unreasonable. (e) For purposes of this Code section, the term `shares' includes a security convertible into or carrying a right to subscribe for or acquire shares.

Page 1108

14-2-628. A corporation may pay the expenses of selling or underwriting its shares and of organizing or reorganizing the corporation from the consideration received for shares. Part 3 14-2-630. (a) The shareholders of a corporation (other than a corporation electing statutory close corporation status) formed after July 1, 1989, do not have a preemptive right to acquire the corporation's unissued shares except to the extent the articles of incorporation so provide. (b) All corporations in existence on July 1, 1989, and all corporations electing statutory close corporation status shall have preemptive rights as provided in subsection (c) of this Code section, unless their articles of incorporation expressly provide otherwise. (c) A statement included in the articles of incorporation that the corporation elects to have preemptive rights (or words of similar import) means that the following principles apply except to the extent the articles of incorporation expressly provide otherwise: (1) The shareholders of the corporation have a preemptive right, granted on uniform terms and conditions prescribed by the board of directors to provide a fair and reasonable opportunity to exercise the right, to acquire proportional amounts of the corporation's unissued shares upon the decision of the board of directors to issue them; (2) There is no preemptive right with respect to the issuance of: (A) Shares issued as a share dividend; (B) Fractional shares; (C) Shares issued to effect a merger or share exchange; (D) Shares issued as compensation to directors, officers, agents, or employees of the corporation, its

Page 1109

subsidiaries, or affiliates upon terms and conditions approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon; (E) Shares issued to satisfy conversion or option rights created to provide compensation to directors, officers, agents, or employees of the corporation, its subsidiaries, or affiliates upon terms and conditions approved or ratified by the affirmative vote of the holders of a majority of the shares entitled to vote thereon; (F) Shares authorized in articles of incorporation that are issued within one year from the effective date of incorporation; (G) Shares issued under a plan of reorganization approved in a proceeding under any applicable act of Congress relating to the reorganization of corporations; (H) Shares sold otherwise than for money, deemed by the board of directors in good faith to be advantageous to the corporation's business, other than shares sold pursuant to subparagraph (A) or (B) of this paragraph; or (I) Shares released by waiver from their preemptive right by the affirmative vote or written consent of the holders of two-thirds of the shares of the class to be issued. Any vote or consent shall be binding on all shareholders and their transferees for the time specified in the vote or consent up to but not exceeding one year from the date thereof and shall protect the corporation, its management, and all persons who may within that time acquire the shares so released; (3) A shareholder may waive his individual preemptive right at any time, and the holders of a class of shares may waive the preemptive rights of the class by the affirmative vote or written consent of the holders of two-thirds of the shares of the class with preemptive rights. The

Page 1110

waiver of preemptive rights with respect to past issuances of shares shall be effective if made by the person who was the shareholder at the time the shares were issued. A waiver evidenced by a writing is irrevocable even though it is not supported by consideration; (4) Holders of shares of any class without general voting rights or with preferential rights to distributions or assets have no preemptive rights with respect to shares of any class; (5) Holders of shares of any class with general voting rights but without preferential rights to distributions or assets have no preemptive rights with respect to shares of any class with preferential rights to distributions or assets unless the shares with preferential rights are convertible into or carry a right to subscribe for or acquire shares without preferential rights; and (6) Shares subject to preemptive rights that are not acquired by shareholders may be issued to any person at a consideration set by the board of directors that is not lower than the consideration set for the exercise of preemptive rights. (d) For purposes of this Code section, the term `shares' includes a security convertible into or carrying a right to subscribe for or acquire shares. (e) Shares that are otherwise validly issued and outstanding shall not be affected by reason of any violation of preemptive rights with respect to their issuance. (f) No action shall be maintained to enforce any liability for violation of preemptive rights unless brought within three years of the discovery or notice of the violation, but in no event shall any action be brought to enforce a liability for violation of preemptive rights more than five years after the issuance giving rise to the violation. 14-2-631. (a) A corporation may acquire its own shares and, except as otherwise provided in the articles of incorporation, shares so acquired constitute authorized but unissued shares.

Page 1111

(b) If the articles of incorporation prohibit the reissue of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon amendment of the articles of incorporation. (c) The board of directors may adopt articles of amendment under this Code section without shareholder action and deliver them to the Secretary of State for filing. The articles must set forth: (1) The name of the corporation; (2) The reduction in the number of authorized shares, itemized by class and series; and (3) The total number of authorized shares, itemized by class and series, remaining after reduction of the shares. Part 4 14-2-640. (a) A board of directors may authorize and the corporation may make distributions to its shareholders subject to restriction by the articles of incorporation and the limitation in subsection (c) of this Code section. (b) If the board of directors does not fix the record date for determining shareholders entitled to a distribution (other than one involving a purchase, redemption, or other reacquisition of the corporation's shares), it is the date the board of directors authorizes the distribution. (c) No distribution may be made if, after giving it effect: (1) The corporation would not be able to pay its debts as they become due in the usual course of business; or (2) The corporation's total assets would be less than the sum of its total liabilities plus (unless the articles of incorporation permit otherwise) the amount that would be needed, if the corporation were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of shareholders whose preferential rights are superior to those receiving the distribution.

Page 1112

(d) The board of directors may base a determination that a distribution is not prohibited under subsection (c) of this Code section either on financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances or on a fair valuation or other method that is reasonable in the circumstances. (e) Except as provided in subsection (g) of this Code section, the effect of a distribution under subsection (c) of this Code section is measured: (1) In the case of distribution by purchase, redemption, or other acquisition of the corporation's shares, as of the earlier of: (A) The date money or other property is transferred or debt incurred by the corporation; or (B) The date the shareholder ceases to be a shareholder with respect to the acquired shares; (2) In the case of any other distribution of indebtedness, as of the date the indebtedness is distributed; and (3) In all other cases, as of: (A) The date the distribution is authorized if payment occurs within 120 days after the date of authorization; or (B) The date the payment is made if it occurs more than 120 days after the date of authorization. (f) A corporation's indebtedness to a shareholder incurred by reason of a distribution made in accordance with this Code section is at parity with the corporation's indebtedness to its general, unsecured creditors except to the extent subordinated by agreement or except to the extent secured. (g) Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations under subsection (c) of this Code section if its terms provide that payment of principal

Page 1113

and interest are to be made only if and to the extent that payment of a distribution to shareholders could then be made under this Code section. If the indebtedness is issued as a distribution, each payment of principal or interest is treated as a distribution, the effect of which is measured on the date the payment is actually made. 14-2-641. (a) As used in this Code section, the term: (1) `Call' means a notice or demand, pursuant to a right contained in the articles of incorporation, resolution of the board of directors, or other document governing rights and preferences of shares or other securities, to redeem, cancel, or otherwise extinguish a part or all of a class or series of securities of an issuing corporation. (2) `Registered holder' means the holder or owner of shares or other securities as shown upon the records maintained by or on behalf of the issuer for that purpose. (3) `Redemption' includes the surrender, cancellation, or payment in satisfaction of or with respect to shares or other securities by an issuer. (b) When a corporation has duly and properly called for redemption of any securities and the registered holder of the securities has been mailed notice of call at his last address as it appears on the records of the corporation but fails to present the certificate for the securities or otherwise take action as required by the call within 60 days of the effective date of the call or such longer time as may be specified in the notice of the call, then the corporation may transfer the money or other property distributable upon the redemption to a trustee, for the benefit of the registered owner or his successors in title, and thereupon the securities shall be deemed as of the effective date of the call to have been redeemed, canceled, or paid and no longer outstanding. (c) In order for the transfer to the trustee permitted by subsection (b) of this Code section to be effective for this purpose, the corporation must have adopted a plan therefor prior to the call, and must have mailed notice to the registered holder of the securities of the details of the plan, including the name and address of the trustee, at the time of the mailing

Page 1114

of the notice of the call. The registered holder for whom the transfer in trust is made, or his successors in title, shall have only the right to obtain the money or other property from the trustee: (1) In the case of certificated securities, upon surrender to the trustee of the certificates involved; and (2) In the case of uncertificated securities, upon satisfying the trustee that he was the registered holder. (d) Any money or other property held by the trustee which is not claimed by the registered holder within six years from the date of the transfer to the trustee shall be distributed to the persons and in the manner provided in the plan previously adopted or, if the provisions for distribution are held to be invalid or the plan does not contain provisions for distribution, shall be distributed to and become the property of the Board of Regents of the University System of Georgia, to be used for educational purposes. The trustee appointed under this Code section must be a bank or trust company located in the State of Georgia. (e) The procedures specified in subsections (b) through (d) of this Code section shall not be exclusive of other procedures, not otherwise inconsistent with law, specified in the articles of incorporation, including an amendment of the articles of incorporation adopted by the board of directors establishing and designating a series of preferred shares and fixing and determining the relative rights and preferences of a series of preferred shares, or in the instruments governing any other securities, with respect to the redemption of the securities, and, upon compliance by a corporation with any of those procedures, the shares or other securities shall be deemed as of the date provided in those procedures to have been redeemed, canceled, and no longer to be outstanding, regardless of whether the holders thereof shall have taken the steps provided in this Code section. ARTICLE 7 Part 1 14-2-701. (a) A corporation shall hold a meeting of shareholders annually at a time stated in or fixed in accordance with the bylaws.

Page 1115

(b) Annual shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual meetings shall be held at the corporation's principal office. (c) The failure to hold an annual meeting at the time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action. 14-2-702. (a) A corporation shall hold a special meeting of shareholders: (1) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; (2) Except as set forth in paragraph (3) of this subsection, if the holders of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation's secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held; or (3) In the case of a corporation having 100 or fewer shareholders of record, if the holders of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be considered at the proposed special meeting sign, date, and deliver to the corporation's secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to demand a special meeting is the date the first shareholder signs the demand. (c) Special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance

Page 1116

with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office. (d) Only business within the purpose or purposes described in the meeting notice required by subsection (c) of Code Section 14-2-705 may be conducted at a special shareholders' meeting. 14-2-703. (a) The superior court of the county where a corporation's registered office is located may summarily order a meeting to be held: (1) On application of any shareholder of the corporation entitled to participate in an annual meeting if an annual meeting was not held within the later of six months after the end of the corporation's fiscal year or 15 months after its last annual meeting; or (2) On application of a shareholder who signed a demand for a special meeting valid under Code Section 14-2-702, if: (A) Notice of the special meeting was not given within 30 days after the date the demand was delivered to the corporation's secretary; or (B) The special meeting was not held in accordance with the notice. (b) The court may, after notice to the corporation, order a substitute annual meeting to be held upon the application of such shareholder. The superior court may issue such orders as may be appropriate, including, without limitation, designating the time and place of the meeting, the record date for determination of shareholders entitled to vote, and the form of the notice of the meeting. 14-2-704. (a) Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action or, if so provided in the articles of incorporation, by persons who would be entitled

Page 1117

to vote at a meeting shares having voting power to cast not less than the minimum number (or numbers, in the case of voting by groups) of votes that would be necessary to authorize or take the action at a meeting at which all shareholders entitled to vote were present and voted. The action must be evidenced by one or more written consents describing the action taken, signed by shareholders entitled to take action without a meeting and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) No written consent signed under this Code section shall be valid unless: (1) The consenting shareholder has been furnished the same material that, under this chapter, would have been required to be sent to shareholders in a notice of a meeting at which the proposed action would have been submitted to the shareholders for action, including notice of any applicable dissenters' rights as provided in Code Sections 14-2-1320 and 14-2-1322; or (2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished. (c) Action with respect to any election of directors as to which shareholders would be entitled to cumulative voting may be taken without a meeting only by written consent of all the shareholders entitled to vote on the action. (d) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to take action without a meeting is the date the first shareholder signs the consent under subsection (a) or (b) of this Code section. (e) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. (f) If action is taken under this Code section by less than all of the shareholders entitled to vote on the action,

Page 1118

all voting shareholders on the record date who did not participate in taking the action shall be given written notice of the action, together with the material described in paragraph (1) of subsection (b) of this Code section, not more than ten days after the taking of action without a meeting. (g) If this chapter requires that notice of action by shareholders be given to nonvoting shareholders and the action is taken by voting shareholders without a meeting, the corporation must give its nonvoting shareholders written notice of the action not more than ten days after the taking of action without a meeting. The notice must contain or be accompanied by the same material that, under this chapter, would have been required to be sent to nonvoting shareholders in a notice of meeting at which the proposed action would have been submitted to the shareholders for action. 14-2-705. (a) A corporation shall notify shareholders of the date, time, and place of each annual and special shareholders' meeting no fewer than ten nor more than 60 days before the meeting date. Unless this chapter or the articles of incorporation require otherwise, the corporation is required to give notice only to shareholders entitled to vote at the meeting. (b) Unless this chapter or the articles of incorporation require otherwise, notice of an annual meeting need not include a description of the purpose or purposes for which the meeting is called. (c) Notice of a special meeting must include a description of the purpose or purposes for which the meeting is called. (d) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to notice of and to vote at an annual or special shareholders' meeting is the close of business on the day before the first notice is delivered to shareholders. (e) Unless the bylaws require otherwise, if an annual or special shareholders' meeting is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place if the new date, time, or place is announced

Page 1119

at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under Code Section 14-2-707, however, notice of the adjourned meeting must be given under this Code section to persons who are shareholders as of the new record date. 14-2-706. (a) A shareholder may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. The waiver must be in writing, be signed by the shareholder entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A shareholder's attendance at a meeting: (1) Waives objection to lack of notice or defective notice of the meeting, unless the shareholder at the beginning of the meeting objects to holding the meeting or transacting business at the meeting; and (2) Waives objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the shareholder objects to considering the matter when it is presented. (c) Unless required by the bylaws, neither the business transacted nor the purpose of the meeting need be specified in the waiver, except that any waiver by a shareholder of the notice of a meeting of shareholders with respect to an amendment of the articles of incorporation pursuant to Code Section 14-2-1003, a plan of merger or share exchange pursuant to Code Section 14-2-1103, a sale of assets pursuant to Code Section 14-2-1202, or any other action which would entitle the shareholder to dissent pursuant to Code Section 14-2-1302 and obtain payment for his shares shall not be effective unless: (1) Prior to the execution of the waiver, the shareholder shall have been furnished the same material that under this chapter would have been required to be sent to the shareholder in a notice of the meeting, including

Page 1120

notice of any applicable dissenters' rights as provided in Code Sections 14-2-1320 and 14-2-1322; or (2) The waiver expressly waives the right to receive the material required to be furnished. 14-2-707. (a) The bylaws may fix or provide the manner of fixing the record date for one or more voting groups in order to determine the shareholders entitled to notice of a shareholders' meeting, to demand a special meeting, to vote, or to take any other action. If the bylaws do not fix or provide for fixing a record date, the board of directors of the corporation may fix a future date as the record date. (b) A record date fixed under this Code section may not be more than 70 days before the meeting or action requiring a determination of shareholders. (c) A determination of shareholders entitled to notice of or to vote at a shareholders' meeting is effective for any adjournment of the meeting unless the board of directors fixes a new record date, which it must do if the meeting is adjourned to a date more than 120 days after the date fixed for the original meeting. (d) If a court orders a meeting adjourned to a date more than 120 days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date. Part 2 14-2-720 (a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its shareholders who are entitled to notice of a shareholders' meeting. The list must be arranged by voting group (and within each voting group by class or series of shares) and show the address of and number of shares held by each shareholder. (b) The shareholders' list must be available for inspection by any shareholder, his agent, or his attorney at the time and place of the meeting.

Page 1121

(c) If the corporation refuses to allow a shareholder, his agent, or his attorney to inspect the shareholders' list at the meeting, the superior court of the county where a corporation's registered office is located, on application of the shareholder, may summarily order the inspection at the corporation's expense and may postpone the meeting for which the list was prepared until the inspection is complete. (d) Refusal or failure to prepare or make available the shareholders' list does not affect the validity of action taken at the meeting. 14-2-721. (a) Except as provided in subsections (b) and (c) of this Code section or unless the articles of incorporation provide otherwise, each outstanding share, regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting. Only outstanding shares are entitled to vote. (b) Absent special circumstances, the shares of a corporation are not entitled to vote if they are owned, directly or indirectly, by a second corporation, domestic or foreign, and the first corporation owns, directly or indirectly, shares sufficient to elect a majority of the directors of the second corporation. (c) Subsection (b) of this Code section does not limit the power of a corporation to vote any shares, including its own shares, held by it in a fiduciary capacity. (d) Redeemable shares are not entitled to vote after notice of redemption is mailed to the holders and a sum sufficient to redeem the shares has been deposited with a bank, trust company, or other financial institution under an irrevocable obligation to pay the holders the redemption price on surrender of the shares. 14-2-722. (a) A shareholder may vote his shares in person or by proxy. (b) A shareholder may appoint a proxy to vote or otherwise act for him by signing an appointment form, either personally or by his attorney in fact.

Page 1122

(c) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the shareholders unless the appointment form conspicuously states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of: (1) A pledgee; (2) A person who purchased or agreed to purchase the shares; (3) A creditor of the corporation who extended it credit under terms requiring the appointment; (4) An employee of the corporation whose employment contract requires the appointment; or (5) A party to a voting agreement created under Code Section 14-2-731. (e) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his authority under the appointment. (f) An appointment made irrevocable under subsection (d) of this Code section is revoked when the interest with which it is coupled is extinguished. (g) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if he did not know of its existence when he acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate representing the shares or on the information statement for shares without certificates. (h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's authority appearing on the face of

Page 1123

the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the shareholder making the appointment. 14-2-723. (a) A corporation may establish a procedure by which the beneficial owner of shares that are registered in the name of a nominee is recognized by the corporation as the shareholder. The extent of this recognition may be determined in the procedure. (b) The procedure may set forth: (1) The types of nominees to which it applies; (2) The rights or privileges that the corporation recognizes in a beneficial owner; (3) The manner in which the procedure is selected by the nominee; (4) The information that must be provided when the procedure is selected; (5) The period for which selection of the procedure is effective; and (6) Other aspects of the rights and duties created. 14-2-724. (a) If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a shareholder, the corporation if acting in good faith is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the shareholder. (b) If the name signed on a vote, consent, waiver, or proxy appointment does not correspond to the name of its shareholder, the corporation if acting in good faith is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the shareholder if: (1) The shareholder is an entity and the name signed purports to be that of an officer or agent of the entity;

Page 1124

(2) The name signed purports to be that of an administrator, executor, guardian, or conservator representing the shareholder and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; (3) The name signed purports to be that of a receiver or trustee in bankruptcy of the shareholder and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the vote, consent, waiver, or proxy appointment; (4) The name signed purports to be that of a pledgee, beneficial owner, or attorney in fact of the shareholder and, if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the shareholder has been presented with respect to the vote, consent, waiver, or proxy appointment; or (5) Two or more persons are the shareholder as cotenants or fiduciaries and the name signed purports to be the name of at least one of the coowners and the person signing appears to be acting on behalf of all the coowners. (c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the shareholder. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section are not liable in damages to the shareholder for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section is valid unless a court of competent jurisdiction determines otherwise.

Page 1125

14-2-725. (a) Shares entitled to vote as a separate voting group may take action on a matter at a meeting only if a quorum of those shares exists with respect to that matter. Unless the articles of incorporation or this chapter provides otherwise, a majority of the votes entitled to be cast on the matter by the voting group constitutes a quorum of that voting group for action on that matter. (b) Once a share is represented for any purpose at a meeting other than solely to object to holding the meeting or transacting business at the meeting, it is deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is or must be set for that adjourned meeting. (c) If a quorum exists, action on a matter (other than the election of directors) by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing the action, unless the articles of incorporation, a bylaw authorized by the articles of incorporation under Code Section 14-2-1021, or this chapter requires a greater number of affirmative votes. (d) The election of directors is governed by Code Section 14-2-728. 14-2-726. (a) If the articles of incorporation or this chapter provides for voting by a single voting group on a matter, action on that matter is taken when voted upon by that voting group as provided in Code Section 14-2-725. (b) If the articles of incorporation or this chapter provides for voting by two or more voting groups on a matter, action on that matter is taken only when voted upon by each of those voting groups counted separately as provided in Code Section 14-2-725. Action may be taken by one voting group on a matter even though no action is taken by another voting group entitled to vote on the matter. 14-2-727. (a) The articles of incorporation or a bylaw adopted under Code Section 14-2-1021 may provide for a greater or lesser quorum (but not less than one-third of the votes entitled to be cast) or a greater voting requirement

Page 1126

for shareholders (or voting groups of shareholders) than is provided for by this chapter. (b) An amendment to the articles of incorporation or bylaws that changes or deletes a greater quorum or voting requirement must meet the same quorum requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirements prescribed in the provision being amended. 14-2-728. (a) Unless otherwise provided in the articles of incorporation, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present. (b) Shareholders do not have a right to cumulate their votes for directors unless the articles of incorporation so provide. (c) A statement included in the articles of incorporation that all or a designated voting group of shareholders are entitled to cumulate their votes for directors (or words of similar import) means that the shareholders designated are entitled to multiply the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and cast the product for a single candidate or distribute the product among two or more candidates. (d) Shares otherwise entitled to vote cumulatively may not be voted cumulatively at a particular meeting unless: (1) The meeting notice or proxy statement accompanying the notice states that cumulative voting will be in effect; or (2) A shareholder who has the right to cumulate his votes gives notice to the corporation not less than 48 hours before the time set for the meeting of his intent to cumulate his votes during the meeting, and if one shareholder gives this notice all other shareholders in the same voting group participating in the election are entitled to cumulate their votes without giving further notice.

Page 1127

Part 3 14-2-730. (a) One or more shareholders may create a voting trust, conferring on a trustee the right to vote or otherwise act for them, by signing an agreement setting out the provisions of the trust (which may include anything consistent with its purpose) and transferring their shares to the trustee. When a voting trust agreement is signed, the trustee shall prepare a list of the names and addresses of all owners of beneficial interests in the trust, together with the number and class of shares each transferred to the trust, and deliver copies of the list and agreement to the corporation's principal office. (b) A voting trust becomes effective on the date the first shares subject to the trust are registered in the trustee's name. A voting trust is valid for not more than ten years after its effective date unless extended under subsection (c) of this Code section. (c) All or some of the parties to a voting trust may extend it for additional terms of not more than ten years each by signing an extension agreement and obtaining the voting trustee's written consent to the extension. An extension is valid for ten years from the date the first shareholder signs the extension agreement. The voting trustee must deliver copies of the extension agreement and list of beneficial owners to the corporation's principal office. An extension agreement binds only those parties signing it. 14-2-731. (a) Two or more shareholders may provide for the manner in which their shares will be voted by signing an agreement for that purpose. A voting agreement created under this Code section or under subsection (b), (f), or (g) of Code Section 14-2-920 is not subject to the provisions of Code Section 14-2-730. (b) A voting agreement created under this Code section is specifically enforceable. (c) Except in cases where the shares of the corporation are listed on a national securities exchange or regularly quoted in the markets maintained by securities dealers or

Page 1128

brokers, no written agreement by all the shareholders, whether embodied in the articles of incorporation or bylaws or in any agreement in writing, which relates to any phase of the affairs of the corporation, whether to the management of its business or to the division of its profits or otherwise, shall be invalid as between the shareholders on the ground that it eliminates a board of directors, authorizes director proxies or weighted voting rights for directors, or is an attempt to restrict the discretion or powers of the board of directors in its management of the business of the corporation as if it were a partnership or to arrange the relationships of shareholders in a manner that would be appropriate only between partners. (d) The duration of any agreement permitted by subsection (a) or (c) of this Code section shall not exceed 20 years. Failure to state a period of duration or stating a period of duration in excess of 20 years shall not invalidate the agreement, but in either case the period of duration shall be 20 years. Any such agreement may be renewed for a period not in excess of 20 years from the date of renewal by agreement of all the shareholders bound thereby at the date of renewal. (e) A transferee of shares in a corporation whose shareholders have entered into an agreement authorized by subsection (a) or (c) of this Code section shall be bound by the agreement or any renewal of the agreement authorized by subsection (d) of this Code section if he takes the shares with notice thereof. A transferee shall be deemed to have notice of any agreement or any renewal if the existence thereof is noted on the face or back of the certificates representing his shares. (f) The effect of any agreement authorized by subsection (c) of this Code section or any renewal thereof authorized by subsection (d) of this Code section shall be to relieve the directors and impose upon the shareholders assenting thereto the liability for managerial acts or omissions that is imposed on directors by law, to the extent that and so long as the discretion or powers of the board of directors, in its management of corporate affairs, are controlled by the agreement. (g) To amend an agreement authorized by subsection (c) of this Code section, all of the shareholders must approve

Page 1129

the amendment in writing unless the agreement provides otherwise. (h) Subscribers for shares may act as shareholders with respect to an agreement authorized by this Code section if shares are not issued when the agreement is made. Part 4 14-2-740. As used in this part, the term: (1) `Derivative proceeding' means a civil suit in the right of a domestic corporation or, to the extent provided in Code Section 14-2-747, in the right of a foreign corporation. (2) `Shareholder' includes a beneficial owner whose shares are held in a voting trust or held by a nominee on the owner's behalf. 14-2-741. A person may not commence or maintain a derivative proceeding unless the person: (1) Was a shareholder of the corporation at the time of the act or omission complained of or became a shareholder through transfer by operation of law from one who was a shareholder at that time; and (2) Fairly and adequately represents the interests of the corporation in enforcing the right of the corporation. 14-2-742. A shareholder may not commence a derivative proceeding until: (1) A written demand has been made upon the corporation to take suitable action; and (2) Ninety days have expired from the date the demand was made unless the shareholder has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90 day period. 14-2-743. If the corporation commences an investigation of the allegations made in the demand or complaint, the

Page 1130

court may stay any derivative proceeding for such period as the court deems appropriate. 14-2-744. (a) The court may dismiss a derivative proceeding if, on motion by the corporation, the court finds that one of the groups specified in subsection (b) of this Code section has made a determination in good faith after conducting a reasonable investigation upon which its conclusions are based that the maintenance of the derivative suit is not in the best interests of the corporation. The corporation shall have the burden of proving the independence and good faith of the group making the determination and the reasonableness of the investigation. (b) The determination in subsection (a) of this Code section shall be made by: (1) A majority vote of independent directors present at a meeting of the board of directors if the independent directors constitute a quorum; (2) A majority vote of a committee consisting of two or more independent directors appointed by a majority vote of independent directors present at a meeting of the board of directors, whether or not such independent directors constitute a quorum; or (3) A panel of one or more independent persons appointed by the court upon motion by the corporation. (c) None of the following shall by itself cause a director to be considered not independent for purposes of subsection (b) of this Code section: (1) The nomination or election of the director by directors who are not independent; (2) The naming of the director as a defendant in the derivative proceeding; or (3) The fact that the director approved the action being challenged in the derivative proceeding so long as the director did not receive a personal benefit as a result of the action.

Page 1131

14-2-745. A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the corporation's shareholders or a class of shareholders, the court shall direct that notice be given to the shareholders affected. 14-2-746. On termination of the derivative proceeding the court may: (1) Order the corporation to pay the plaintiff's reasonable expenses (including attorneys' fees) incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or (2) Order the plaintiff to pay any defendant's reasonable expenses (including attorneys' fees) incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose. 14-2-747. In any derivative proceeding in the right of a foreign corporation, the matters covered by this part shall be governed by the laws of the jurisdiction of incorporation of the foreign corporation except for Code Sections 14-2-743 and 14-2-745 and paragraph (2) of Code Section 14-2-746. ARTICLE 8 Part 1 14-2-801. (a) Each corporation must have a board of directors, except as provided in Article 9 of this chapter or in a written agreement meeting the requirements of Code Section 14-2-731. (b) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation, bylaws approved by the shareholders, or agreements among the shareholders which are otherwise lawful. (c) No limitation upon the authority of the directors, whether contained in the articles of incorporation, bylaws,

Page 1132

or an agreement among the shareholders, shall be effective against persons, other than shareholders and directors, who are without actual knowledge of the limitation. 14-2-802. Directors shall be natural persons who are 18 years of age or older but need not be residents of this state nor shareholders of the corporation unless the articles of incorporation so require. The articles of incorporation or bylaws may prescribe additional qualifications for directors. 14-2-803. (a) A board of directors must consist of one or more individuals, with the number specified in or fixed in accordance with the articles of incorporation or bylaws. (b) The articles of incorporation or bylaws may authorize the shareholders or the board of directors to fix or change the number of directors or may establish a variable range for the size of the board of directors by fixing a minimum and maximum number of directors. If a variable range is established, the articles of incorporation or bylaws may provide that the number of directors may be fixed or changed from time to time, within the minimum and maximum, by the shareholders or the board of directors. (c) No decrease in the number or minimum number of directors, through amendment of the articles of incorporation or of the bylaws or otherwise, shall have the effect of shortening the term of any incumbent director. (d) In the case of a corporation having cumulative voting: (1) Any amendment of the bylaws decreasing the number or minimum number of directors must be adopted by the shareholders; and (2) No amendment of either the articles of incorporation or the bylaws decreasing the number or minimum number of directors shall be effective when the number of shares voting against the proposal for decrease would be sufficient to elect a director if voted cumulatively at an annual election. (e) After initial election or appointment pursuant to Code Section 14-2-205, directors are elected at each annual

Page 1133

shareholders' meeting unless their terms are staggered under Code Section 14-2-806. 14-2-804. If the articles of incorporation authorize dividing the shares into classes or series, the articles may also authorize the election of all or a specified number of directors by the holders of one or more authorized classes of shares or series. Each class (or classes) or series of shares entitled to elect one or more directors is a separate voting group for purposes of the election of directors. 14-2-805. (a) The terms of the initial directors of a corporation expire at the first shareholders' meeting at which directors are elected. (b) The terms of all other directors expire at the next annual shareholders' meeting following their election unless their terms are staggered under Code Section 14-2-806. (c) A decrease in the number of directors does not shorten an incumbent director's term. (d) A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of directors may be filled by the board of directors, but only for a term of office continuing until the next election of directors by the shareholders and until the election and qualification of the successor. (e) Despite the expiration of a director's term, he continues to serve until his successor is elected and qualifies or until there is a decrease in the number of directors. 14-2-806. (a) The articles of incorporation or a bylaw adopted by the shareholders may provide for staggering the terms of the directors by dividing the total number of directors into two or three groups, with each group containing one-half or one-third of the total, as near as may be. In that event, the terms of directors in the first group expire at the first annual shareholders' meeting after their election, the terms of the second group expire at the second annual shareholders' meeting after their election, and the terms of

Page 1134

the third group, if any, expire at the third annual shareholders' meeting after their election. At each annual shareholders' meeting held thereafter, directors shall be chosen for a term of two years or three years, as the case may be, to succeed those whose terms expire. (b) If directors have staggered terms and the number of directors is thereafter changed: (1) Any increase or decrease in the number of directors shall be so apportioned among the classes as to make all classes as nearly equal in number as possible; and (2) When the number of directors is increased and any newly created directorships are filled by the board, the terms of the additional directors shall expire at the next election of directors by the shareholders. 14-2-807. (a) A director may resign at any time by delivering written notice to the board of directors, its chairman, or to the corporation. (b) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. 14-2-808. (a) The shareholders may remove one or more directors with or without cause unless the articles of incorporation or a bylaw adopted by the shareholders provides that directors may be removed only for cause. (b) If a director is elected by a voting group of shareholders, only the shareholders of that voting group may participate in the vote to remove him. (c) If cumulative voting is authorized, a director may not be removed if the number of votes sufficient to elect him under cumulative voting is voted against his removal. If cumulative voting is not authorized, a director may be removed only by a majority of the votes entitled to be cast. (d) If the directors have staggered terms as provided in Code Section 14-2-806, directors may be removed only for cause, unless the articles of incorporation or a bylaw adopted by the shareholders provides otherwise.

Page 1135

(e) A director may be removed by the shareholders only at a meeting called for the purpose of removing him and the meeting notice must state that the purpose, or one of the purposes, of the meeting is removal of the director. 14-2-809. Reserved. 14-2-810. (a) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors, including a vacancy resulting from an increase in the number of directors: (1) The shareholders may fill the vacancy; (2) The board of directors may fill the vacancy; or (3) If the directors remaining in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative vote of a majority of all the directors remaining in office. (b) If the vacant office was held by a director elected by a voting group of shareholders, only the holders of shares of that voting group are entitled to vote to fill the vacancy if it is filled by the shareholders. (c) A vacancy that will occur at a specific later date (by reason of a resignation effective at a later date under subsection (b) of Code Section 14-2-807 or otherwise) may be filled before the vacancy occurs but the new director may not take office until the vacancy occurs. 14-2-811. Unless the articles of incorporation or bylaws provide otherwise, the board of directors may fix the compensation of directors. Part 2 14-2-820. (a) The board of directors may hold regular or special meetings in or out of this state. (b) Unless the articles of incorporation or bylaws provide otherwise, the board of directors may permit any or all directors

Page 1136

to participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting. 14-2-821. (a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors' meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more written consents describing the action taken, signed by each director, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. 14-2-822. (a) Unless the articles of incorporation or bylaws provide otherwise, regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting. (b) Unless the articles of incorporation or bylaws provide for a longer or shorter period, special meetings of the board of directors must be preceded by at least two days' notice of the date, time, and place of the meeting. The notice need not describe the purpose of the special meeting unless required by the articles of incorporation or bylaws. 14-2-823. (a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A director's attendance at or participation in a meeting waives any required notice to him of the meeting unless

Page 1137

the director at the beginning of the meeting (or promptly upon his arrival) objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting. 14-2-824. (a) Unless this chapter, the articles of incorporation, or bylaws require a greater number, a quorum of a board of directors consists of: (1) A majority of the fixed number of directors if the corporation has a fixed board size; or (2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a variable-range size board. (b) The articles of incorporation or bylaws may authorize a quorum of a board of directors to consist of no fewer than one-third of the fixed or prescribed number of directors determined under subsection (a) of this Code section. (c) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors unless this chapter, the articles of incorporation, or bylaws require the vote of a greater number of directors. (d) A director who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless: (1) He objects at the beginning of the meeting (or promptly upon his arrival) to holding it or transacting business at the meeting; (2) His dissent or abstention from the action taken is entered in the minutes of the meeting; or (3) He delivers written notice of his dissent or abstention to the presiding officer of the meeting before its adjournment or to the corporation immediately after adjournment of the meeting.

Page 1138

The right of dissent or abstention is not available to a director who votes in favor of the action taken. 14-2-825. (a) Unless the articles of incorporation or bylaws provide otherwise, a board of directors may create one or more committees and appoint members of the board of directors to serve on them. Each committee may have one or more members, who serve at the pleasure of the board of directors. (b) Code Sections 14-2-820 through 14-2-824, which govern meetings, action without meetings, notice and waiver of notice, and quorum and voting requirements of the board of directors, apply to committees and their members as well. (c) To the extent specified by the board of directors or in the articles of incorporation or bylaws, each committee may exercise the authority of the board of directors under Code Section 14-2-801. (d) A committee may not, however: (1) Approve or propose to shareholders action that this chapter requires to be approved by shareholders; (2) Fill vacancies on the board of directors or on any of its committees; (3) Amend articles of incorporation pursuant to Code Section 14-2-1002. (4) Adopt, amend, or repeal bylaws; or (5) Approve a plan of merger not requiring shareholder approval. (e) The creation of, delegation of authority to, or action by a committee does not alone constitute compliance by a director with the standards of conduct described in Code Section 14-2-830. Part 3 14-2-830. (a) A director shall discharge his duties as a director, including his duties as a member of a committee:

Page 1139

(1) In a manner he believes in good faith to be in the best interests of the corporation; and (2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In discharging his duties a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; (2) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (3) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (c) In the instances described in subsection (b) of this Code section, a director is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) of this Code section unwarranted. (d) A director is not liable to the corporation or to its shareholders for any action taken as a director, or any failure to take any action, if he performed the duties of his office in compliance with this Code section. 14-2-831. (a) A director who votes for or assents to a distribution made in violation of Code Section 14-2-640 or the articles of incorporation is personally liable to the corporation for the amount of the distribution that exceeds what could have been distributed without violating Code Section 14-2-640 or the articles of incorporation if it is established that he did not perform his duties in compliance with Code

Page 1140

Section 14-2-830. In any proceeding commenced under this Code section, a director has all of the defenses ordinarily available to a director. (b) A director held liable under subsection (a) of this Code section for an unlawful distribution is entitled to contribution: (1) From every other director who could be held liable under subsection (a) of this Code section for the unlawful distribution; and (2) From each shareholder for the amount the shareholder accepted knowing the distribution was made in violation of Code Section 14-2-640 or the articles of incorporation. (c) A proceeding under this Code section is barred unless it is commenced within two years after the date on which the effect of the distribution was measured under subsection (e) or (g) of Code Section 14-2-640. Part 4 14-2-840 (a) A corporation has the officers described in its bylaws or appointed by the board of directors in accordance with the bylaws. (b) A duly appointed officer may appoint one or more officers or assistant officers if authorized by the bylaws or the board of directors. (c) The bylaws or the board of directors shall delegate to one of the officers responsibility for preparing minutes of the directors' and shareholders' meetings and for authenticating records of the corporation. (d) The same individual may simultaneously hold more than one office in a corporation. 14-2-841. Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board

Page 1141

of directors or by direction of an officer authorized by the board of directors to prescribe the duties of other officers. 14-2-842. (a) An officer with discretionary authority shall discharge his duties under that authority: (1) In a manner he believes in good faith to be in the best interests of the corporation; and (2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In discharging his duties an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (2) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (c) In the instances described in subsection (b) of this Code section, an officer is not entitled to rely if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) of this Code section unwarranted. (d) An officer is not liable to the corporation or to its shareholders for any action taken as an officer, or any failure to take any action, if he performed the duties of his office in compliance with this Code section. 14-2-843. (a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. (b) A board of directors may remove any officer at any time with or without cause.

Page 1142

14-2-844. (a) The appointment of an officer does not itself create contract rights. (b) An officer's removal does not affect the officer's contract rights, if any, with the corporation. An officer's resignation does not affect the corporation's contract rights, if any, with the officer. Part 5 14-2-850. As used in this part, the term: (1) `Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. (2) `Director' means an individual who is or was a director of a corporation or an individual who, while a director of a corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise. A director is considered to be serving an employee benefit plan at the corporation's request if his duties to the corporation also impose duties on, or otherwise involve services by, him to the plan or to participants in or beneficiaries of the plan. Director includes, unless the context requires otherwise, the estate or personal representative of a director. (3) `Expenses' include attorneys' fees. (4) `Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding. (5) `Party' includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. (6) `Proceeding' means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal,

Page 1143

administrative, or investigative and whether formal or informal. 14-2-851. (a) Except as provided in subsections (d) and (e) of this Code section, a corporation may indemnify or obligate itself to indemnify an individual made a party to a proceeding because he is or was a director against liability incurred in the proceeding if he acted in a manner he believed in good faith to be in or not opposed to the best interests of the corporation and, in the case of any criminal proceeding, he had no reasonable cause to believe his conduct was unlawful. (b) A director's conduct with respect to an employee benefit plan for a purpose he believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subsection (a) of this Code section. (c) The termination of a proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct set forth in subsection (a) of this Code section. (d) A corporation may not indemnify a director under this Code section: (1) In connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or (2) In connection with any other proceeding in which he was adjudged liable on the basis that personal benefit was improperly received by him. (e) Indemnification permitted under this Code section in connection with a proceeding by or in the right of the corporation is limited to reasonable expenses incurred in connection with the proceeding. 14-2-852. Unless limited by its articles of incorporation, to the extent that a director has been successful, on the

Page 1144

merits or otherwise, in the defense of any proceeding to which he was a party, or in defense of any claim, issue, or matter therein, because he is or was a director of the corporation, the corporation shall indemnify the director against reasonable expenses incurred by him in connection therewith. 14-2-853. (a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if: (1) The director furnishes the corporation a wirtten affirmation of his good faith belief that he has met the standard of conduct set forth in subsection (a) of Code Section 14-2-851; and (2) The director furnishes the corporation a written undertaking, executed personally or on his behalf, to repay any advances if it is ultimately determined that he is not entitled to indemnification under this part. (b) The undertaking required by paragraph (2) of subsection (a) of this Code section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment. 14-2-854. Unless a corporation's articles of incorporation provide otherwise, a director of the corporation who is a party to a proceeding may apply for indemnification or advances for expenses to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order indemnification or advances for expenses if it determines: (1) The director is entitled to mandatory indemnification under Code Section 14-2-852, in which case the court shall also order the corporation to pay the director's reasonable expenses incurred to obtain court ordered indemnification; (2) The director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances,

Page 1145

whether or not he met the standard conduct set forth in subsection (a) of Code Section 14-2-851 or was adjudged liable as described in subsection (d) of Code Section 14-2-851, but if he was adjudged so liable his indemnification is limited to reasonable expenses incurred unless the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the shareholders pursuant to Code Section 14-2-856 provides otherwise; or (3) In the case of advances for expenses, the director is entitled, pursuant to the articles of incorporation, bylaws, or any applicable resolution or agreement, to payment or reimbursement of his reasonable expenses incurred as a party to a proceeding in advance of final disposition of the proceeding. 14-2-855. (a) A corporation may not indemnify a director under Code Section 14-2-851 unless authorized thereunder and a determination has been made in the specific case that indemnification of the director is permissible in the circumstances because he has met the standard of conduct set forth in subsection (a) of Code Section 14-2-851. (b) The determination shall be made: (1) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding; (2) If a quorum cannot be obtained under paragraph (1) of this subsection, by majority vote of a committee duly designated by the board of directors (in which designation directors who are parties may participate), consisting solely of two or more directors not at the time parties to the proceeding; (3) By special legal counsel: (A) Selected by the board of directors or its committee in the manner prescribed in paragraph (1) or (2) of this subsection; or (B) If a quorum of the board of directors cannot be obtained under paragraph (1) of this subsection

Page 1146

and a committee cannot be designated under paragraph (2) of this subsection, selected by majority vote of the full board of directors (in which selection directors who are parties may participate); or (4) By the shareholders, but shares owned by or voted under the control of directors who are at the time parties to the proceeding may not be voted on the determination. (c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph (3) of subsection (b) of this Code section to select counsel. 14-2-856. If authorized by the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the shareholders by a majority of the votes entitled to be cast, a corporation may indemnify or obligate itself to indemnify a director made a party to a proceeding, or obligate itself to advance or reimburse expenses incurred in a proceeding, including a proceeding brought by or in the right of the corporation, without regard to the limitations in other Code sections of this part; provided, however, that the corporation shall not indemnify a director under this Code section for any liability incurred in a proceeding in which the director is adjudged liable to the corporation or is subjected to injunctive relief in favor of the corporation: (1) For any appropriation, in violation of his duties, of any business opportunity of the corporation; (2) For acts or omissions which involve intentional misconduct or a knowing violation of law; (3) For the types of liability set forth in Code Section 14-2-831; or (4) For any transaction from which he received an improper personal benefit.

Page 1147

14-2-857. Unless a corporation's articles of incorporation provide otherwise: (1) An officer of the corporation who is not a director is entitled to mandatory indemnification under Code Section 14-2-852 and is entitled to apply for court ordered indemnification under Code Section 14-2-854, in each case to the same extent as a director; (2) A corporation may also indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract. 14-2-858. A corporation may purchase and maintain insurance on behalf of an individual who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise against liability asserted against or incurred by him in that capacity or arising from his status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify him against the same liability under Code Section 14-2-851 or Code Section 14-2-852. 14-2-859. (a) A provision treating a corporation's indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of its shareholders or board of directors, or in a contract or otherwise, is valid only if and to the extent the provision is consistent with this part. If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles. (b) This part does not limit a corporation's power to pay or reimburse expenses incurred by a director in connection with his appearance as a witness in a proceeding at a

Page 1148

time when he has not been made a named defendant or respondent to the proceeding. Part 6 14-2-860. As used in this part, the term: (1) `Conflicting interest' with respect to a corporation means the interest a director of the corporation has respecting a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) if: (A) Whether or not the transaction is brought before the board of directors of the corporation for action, to the knowledge of the director at the time of commitment he or a related person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of such financial significance to the director or a related person that it would reasonably be expected to exert an influence on the director's judgment if he were called upon to vote on the transaction; or (B) The transaction is brought (or is of such character and significance to the corporation that it would in the normal course be brought) before the board of directors of the corporation for action, and to the knowledge of the director at the time of commitment any of the following persons is either a party to the transaction or has a beneficial financial interest so closely linked to the transaction and of such financial significance to that person that it would reasonably be expected to exert an influence on the director's judgment if he were called upon to vote on the transaction: an entity (other than the corporation) of which the director is a director, general partner, agent or employee; an entity that controls, is controlled by, or is under common control with one or more of the entities specified in the preceding clause; or an individual who is a general partner, principal, or employer of the director.

Page 1149

(2) `Director's conflicting interest transaction' with respect to a corporation means a transaction effected or proposed to be effected by the corporation (or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest) respecting which a director of the corporation has a conflicting interest. (3) `Related person' of a director means: (A) A child, grandchild, sibling, parent, or spouse of, or an individual occupying the same household as, the director, or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or (B) A trust, estate, incompetent, conservatee, or minor of which the director is a fiduciary. (4) `Required disclosure' means disclosure by the director who has a conflicting interest of (A) the existence and nature of his conflicting interest, and (B) all facts known to him respecting the subject matter of the transaction that an ordinarily prudent person would reasonably believe to be material to a judgment as to whether or not to proceed with the transaction. (5) `Time of commitment' respecting a transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the corporation (or its subsidiary or the entity in which it has a controlling interest) becomes contractually obligated so that its unilateral withdrawal from the transaction would entail significant loss, liability, or other damage. 14-2-861. (a) A transaction effected or proposed to be effected by a corporation (or by a subsidiary of the corporation or by any other entity in which the corporation has a controlling interest) that is not a director's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a shareholder or by or in the right of the corporation, on the ground of an interest in the transaction of a director or any person with whom or which he has a personal, economic, or other association.

Page 1150

(b) A director's conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or other sanctions, in an action by a shareholder or by or in the right of the corporation, on the ground of an interest in the transaction of the director or any person with whom or which he has a personal, economic, or other association, if: (1) Directors' action respecting the transaction was at any time taken in compliance with Code Section 14-2-862; (2) Shareholders' action respecting the transaction was at any time taken in compliance with Code Section 14-2-863; (3) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the corporation; or (4) The transaction pertained to the compensation, or the reimbursement of expenses, of one or more directors unless the transaction, judged in the circumstances at the time of commitment, is established to have been unfair to the corporation. 14-2-862. (a) Directors' action respecting a transaction is effective for purposes of paragraph (1) of subsection (b) of Code Section 14-2-861 if the transaction received the affirmative vote of a majority (but not less than two) of those qualified directors on the board of directors or on a duly empowered committee thereof who voted on the transaction after either required disclosure to them (to the extent the information was not known by them) or compliance with subsection (b) of this Code section. (b) If a director has a conflicting interest respecting a transaction, but neither he nor a related person of the director specified in subparagraph (A) of paragraph (3) of Code Section 14-2-860 is a party thereto, and if the director has a duty under law or professional canon, or a duty of confidentiality to another person, respecting information relating to the transaction such that the director cannot, consistent with

Page 1151

that duty, make the disclosure contemplated by subparagraph (B) of paragraph (4) of Code Section 14-2-860, then disclosure is sufficient for purposes of subsection (a) of this Code section if the director: (1) Discloses to the directors voting on the transaction the existence and nature of his conflicting interest and informs them of the character of and limitations imposed by that duty prior to their vote on the transaction; and (2) Plays no part, directly or indirectly, in their deliberations or vote. (c) A majority (but not less than two) of all the qualified directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that complies with this Code section. Directors' action that otherwise complies with this Code section is not affected by the presence or vote of a director who is not a qualified director. (d) For purposes of this Code section, `qualified director' means, with respect to a director's conflicting interest transaction, any director who does not have either (1) a conflicting interest respecting the transaction or (2) a familial, financial, professional, or employment relationship with a second director who does have a conflicting interest respecting the transaction, which relationship would, in the circumstances, reasonably be expected to exert an influence on the first director's judgment when voting on the transaction. 14-2-863. (a) Shareholders' action respecting a transaction is effective for purposes of paragraph (2) of subsection (b) of Code Section 14-2-861 if a majority of the votes entitled to be cast by the holders of all qualified shares were cast in favor of the transaction after (1) notice to shareholders describing the director's conflicting interest transaction, (2) provision of the information referred to in subsection (d) of this Code section, and (3) required disclosure to the shareholders who voted on the transaction (to the extent the information was not known by them). (b) For purposes of this Code section, `qualified shares' means any shares entitled to vote with respect to a director's

Page 1152

conflicting interest transaction except shares that, to the knowledge, before the vote, of the secretary (or other officer or agent of the corporation authorized to tabulate votes) are beneficially owned (or the voting of which is controlled) by a director who has a conflicting interest respecting the transaction or by a related person of the director, or both. (c) A majority of the votes entitled to be cast by the holders of all qualified shares constitutes a quorum for purposes of action that complies with this Code section. Subject to the provisions of subsection (d) of this Code section, shareholders' action that otherwise complies with this Code section is not affected by the presence of holders, or the voting, of shares that are not qualified shares. (d) For purposes of compliance with subsection (a) of this Code section, a director who has a conflicting interest respecting the transaction shall, before the shareholders' vote, inform the secretary (or other officer or agent of the corporation authorized to tabulate votes) of the number, and the identity of persons holding or controlling the vote, of all shares that to the knowledge of the director are beneficially owned (or the voting of which is controlled) by the director or by a related person of the director, or both. (e) If a shareholders' vote does not comply with subsection (a) of this Code section solely because of a failure of a director to comply with subsection (d) of this Code section, and if the director establishes that his failure did not determine and was not intended by him to influence the outcome of the vote, the court may, with or without further proceedings respecting paragraph (3) of subsection (b) of Code Section 14-2-861, take such action respecting the transaction and the director, and give such effect, if any, to the shareholders' vote, as it considers appropriate in the circumstances. ARTICLE 9 Part 1 14-2-901. (a) This chapter applies to statutory close corporations to the extent not inconsistent with the provisions of this article. (b) This article applies to a professional corporation organized under Chapter 7 of this title, known as the `Georgia

Page 1153

Professional Corporation Act,' whose articles of incorporation contain the statement required by Code Section 14-7-3, except insofar as the `Georgia Professional Corporation Act' contains inconsistent provisions. (c) This article does not repeal or modify any statute or rule of law that is or would apply to a corporation that is organized under this chapter or Chapter 7 of this title, known as the `Georgia Professional Corporation Act' and that does not elect to become a statutory close corporation under Code Section 14-2-902. 14-2-902. (a) A statutory close corporation is a corporation whose articles of incorporation contain a statement that the corporation is a staturory close corporation. (b) A corporation having 50 or fewer shareholders may become a statutory close corporation by amending its articles of incorporation to include the statement required by subsection (a) of this Code section. The amendment must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. If the amendment is adopted, a shareholder who voted against the amendment is entitled to assert dissenters' rights under Article 13 of this chapter. Part 2 14-2-910. (a) The following statement must appear conspicuously on each share certificate issued by a statutory close corporation: `The rights of shareholders in a statutory close corporation may differ materially from the rights of shareholders in other corporations. Copies of the articles of incorporation and bylaws, shareholders' agreements, and other documents, any of which may restrict transfers and affect voting and other rights, may be obtained by a shareholder on written request to the corporation.' (b) Within a reasonable time after the issuance or transfer of uncertified shares, the corporation shall send to

Page 1154

the shareholders a written notice containing the information required by subsection (a) of this Code section. (c) The notice required by this Code section satisfies all requirements of this article and of Code Section 14-2-627 that notice of share transfer restrictions be given. (d) A person claiming an interest in shares of a statutory close corporation which has complied with the notice requirement of this Code section is bound by the documents referred to in the notice. Any document referred to in subsection (a) of this Code section, whether or not referred to on the share certificate in the manner required by this Code section, is enforceable against a person with knowledge of the document. (e) A corporation shall provide to any shareholder upon his written request and without charge copies of provisions that restrict transfer or affect voting or other rights of shareholders appearing in articles of incorporation, bylaws, or shareholders' or voting trust agreements filed with the corporation. 14-2-911. (a) An interest in shares of a statutory close corporation may not be voluntarily or involuntarily transferred, by operation of law or otherwise, except to the extent permitted by the articles of incorporation or under Code Section 14-2-912. (b) Except to the extent the articles of incorporation provide otherwise, this Code section does not apply to a transfer: (1) To the corporation or to any other holder of the same class or series of shares; (2) To members of the shareholder's immediate family (or to a trust, all of whose beneficiaries are members of the shareholder's immediate family), which immediate family consists of his spouse, parents, lineal descendants (including adopted children and stepchildren), and the spouse of any lineal descendant, and brothers and sisters; (3) That has been approved in writing by all of the holders of the corporation's shares having general voting rights;

Page 1155

(4) To an executor or administrator upon the death of a shareholder or to a trustee or receiver as the result of a bankruptcy, insolvency, dissolution, or similar proceeding brought by or against a shareholder; (5) By merger or share exchange under Article 11 of this chapter or an exchange of existing shares for other shares of a different class or series of the corporation; (6) By a pledge as collateral for a loan that does not grant the pledgee any voting rights possessed by the pledgor; or (7) Made after termination of the corporation's status as a statutory close corporation. 14-2-912. (a) A person desiring to transfer shares of a statutory close corporation subject to the transfer prohibition of Code Section 14-2-911 must first offer them to the corporation by obtaining an offer to purchase the shares for cash from a third person who is eligible to purchase the shares under subsection (b) of this Code section. The offer by the third person must be in writing and state the offeror's name and address, the number and class (or series) of shares offered, the offering price per share, and the other terms of the offer. (b) A third person is eligible to purchase the shares if: (1) He is eligible to become a qualified shareholder under any federal or state tax statute the corporation has adopted and he agrees in writing not to terminate his qualification without the approval of the remaining shareholders; and (2) His purchase of the shares will not impose a personal holding company tax or similar federal or state penalty tax on the corporation. (c) The person desiring to transfer shares shall deliver the offer to the corporation and by doing so offers to sell the shares to the corporation on the terms of the offer. Within

Page 1156

20 days after the corporation receives the offer, the corporation shall call a special shareholders' meeting, to be held not more than 40 days after the call, to decide whether the corporation should purchase all (but not less than all) of the offered shares. The offer must be approved by the affirmative vote of the holders of a majority of votes entitled to be cast at the meeting, excluding votes in respect of the shares covered by the offer. (d) The corporation must deliver to the offering shareholder written notice of acceptance within 75 days after receiving the offer or the offer is rejected. If the corporation makes a counteroffer, the shareholder must deliver to the corporation written notice of acceptance within 15 days after receiving the counteroffer or the counteroffer is rejected. If the corporation accepts the original offer or the shareholder accepts the corporation's counteroffer, the shareholder shall deliver to the corporation duly endorsed certificates for the shares, or instruct the corporation in writing to transfer the shares if uncertificated, within 20 days after the effective date of the notice of acceptance. The corporation may specifically enforce the shareholder's delivery or instruction obligation under this subsection. (e) A corporation accepting an offer to purchase the shares under this Code section may allocate some or all of the shares pro rata to those of its shareholders who desire to purchase the shares or to other persons unless all of the shareholders who desire to purchase approve a different allocation to the shareholders. If the corporation has more than one class (or series) of shares, however, the remaining holders of the class (or series) of shares being purchased are entitled to a first option to purchase the shares not purchased by the corporation in proportion to their shareholdings or in some other proportion agreed to by all the shareholders participating in the purchase. (f) If an offer to purchase shares under this Code section is rejected, the offering shareholder, for a period of 120 days after the corporation received his offer, is entitled to transfer to the third-person offeror all (but not less than all) of the offered shares in accordance with the terms of his offer to the corporation.

Page 1157

14-2-913. (a) An attempt to transfer shares in a statutory close corporation in violation of a prohibition against transfer binding on the transferee is ineffective. (b) An attempt to transfer shares in a statutory close corporation in violation of a prohibition against transfer that is not binding on the transferee, either because the notice required by Code Section 14-2-910 was not given or because the prohibition is held unenforceable by a court, gives the corporation an option to purchase the shares from the transferee for the same price and on the same terms that he purchased them; provided, however, that in the case of a gift, the purchase shall be at a price and upon terms which are agreed upon by the parties, or if no agreement is reached, then at the fair value of the shares and upon terms as determined by a court in accordance with standards set forth in Code Section 14-2-942. To exercise its option, the corporation must give the transferee written notice within 30 days after they are presented for registration in the transferee's name. The corporation may specifically enforce the transferee's sale obligation upon exercise of its purchase option. 14-2-914. (a) This Code section and Code Sections 14-2-915 through 14-2-917 apply to a statutory close corporation only if so provided in its articles of incorporation. If these Code sections apply, the executor or administrator of the estate of a deceased shareholder may require the corporation to purchase or cause to be purchased all (but not less than all) of the decedent's shares or to be dissolved. (b) The provisions of Code Sections 14-2-915 through 14-2-917 may be modified only if the modification is set forth or referred to in the articles of incorporation. (c) An amendment to the articles of incorporation to provide for application of Code Sections 14-2-915 through 14-2-917, or to modify or delete the provisions of these Code sections, must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the statutory close corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. If the corporation has no shareholders when the amendment is proposed, it must be approved by at least two-thirds of

Page 1158

the subscribers for shares, if any, or, if none, by all of the incorporators. (d) A shareholder who votes against an amendment to modify or delete the provisions of Code Sections 14-2-915 through 14-2-917 is entitled to dissenters' rights under Article 13 of this chapter if the amendment upon adoption terminates or substantially alters his existing rights under these Code sections to have his shares purchased. (e) A shareholder may waive his and his estate's rights under Code Sections 14-2-915 through 14-2-917 by a signed writing. (f) Code Sections 14-2-915 through 14-2-917 do not prohibit any other agreement providing for the purchase of shares upon a shareholder's death, nor do they prevent a shareholder from enforcing any remedy he has independently of these Code sections. 14-2-915. (a) A person entitled and desiring to exercise the compulsory purchase right described in Code Section 14-2-914 must deliver a written notice to the corporation, within 120 days after the death of the shareholder, describing the number and class or series of shares beneficially owned by the decedent and requesting that the corporation offer to purchase the shares. (b) Within 20 days after the effective date of the notice, the corporation shall call a special shareholders' meeting, to be held not more than 40 days after the call, to decide whether the corporation should offer to purchase the shares. A purchase offer must be approved by the affirmative vote of the holders of a majority of votes entitled to be cast at the meeting, excluding voters in respect of the shares covered by the notice. (c) The corporation must deliver a purchase offer to the person requesting it within 75 days after the effective date of the request notice. A purchase offer must be accompanied by the corporation's balance sheet as of the end of a fiscal year ending not more than 16 months before the effective date of the request notice, an income statement for that

Page 1159

year, a statement of changes in shareholders' equity for that year, and the latest available interim financial statements, if any. The person must accept the purchase offer in writing within 15 days after receiving it or the offer is rejected. (d) A corporation agreeing to purchase shares under this Code section may allocate some or all of the shares pro rata to those of its shareholders who desire to purchase the shares unless all of the shareholders who desire to purchase approve a different allocation to the shareholders or to other persons. If the corporation has more than one class or series of shares, however, the remaining holders of the class or series of shares being purchased are entitled to a first option to purchase the shares not purchased by the corporation in proportion to their shareholdings or in some other proportion agreed to by all the shareholders entitled to participate in the purchase. (e) If price and other terms of a compulsory purchase of shares are fixed or are to be determined by the articles of incorporation, bylaws, or a written agreement, the price and terms so fixed or determined govern the compulsory purchase unless the purchaser defaults, in which event the buyer is entitled to commence a proceeding for dissolution under Code Section 14-2-916. 14-2-916. (a) If an offer to purchase shares made under Code Section 14-2-915 is rejected, or if no offer is made, the person exercising the compulsory purchase right may commence a proceeding against the corporation to compel the purchase in the superior court of the county where the corporation's registered office is located. The corporation at its expense shall notify in writing all of its shareholders, and any other person the court directs, of the commencement of the proceeding. The jurisdiction of the court in which the proceeding is commenced under this subsection is plenary and exclusive. (b) The court shall determine the fair value of the shares subject to compulsory purchase in accordance with standards set forth in Code Section 14-2-942 together with terms for the purchase. Upon making these determinations the court shall order the corporation to purchase or cause the purchase

Page 1160

of the shares or empower the person exercising the compulsory purchase right to have the corporation dissolved. (c) After the purchase order is entered, the corporation may petition the court to modify the terms of purchase and the court may do so if it finds that changes in the financial or legal ability of the corporation or other purchaser to complete the purchase justify a modification. (d) If the corporation or other purchaser does not make a payment required by the court's order within 30 days of its due date, the seller may petition the court to dissolve the corporation and, absent a showing of good cause for not making the payment, the court shall do so. (e) A person making a payment to prevent or cure a default by the corporation or other purchaser is entitled to recover the payment from the defaulter. 14-2-917. (a) The court in a proceeding commenced under Code Section 14-2-916 shall determine the total costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court and of attorneys and experts employed by the parties. Except as provided in subsection (b) of this Code section, the court shall assess these costs equally against the corporation and the party exercising the compulsory purchase right. (b) The court may assess all or a portion of the total costs of the proceedings: (1) Against the person exercising the compulsory purchase right if the court finds that the fair value of the shares does not substantially exceed the corporation's last purchase offer made before commencement of the proceeding and that the person's failure to accept the offer was arbitrary, vexatious, or otherwise not in good faith; or (2) Against the corporation if the court finds that the fair value of the shares substantially exceeds the corporation's last sale offer made before commencement of the proceeding and that the offer was arbitrary, vexatious, or otherwise not made in good faith.

Page 1161

Part 3 14-2-920. (a) All the shareholders of a statutory close corporation may agree in writing to regulate the exercise of the corporate powers and the management of the business and affairs of the corporation or the relationship among the shareholders of the corporation. (b) An agreement authorized by this Code section is effective although: (1) It eliminates a board of directors; (2) It restricts the discretion or powers of the board or authorizes director proxies or weighted voting rights; (3) Its effect is to treat the corporation as a partnership; or (4) It creates a relationship among the shareholders or between the shareholders and the corporation that would otherwise be appropriate only among partners. (c) If the corporation has a board of directors, an agreement authorized by this Code section restricting the discretion or powers of the board relieves directors of liability imposed by law, and imposes that liability on each person in whom the board's discretion or power is vested, to the extent that the discretion or powers of the board of directors are governed by the agreement. (d) A provision eliminating a board of directors in an agreement authorized by this Code section is not effective unless the articles of incorporation or bylaws approved by shareholders or an agreement among all the shareholders contains a statement to that effect as required by Code Section 14-2-922. (e) A provision entitling one or more shareholders to dissolve the corporation under Code Section 14-2-933 is effective only if a statement of this right is contained in the articles of incorporation. (f) To amend an agreement authorized by this Code section, all the shareholders must approve the amendment in writing unless the agreement provides otherwise.

Page 1162

(g) Subscribers for shares may act as shareholders with respect to an agreement authorized by this Code section if shares are not issued when the agreement is made. (h) If the articles of incorporation provide that directors elected by the holders of a class or series of shares shall have more or less than one vote per director on any matter, every reference in this chapter to a majority or other proportion of directors shall refer to a majority or other proportion of the votes of such directors. (i) This Code section does not prohibit any other agreement between or among shareholders in a statutory close corporation. 14-2-921. The articles of incorporation of a statutory close corporation may confer upon holders of any class or series of shares the right to elect one or more directors who shall serve for such term and have such voting powers as shall be stated in the articles of incorporation. The terms of office and voting powers of the directors elected in the manner so provided in the articles of incorporation may be greater than or less than those of any other director or class of directors. 14-2-922. (a) A statutory close corporation may operate without a board of directors if its articles of incorporation, bylaws approved by the shareholders, or agreements between the shareholders that are otherwise lawful contain a statement to that effect. (b) An amendment to articles of incorporation, bylaws approved by the shareholders, or an agreement between the shareholders eliminating a board of directors must be approved by all the shareholders of the corporation, whether or not otherwise entitled to vote on amendments, or if no shares have been issued, by all the subscribers for shares, if any, or if none, by all the incorporators. (c) While a corporation is operating without a board of directors as authorized by subsection (a) of this Code section: (1) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the

Page 1163

corporation managed under the direction of, the shareholders; (2) Unless the articles of incorporation provide otherwise: (A) Action requiring director approval or both director and shareholder approval is authorized if approved by the shareholders; and (B) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of the votes of shareholders entitled to vote on the action; (3) Those shareholders in whom the discretion or the powers of the board are vested are liable for the liability imposed by law upon directors; (4) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a statutory close corporation without a board of directors and that the action was approved by the shareholders; and (5) The shareholders by resolution may appoint one or more shareholders to sign documents as `designated directors.' (d) An amendment to articles of incorporation, bylaws approved by the shareholders, or an agreement between the shareholders deleting the statement eliminating a board of directors must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote on amendments. The amendment must also specify the number, names, and addresses of the corporation's directors or describe who will perform the duties of a board under Code Section 14-2-801. 14-2-923. (a) A statutory close corporation need not adopt bylaws if provisions required by law to be contained

Page 1164

in bylaws are contained in either the articles of incorporation or a shareholder agreement authorized by Code Section 14-2-920. (b) If a corporation does not have bylaws when its statutory close corporation status terminates under Code Section 14-2-931, the corporation shall immediately adopt bylaws under Code Section 14-2-206. 14-2-924. (a) The annual meeting date for a statutory close corporation is the first business day after the thirty-first day of May unless its articles of incorporation, bylaws, or a shareholder agreement authorized by Code Section 14-2-920 fixes a different date. (b) A statutory close corporation need not hold an annual meeting unless one or more shareholders deliver written notice to the corporation requesting a meeting at least 30 days before the meeting date determined under subsection (a) of this Code section. 14-2-925. Notwithstanding any law to the contrary, an individual who holds more than one office in a statutory close corporation may execute, acknowledge, or verify in more than one capacity any document required to be executed, acknowledged, or verified by the holders of two or more offices. 14-2-926. The failure of a statutory close corporation to observe the usual corporate formalities or requirements relating to the exercise of its corporate powers or management of its business and affairs is not a ground for imposing personal liability on the shareholders for liabilities of the corporation. Part 4 14-2-930. (a) A plan of merger or share exchange: (1) That if effected would terminate statutory close corporation status must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the statutory close corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan; or

Page 1165

(2) That if effected would create the surviving corporation as a statutory close corporation must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the surviving corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan. (b) A sale, lease, exchange, or other disposition of all or substantially all of the property (with or without the good will) of a statutory close corporation that requires approval of the shareholders pursuant to Code Section 14-2-1202 must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the transaction. 14-2-931. (a) A statutory close corporation may terminate its statutory close corporation status by amending its articles of incorporation to delete the statement that it is a statutory close corporation. If the statutory close corporation has elected to operate without a board of directors under Code Section 14-2-922, the amendment must either comply with Code Section 14-2-801 or delete the statement dispensing with the board of directors from its articles of incorporation. (b) An amendment terminating statutory close corporation status must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on amendments. (c) If an amendment to terminate statutory close corporation status is adopted, each shareholder who voted against the amendment is entitled to assert dissenters' rights under Article 13 of this chapter. 14-2-932. (a) A corporation that terminates its status as a statutory close corporation is thereafter subject to all provisions of this chapter or, if incorporated under Chapter 7 of this title, known as the `Georgia Professional Corporation Act,' to all provisions of that chapter. (b) Termination of statutory close corporation status does not affect any right of a shareholder or of the corporation

Page 1166

under an agreement or the articles of incorporation unless this article, this chapter, or another law of this state invalidates the right. 14-2-933. (a) The articles of incorporation, bylaws adopted by the shareholders, or an agreement among all the shareholders of a statutory close corporation may authorize one or more shareholders, or the holders of a specified number or percentage of shares of any class or series, to dissolve the corporation at will or upon the occurrence of a specified event or contingency. The shareholder or shareholders exercising this authority must give written notice of the intent to dissolve to all the other shareholders. Thirty-one days after the effective date of the notice, the corporation shall begin to wind up and liquidate its business and affairs and begin dissolution proceedings under Code Sections 14-2-1403 through 14-2-1407. (b) Unless the articles of incorporation provide otherwise, an amendment to the articles of incorporation to add, change, or delete the authority to dissolve described in subsection (a) of this Code section must be approved by the holders of all the outstanding shares, whether or not otherwise entitled to vote on amendments, or, if no shares have been issued, by all the subscribers for shares, if any, or, if none, by all the incorporators. Part 5 14-2-940. (a) Subject to satisfying the conditions of subsections (c) and (d) of this Code section, a shareholder of a statutory close corporation may petition the superior court for any of the relief described in Code Section 14-2-941, 14-2-942, or 14-2-943 if: (1) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, oppressive, fraudulent, or unfairly prejudicial to the petitioner, whether in his capacity as shareholder, director, or officer of the corporation; (2) The directors or those in control of the corporation are deadlocked in the management of the corporation's

Page 1167

affairs, the shareholders are unable to break the deadlock, and the corporation is suffering or will suffer irreparable injury or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally because of the deadlock; or (3) There exists one or more grounds for judicial dissolution of the corporation under Code Section 14-2-1430. (b) A shareholder must commence a proceeding under subsection (a) of this Code section in the superior court of the county where the corporation's principal office (or, if none in this state, its registered office) is located. The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive. (c) If a shareholder has agreed in writing to pursue a nonjudicial remedy to resolve disputed matters, he may not commence a proceeding under this Code section with respect to the matters until he has exhausted the nonjudicial remedy. (d) If a shareholder has dissenters' rights under this article or Article 13 of this chapter with respect to proposed corporate action, he must commence a proceeding under this Code section before he is required to give notice of his intent to demand payment under Code Section 14-2-1321 or to demand payment under Code Section 14-2-1323 or the proceeding is barred. (e) Except as provided in subsections (c) and (d) of this Code section, a shareholder's right to commence a proceeding under this Code section and the remedies available under Code Sections 14-2-941 through 14-2-943 are in addition to any other right or remedy he may have. 14-2-941. (a) If the court finds that one or more of the grounds for relief described in subsection (a) of Code Section 14-2-940 exist, it may order one or more of the following types of relief: (1) The performance, prohibition, alteration, or setting aside of any action of the corporation or of its shareholders,

Page 1168

directors, or officers of or any other party to the proceeding; (2) The cancellation or alteration of any provision in the corporation's articles of incorporation or bylaws; (3) The removal from office of any director or officer; (4) The appointment of any individual as a director or officer; (5) An accounting with respect to any matter in dispute; (6) The appointment of a custodian to manage the business and affairs of the corporation; (7) The appointment of a provisional director (who has all the rights, powers, and duties of a duly elected director) to serve for the term and under the conditions prescribed by the court; (8) The payment of dividends; (9) The award of damages to any aggrieved party. (b) If the court finds that a party to the proceeding acted arbitrarily, vexatiously, or otherwise not in good faith, it may award one or more other parties their reasonable expenses, including attorneys' fees and the expenses of appraisers or other experts, incurred in the proceeding. 14-2-942. (a) If the court finds that the ordinary relief described in subsection (a) of Code Section 14-2-941 is or would be inadequate or inappropriate, it may order the corporation dissolved under Code Section 14-2-943 unless the corporation or one or more of its shareholders purchase all the shares of the shareholder for their fair value and on terms determined under subsection (b) of this Code section. (b) If the court orders a share purchase, it shall: (1) Determine the fair value of the shares, considering among other relevant evidence the going concern

Page 1169

value of the corporation, any agreement among some or all of the shareholders fixing the price or specifying a formula for determining share value for any purpose, the recommendations of appraisers (if any) appointed by the court, and the legal constraints on the corporation's ability to purchase the shares; (2) Specify the terms of the purchase, including, if appropriate, terms for installment payments, subordination of the purchase obligation to the rights of the corporation's creditors, security for a deferred purchase price, and a covenant not to compete or other restriction on the seller; (3) Require the seller to deliver all his shares to the purchaser upon receipt of the purchase price or the first installment of the purchase price; (4) Provide that after the seller delivers his shares he has no further claim against the corporation, its directors, officers, or shareholders, other than a claim to any unpaid balance of the purchase price and a claim under any agreement with the corporation or the remaining shareholders that is not terminated by the court; and (5) Provide that if the purchase is not completed in accordance with the specified terms, the corporation is to be dissolved under Code Section 14-2-943. (c) After the purchase order is entered, any party may petition the court to modify the terms of the purchase and the court may do so if it finds that changes in the financial or legal ability of the corporation or other purchaser to complete the purchase justify a modification. (d) If the corporation is dissolved because the share purchase was not completed in accordance with the court's order, the selling shareholder has the same rights and priorities in the corporation's assets as if the sale had not been ordered. 14-2-943. (a) The court may dissolve the corporation if it finds that: (1) There are one or more grounds for judicial dissolution under Code Section 14-2-1430; or

Page 1170

(2) All other relief ordered by the court under Code Section 14-2-941 or Code Section 14-2-942 has failed to resolve the matters in dispute. (b) In determining whether to dissolve the corporation, the court shall consider among other relevant evidence the financial condition of the corporation but may not refuse to dissolve solely because the corporation has accumulated earnings or current operating profits. Part 6 14-2-950. This article applies to all corporations electing statutory close corporation status under Code Section 14-2-902 after July 1, 1989. ARTICLE 10 Part 1 14-2-1001. (a) A corporation may amend its articles of incorporation at any time to add or change a provision that is required or permitted in the articles of incorporation or to delete a provision not required in the articles of incorporation. Whether a provision is required or permitted in the articles of incorporation is determined as of the effective date of the amendment. (b) A shareholder of the corporation does not have a vested property right resulting from any provision in the articles of incorporation, including provisions relating to management, control, capital structure, dividend entitlement, or purpose or duration of the corporation. 14-2-1002. Unless the articles of incorporation provide otherwise, a corporation's board of directors may adopt one or more amendments to the corporation's articles of incorporation without shareholder action: (1) To extend the duration of the corporation if it was incorporated at a time when limited duration was required by law; (2) To delete the names and addresses of the initial directors;

Page 1171

(3) To delete the name and address of the initial registered agent or registered office, if an annual registration is on file with the Secretary of State; (4) To change each issued or each issued and unissued authorized share of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding; (5) To change or eliminate the par value of each issued and unissued share of an outstanding class if the corporation has only shares of that class outstanding; (6) To change the corporate name; or (7) To make any other change expressly permitted by this chapter to be made without shareholder action. 14-2-1003. (a) A corporation's board of directors may propose one or more amendments to the articles of incorporation for submission to the shareholders. (b) For the amendment to be adopted: (1) The board of directors must recommend the amendment to the shareholders unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the amendment; and (2) The shareholders entitled to vote on the amendment must approve the amendment as provided in subsection (e) of this Code section. (c) The board of directors may condition its submission of the proposed amendment on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice of meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and contain

Page 1172

or be accompanied by a copy or summary of the amendment. (e) Unless this chapter, the articles of incorporation, or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the amendment to be adopted must be approved by a majority of the votes entitled to be cast on the amendment by each voting group entitled to vote on the amendment. 14-2-1004. (a) The holders of the outstanding shares of a class are entitled to vote as a separate voting group (if shareholder voting is otherwise required by this chapter) on a proposed amendment if the amendment would: (1) Increase or decrease the aggregate number of authorized shares of the class; provided, however, that if the articles of incorporation specifically authorize the shares of any class to be increased or decreased without a shareholder vote, under such circumstances, the authorized number, terms, conditions, designations, preferences, limitations, and relative rights of those shares may be fixed as provided in the articles of incorporation; (2) Effect an exchange or reclassification of all or part of the shares of the class into shares of another class; (3) Effect an exchange or reclassification, or create the right of exchange, of all or part of the shares of another class into shares of the class; (4) Change the designation, rights, preferences, or limitations of all or part of the shares of the class; (5) Change the shares of all or part of the class into a different number of shares of the same class; (6) Create a new class of shares having rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class;

Page 1173

(7) Increase the rights, preferences, or number of authorized shares of any class that, after giving effect to the amendment, have rights or preferences with respect to distributions or to dissolution that are prior, superior, or substantially equal to the shares of the class; (8) Limit or deny an existing preemptive right of all or part of the shares of the class; (9) Cancel or otherwise affect rights to distributions or dividends that have accumulated but not yet been declared on all or part of the shares of the class; or (10) Cancel, redeem, or repurchase all or part of the shares of the class. (b) If a proposed amendment would affect a series of a class of shares in one or more of the ways described in subsection (a) of this Code section, the shares of that series are entitled to vote as a separate voting group on the proposed amendment if so entitled by subsection (a) of this Code section. (c) If a proposed amendment that entitles two or more series of shares within a class to vote as separate voting groups under this Code section would affect those two or more series in the same or a substantially similar way, the shares of all the series within the class so affected must vote together as a single voting group on the proposed amendment. (d) A class or series of shares is entitled to the voting rights granted by this Code section although the articles of incorporation provide that the shares are nonvoting shares. The articles of incorporation may provide that a class or series has voting rights in addition to those granted by this Code section. 14-2-1005. (a) If a corporation has not yet issued shares, its incorporators or board of directors may adopt one or more amendments to the corporation's articles of incorporation. (b) If any amendment before shares are issued makes a material change in the articles of incorporation, nonassenting

Page 1174

subscribers for shares shall be entitled to rescind their subscriptions. 14-2-1006. A corporation amending its articles of incorporation shall deliver to the Secretary of State for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment adopted; (3) If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself; (4) The date of each amendment's adoption; (5) If an amendment was adopted by the incorporators or board of directors without shareholder action, a statement to that effect and that shareholder action was not required; and (6) If approval of the shareholders was required, a statement that the amendment was duly approved by the shareholders in accordance with the provisions of Code Section 14-2-1003. 14-2-1006.1. (a) Together with any articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation verifying that the request for publication of a notice of intent to file articles of amendment to change the name of the corporation and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing any articles of amendment which change the name of the corporation, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most

Page 1175

recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF CHANGE OF CORPORATE NAME Notice is given that articles of amendment which will change the name of(present corporate name) to (proposed corporate name) will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at (address of registered office).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation. 14-2-1007. (a) A corporation's board of directors may restate its articles of incorporation at any time with or without shareholder action. (b) The restatement may include one or more amendments to the articles. If the restatement includes an amendment requiring shareholder approval, it must be adopted as provided in Code Section 14-2-1003. (c) If the board of directors submits a restatement for shareholder action, the corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the restatement that identifies

Page 1176

any amendment or other change it would make in the articles. (d) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation together with a certificate setting forth: (1) Whether the restatement contains an amendment to the articles requiring shareholder approval, and, if it does not, that the board of directors adopted the restatement; or (2) If the restatement contains an amendment to the articles requiring shareholder approval, the information required by Code Section 14-2-1006. (e) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments to them. (f) The Secretary of State may certify restated articles of incorporation as the articles of incorporation currently in effect without including the certificate information required by subsection (d) of this Code section. 14-2-1008. (a) A corporation's articles of incorporation may be amended without action by the board of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contain only provisions required or permitted by Code Section 14-2-202. (b) The individual or individuals designated by the court shall deliver to the Secretary of State for filing articles of amendment setting forth: (1) The name of the corporation; (2) The text of each amendment approved by the court; (3) The date of the court's order or decree approving the articles of amendment;

Page 1177

(4) The title of the reorganization proceeding in which the order or decree was entered; and (5) A statement that the court had jurisdiction of the proceeding under federal statute. (c) Shareholders of a corporation undergoing reorganization do not have dissenters' rights except as and to the extent provided in the reorganization plan. (d) This Code section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. 14-2-1009. An amendment to articles of incorporation does not affect a cause of action existing against or in favor of the corporation, a proceeding to which the corporation is a party, or the existing rights of persons other than shareholders of the corporation. An amendment changing a corporation's name does not abate a proceeding brought by or against the corporation in its former name. Part 2 14-2-1020. (a) A corporation's board of directors may amend or repeal the corporation's bylaws or adopt new bylaws unless: (1) The articles of incorporation or this chapter reserve this power exclusively to the shareholders in whole or in part; or (2) The shareholders in amending or repealing a particular bylaw provide expressly that the board of directors may not amend or repeal that bylaw. (b) A corporation's shareholders may amend or repeal the corporation's bylaws or adopt new bylaws even though the bylaws may also be amended or repealed by its board of directors. (c) A bylaw limiting the authority of the board of directors or establishing staggered terms for directors may only be adopted, amended, or repealed by the shareholders.

Page 1178

14-2-1021. (a) A bylaw adopted by the shareholders may fix a greater quorum or voting requirement for shareholders (or voting groups of shareholders) than is required by this chapter. (b) Except as provided in Code Section 14-2-1113, a bylaw that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section may not be adopted, amended, or repealed by the board of directors. 14-2-1022. (a) Unless provided otherwise in the articles of incorporation or the bylaws, a bylaw that fixes a greater quorum or voting requirement for the board of directors: (1) May be adopted, amended, or repealed by the shareholders only by the affirmative vote of a majority of the votes entitled to be cast; or (2) May be adopted, amended, or repealed by the directors only by a majority of the entire board of directors. (b) A bylaw adopted or amended by the shareholders that fixes a greater quorum or voting requirement for the board of directors may provide that it may be amended or repealed only by a specified vote of either the shareholders or the board of directors. ARTICLE 11 Part 1 14-2-1101. (a) One or more corporations may merge into another corporation if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-1103) approve a plan of merger. (b) The plan of merger must set forth: (1) The name of each corporation planning to merge and the name of the surviving corporation into which each other corporation plans to merge; (2) The terms and conditions of the merger; and

Page 1179

(3) The manner and basis of converting the shares of each corporation into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property in whole or in part. (c) The plan of merger may set forth: (1) Amendments to the articles of incorporation of the surviving corporation; and (2) Other provisions relating to the merger. 14-2-1102. (a) A corporation may acquire all of the outstanding shares of one or more classes or series of another corporation through a share exchange if the board of directors of each corporation adopts and its shareholders (if required by Code Section 14-2-1103) approve the share exchange. (b) The plan of share exchange must set forth: (1) The name of the corporation whose shares will be acquired and the name of the acquiring corporation; (2) The terms and conditions of the share exchange; (3) The manner and basis of exchanging the shares to be acquired for shares, obligations, or other securities of the acquiring or any other corporation or for cash or other property in whole or in part. (c) The plan of share exchange may set forth other provisions relating to the share exchange. (d) This Code section does not limit the power of a corporation to acquire all or part of the shares of one or more classes or series of another corporation through a voluntary exchange of shares or otherwise. 14-2-1103. (a) After adopting a plan of merger or share exchange, the board of directors of each corporation party to the merger and the board of directors of the corporation whose shares will be acquired in the share exchange shall submit the plan of merger (except as provided in subsection

Page 1180

(h) of this Code section) or share exchange for approval by its shareholders. (b) For a plan of merger or share exchange to be approved: (1) The board of directors must recommend the plan of merger or share exchange to the shareholders, unless the board of directors elects, because of conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the plan; and (2) The shareholders entitled to vote must approve the plan as provided in subsection (e), (f), and (g) of this Code section. (c) The board of directors may condition its submission of the proposed merger or share exchange on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the plan of merger or share exchange and contain or be accompanied by a copy or summary of the plan. (e) Unless this chapter, the articles of incorporation, the bylaws, or the board of directors (acting pursuant to subsection (c) of this Code section) requires a greater vote or a vote by voting groups, the plan of merger to be authorized must be approved by: (1) A majority of all the votes entitled to be cast on the plan by all shares entitled to vote on the plan, voting as a single voting group; and (2) A majority of all the shares of each voting group entitled to vote separately on the plan as a voting group by the articles of incorporation. (f) Shares of a class or series not otherwise entitled to vote on the merger are entitled to vote on a plan of merger

Page 1181

if the plan contains a provision that, if contained in a proposed amendment to articles of incorporation, would require action by that class or series of shares voting as a separate voting group on the proposed amendment under Code Section 14-2-1004 as a part of the voting group described in paragraph (1) of subsection (e) of this Code section. (g) Shares of a class or series included in a share exchange but not otherwise entitled to vote on the plan of share exchange are entitled to vote, with each class or series constituting a separate voting group. (h) Action by the shareholders of the surviving corporation on a plan of merger is not required if: (1) The articles of incorporation of the surviving corporation will not differ (except for amendments enumerated in Code Section 14-2-1002) from its articles before the merger; (2) Each shareholder of the surviving corporation whose share were outstanding immediately before the effective date of the merger will hold the same number of shares, with identical designations, preferences, limitations, and relative rights, immediately after the merger; and (3) The number and kind of shares outstanding immediately after the merger, plus the number and kind of shares issuable as a result of the merger and by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the surviving corporation authorized by its articles of incorporation immediately before the merger. (i) After a merger or share exchange is authorized, and at any time before articles of merger or a certificate of merger or share exchange is filed, the planned merger or share exchange may be abandoned (subject to any contractual rights) without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors.

Page 1182

14-2-1104. (a) A parent corporation owning at least 90 percent of the outstanding shares of each class of a subsidiary corporation may merge the subsidiary into itself without approval of the shareholders of the parent or subsidiary. (b) The board of directors of the parent shall adopt a plan of merger that sets forth: (1) The names of the parent and subsidiary; and (2) The manner and basis of converting the shares of the subsidiary into shares, obligations, or other securities of the parent or any other corporation or into cash or other property in whole or in part. (c) Within ten days after the corporate action is taken, the parent shall mail a copy or summary of the plan of merger to each shareholder of the subsidiary who does not waive the mailing requirement in writing. (d) Articles of merger or a certificate of merger under this Code section may not contain amendments to the articles of incorporation of the parent corporation (except for amendments enumerated in Code Section 14-2-1002). 14-2-1105. (a) After a plan of merger or share exchange is approved by the shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring corporation shall deliver to the Secretary of State for filing articles of merger or share exchange setting forth: (1) The plan of merger or share exchange; (2) If shareholder approval was not required, a statement to that effect; and (3) If approval of the shareholders of one or more corporations party to the merger or share exchange was required, a statemet that the merger or share exchange was duly approved by the shareholders. (b) In lieu of filing articles of merger that set forth the plan of merger or share exchange, the surviving or acquiring

Page 1183

corporation may file a certificate of merger or share exchange which sets forth: (1) The name and state of incorporation of each corporation which is merging or engaging in a share exchange and, in the case of a merger, the name of the surviving corporation into which each other corporation is merging; (2) In the case of a merger, any amendments to the articles of incorporation of the surviving corporation; (3) That the executed plan of merger or share exchange is on file at the principal place of business of the surviving or exchanging corporation, stating the address thereof; and (4) That a copy of the plan of merger or share exchange will be furnished by the surviving or exchanging corporation, on request and without cost, to any shareholder of any corporation that is a party to the merger or whose shares are involved in the share exchange. (c) Unless a delayed effective date is specified, a merger or share exchange takes effect when the articles or certificate of merger or share exchange is filed. 14-2-1105.1. (a) Together with the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall deliver to the Secretary of State a certificate executed by an officer of such corporation verifying that the request for publication of a notice of intent to file the articles or certificate of merger or share exchange and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or acquiring corporation is to be located or which is a newspaper of general circulation published within such county whose most recently published annual statement

Page 1184

of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF (MERGER) (SHARE EXCHANGE) Notice is given that articles or a certificate of (merger) (share exchange) which will effect a (merger) (share exchange) by and between(name and state of incorporation of each of the constituent corporations) will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The name of the (surviving) (acquiring) corporation in the (merger) (share exchange) will be, a corporation incorporated in the State of. The registered office of such corporation (is) (will be) located at(address of registered office) and its registered (agent) (agents) at such address (is) (are)(name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving or acquiring corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger or share exchange. 14-2-1106. (a) When a merger takes effect: (1) Every other corporation party to the merger merges into the surviving corporation and the separate existence of every corporation except the surviving corporation ceases; (2) The title to all real estate and other property owned by each corporation party to the merger is vested

Page 1185

in the surviving corporation without reversion or impairment; (3) The surviving corporation has all liabilities of each corporation party to the merger; (4) A proceeding pending against any corporation party to the merger may be continued as if the merger did not occur or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased; (5) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger; and (6) The shares of each corporation party to the merger that are to be converted into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property are converted and the former holders of the shares are entitled only to the rights provided in the articles of merger or to their rights under Article 13 of this chapter. (b) When a share exchange takes effect, the shares of each acquired corporation are exchanged as provided in the plan, and the former holders of the shares are entitled only to the share exchange rights provided in the articles of share exchange or to their rights under Article 13 of this chapter. 14-2-1107. (a) One or more foreign corporations may merge or enter into a share exchange with one or more domestic corporations if: (1) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger; (2) In a share exchange, the corporation whose shares will be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;

Page 1186

(3) The foreign corporation complies with Code Section 14-2-1105 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and (4) Each domestic corporation complies with the applicable provisions of Code Sections 14-2-1101 through 14-2-1104 and, if it is the surviving corporation of the merger or acquiring corporation of the share exchange, with Code Section 14-2-1105. (b) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is deemed: (1) To appoint the Secretary of State as its agent for service of process in a proceeding to enforce any obligation or the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and (2) To agree that it will promptly pay to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under Article 13 of this chapter. (c) This Code section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise. 14-2-1108. (a) Unless prohibited by the laws of this state, banking, insurance, railroad, trust, canal, navigation, express, and telegraph companies, and other corporations whose charters have been granted by the Secretary of State under provisions other than this chapter, may merge or engage in a share exchange with corporations that are subject to this chapter. (b) Each merging or exchanging corporation shall comply with all the provisions of this chapter relating to mergers or share exchanges, as the case may be, except that, if the laws which govern a merging or exchanging corporation chartered

Page 1187

by the Secretary of State under provisions other than the provisions of this chapter contain provisions relating to merger or share exchange which conflict with this chapter, that corporation shall follow the provisions of the laws to which it is subject. (c) If the surviving corporation in a merger is to be one which could be organized under this chapter, the time and effectiveness and the effect of the merger shall be as provided in this chapter. If the surviving corporation is to be one which could not be organized under this chapter, the time of effectiveness and the effect of the merger shall be as provided in this chapter except insofar as the laws of this state to which the surviving corporation shall be subject otherwise provide. 14-2-1109. (a) As used in this Code section, the term: (1) `Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Part 2 of Article 2 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (2) `Share' includes shares, memberships, financial or beneficial interests, or proprietary interests in a joint-stock association. (3) `Shareholder' includes every member of a joint-stock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein. (b) Any one or more domestic corporations may merge with one or more joint-stock associations, except a joint-stock

Page 1188

association formed under the laws of a state or jurisdiction which forbids a merger. The corporation or corporations and one or more joint-stock associations may merge into a single corporation, which may be any one of the constituent corporations. (c) The board of directors of each merging corporation and the board of trustees or other governing body of each merging joint-stock association shall adopt a plan of merger and shall submit the plan of merger to the shareholders of each merging corporation and of each merging joint-stock association. (d) The plan of merger: (1) Must set forth: (A) The name of each corporation and joint-stock association planning to merge and the name of the surviving corporation into which each other corporation and joint-stock association plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests in each of the joint-stock associations into shares, obligations, or other securities of the surviving or any other corporation or into cash or other property in whole or in part; (2) May set forth: (A) Amendments to the articles of incorporation of the surviving corporation; and (B) Other provisions relating to the merger. (e) For a plan of merger to be approved, the board of directors must recommend the plan of merger to the shareholders, in the same manner as provided in Code Section 14-2-1103, and, in the case of the joint-stock associations,

Page 1189

the plan of merger shall be submitted to its shareholders in the manner provided in its articles of association or other instrument containing the provisions by which it is organized or regulated and in compliance with any applicable laws of the state under which it was formed. In addition, each of the corporations shall comply with all other Code sections of this chapter which relate to the merger of domestic corporations. Each joint-stock association shall comply with all other provisions of its articles of association or other authorizing instrument, and all provisions of the laws, if any, of the state in which it was formed, which relate to the merger or share exchange. (f) Each merging corporation and each merging joint-stock association shall comply with the requirements of Code Section 14-2-1105, and Code Sections 14-2-1105 and 14-2-1106 shall be applicable to the merger, all as though each joint-stock association were a corporation. As used in those Code sections, the term: (1) `Corporation' shall be deemed to include each merging joint-stock association. (2) `Directors' shall be deemed to include the directors or trustees or other persons having comparable responsibility for the management of the business and affairs of each merging joint-stock association. (3) `Shareholder' shall be deemed to include the shareholders of each merging joint-stock association. (4) `Shares' shall be deemed to include shares, memberships, or financial or beneficial interests in each merging joint-stock association. (g) Each shareholder of a merging joint-stock association formed under the laws of this state shall have the same right to dissent from a plan of merger as he would have if he were a shareholder of a domestic corporation, and the provisions of Article 13 of this chapter shall be applicable to the merger as if the domestic joint-stock association were a domestic corporation. (h) Whenever a joint-stock association is required to execute articles or any other document in the manner required

Page 1190

by Code Section 14-2-1105, the same shall be executed by its managing trustee or other chief executive officer and by the secretary or assistant secretary, or if there is none, by another officer or trustee other than the person executing such articles or document. Part 2 14-2-1110. As used in this part, the term: (1) `Affiliate' means a person that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified person. (2) `Announcement date' means the date of the first general public announcement of the proposal of the business combination. (3) `Associate,' when used to indicate a relationship with any person, means: (A) Any corporation or organization, other than the corporation or a subsidiary of the corporation, of which such person is an officer, director, or partner or is the beneficial owner of 10 percent or more of any class of equity securities; (B) Any trust or other estate in which such person has a beneficial interest of 10 percent or more or as to which such person serves as trustee or in a similar fiduciary capacity; and (C) Any relative or spouse of such person, or any relative of such spouse, who has the same home as such person. (4) `Beneficial owner' means a person shall be considered to be the beneficial owner of any equity securities: (A) Which such person or any of such person's affiliates or associates owns, directly or indirectly; (B) Which such person or any of such person's affiliates or associates, directly or indirectly, has:

Page 1191

(i) The right to acquire, whether such right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or (ii) The right to vote pursuant to any agreement, arrangement, or understanding; or (C) Which are owned, directly or indirectly, by any other person with which such person or any of such person's affiliates or associates has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of equity securities. (5) `Business combination' means: (A) Any merger of the corporation or any subsidiary with: (i) Any interested shareholder; or (ii) Any other corporation, whether or not itself an interested shareholder, which is, or after the merger would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction; (B) Any share exchange with (i) any interested shareholder or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the share exchange would be, an affiliate of an interested shareholder that was an interested shareholder prior to the consummation of the transaction; (C) Any sale, lease, transfer, or other disposition, other than in the ordinary course of business, in one transaction or in a series of transaction in any 12 month period, to any interested shareholder or any affiliate of any interested shareholder, other than the corporation or any of its subsidiaries, of any assets

Page 1192

of the corporation or any subsidiary having, measured at the time the transaction or transactions are approved by the board of directors of the corporation, an aggregate book value as of the end of the corporation's most recently ended fiscal quarter of 10 percent or more of the net assets of the corporation as of the end of such fiscal quarter; (D) The issuance or transfer by the corporation, or any subsidiary, in one transaction or a series of transactions in any 12 month period, of any equity securities of the corporation or any subsidiary which have an aggregate market value of 5 percent or more of the total market value of the outstanding common and preferred shares of the corporation whose shares are being issued to any interested shareholder or any affiliate of any interested shareholder, other than the corporation or any of its subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities offered pro rata to all holders of the corporation's voting shares or any other method affording substantially proportionate treatment to the holders of voting shares; (E) The adoption of any plan or proposal for the liquidation or dissolution of the corporation in which anything other than cash will be received by an interested shareholder or any affiliate of any interested shareholder; or (F) Any reclassification of securities, including any reverse stock split, or recapitalization of the corporation, or any merger of the corporation with any of its subsidiaries, or any share exchange with any of its subsidiaries, which has the effect, directly or indirectly, in one transaction or a series of transactions in any 12 month period, of increasing by 5 percent or more the proportionate amount of the outstanding shares of any class or series of equity securities of the corporation or any subsidiary which is directly or indirectly beneficially owned by any interested shareholder or any affiliate of any interested shareholder. (6) `Continuing director' means any member of the board of directors who is not an affiliate or associate of

Page 1193

an interested shareholder or any of its affiliates, other than the corporation or any of its subsidiaries, and who was a director of the corporation prior to the determination date, and any successor to such continuing director who is not an affiliate or an associate of an interested shareholder or any of its affiliates, other than the corporation or its subsidiaries, and is recommended or elected by a majority of all of the continuing directors. (7) `Control,' including the terms `controlling,' `controlled by,' and `under common control with,' means the possession, directly or indirectly, of the power to direct or cause the direction to the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise, and the beneficial ownership of shares representing 10 percent or more of the votes entitled to be cast by a corporation's voting shares shall create an irrebuttable presumption of control. (8) `Corporation,' in addition to the definition contained in Code Section 14-2-140, shall include any trust merging with a domestic corporation pursuant to Code Section 53-12-59. (9) `Determination date' means the date on which an interested shareholder first became an interested shareholder. (10) `Fair market value' means: (A) In the case of securities, the highest closing sale price, during the period beginning with and including the determination date and for 29 days prior to such date, of such a security on the principal United States securities exchange registered under the Securities Exchange Act of 1934 on which such securities are listed, or, if such securities are not listed on any such exchange, the highest closing sales price or, [Illegible Text] none is available, the average of the highest bid and asked prices reported with respect to such a security in each case during the 30 day period referred to above, on the National Association of Securities Dealers,

Page 1194

Inc., Automatic Quotation System, or any system then in use, or, if no such quotations are available, the fair market value on the date in question of such a security as determined in good faith at a duly called meeting of the board of directors by a majority of all of the continuing directors, or, if there are no continuing directors, by the entire board of directors; and (B) In the case of property other than securities, the fair market value of such property on the date in question as determined in good faith at a duly called meeting of the board of directors by a majority of all of the continuing directors, or, if there are no continuing directors, by the entire board of directors of the corporation. (11) `Interested shareholder' means any person, other than the corporation or its subsidiaries, that: (A) Is the beneficial owner of 10 percent or more of the voting power of the outstanding voting shares of the corporation; or (B) Is an affiliate of the corporation and, at any time within the two-year period immediately prior to the date in question, was the beneficial owner of 10 percent or more of the voting power of the then outstanding voting shares of the corporation. For the purpose of determining whether a person is an interested shareholder, the number of voting shares deemed to be outstanding shall not include any unissued voting shares which may be issuable pursuant to any agreement, arrangement, or understanding, or upon exercise of conversion rights, warrants, or options, or otherwise. (12) `Net assets' means the amount by which the total assets of a corporation exceed the total debts of the corporation. (13) `Voting shares' means shares entitled to vote generally in the election of directors.

Page 1195

14-2-1111. In addition to any vote otherwise required by law or the articles of incorporation of the corporation, a business combination shall be: (1) Unanimously approved by the continuing directors, provided that the continuing directors constitute at least three members of the board of directors at the time of such approval; or (2) Recommended by at least two-thirds of the continuing directors and approved by a majority of the votes entitled to be cast by holders of voting shares, other than voting shares beneficially owned by the interested shareholder who is, or whose affiliate is, a party to the business combination. 14-2-1112. (a) As used in this Code section, the term `interested shareholder' refers to the interested shareholder which is party to, or an affiliate of which is party to, the business combination in question. (b) The vote required by Code Section 14-2-1111 does not apply to a business combination if each of the following conditions is met: (1) The aggregate amount of the cash, and the fair market value as of five days before the consummation of the business combination of consideration other than cash, to be received per share by holders of any class of common shares or any class or series of preferred shares in such business combination is at least equal to the highest of the following: (A) The highest per share price, including any brokerage commissions, transfer taxes, and soliciting dealers' fees, paid by the interested shareholder for any shares of the same class or series acquired by it: (i) Within the two-year period immediately prior to the announcement date; or (ii) In the transaction in which it became an interested shareholder, whichever is higher;

Page 1196

(B) The fair market value per share of such class or series as determined on the announcement date or as determined on the determination date, whichever is higher; or (C) In the case of shares other than common shares, the highest preferential amount per share to which the holders of shares of such class or series are entitled in the event of any voluntary or involuntary liquidation, dissolution, or winding up of the corporation, provided that this subparagraph shall only apply if the interested shareholder has acquired shares of such class or series within the two-year period immediately prior to the announcement date; (2) The consideration to be received by holders of any class or series of outstanding shares is to be in cash or in the same form as the interested shareholder has previously paid for shares of the same class or series. If the interested shareholder has paid for shares of any class or series of shares with varying forms of consideration, the form of consideration for such class or series of shares shall be either cash or the form used to acquire the largest number of shares of such class or series previously acquired by it; (3) After the interested shareholder has become an interested shareholder and prior to the consummation of such business combination: (A) Unless approved by a majority of the continuing directors, there shall have been: (i) No failure to declare and pay at the regular date therefor any full periodic dividends, whether or not cumulative, on any outstanding preferred shares of the corporation; (ii) No reduction in the annual rate of dividends paid on any class of common shares, except as necessary to reflect any subdivision of the shares; (iii) An increase in such annual rate of dividends as is necessary to reflect any reclassification,

Page 1197

including any reverse share split, recapitalization, reorganization, or any similar transaction which has the effect of reducing the number of outstanding shares; and (iv) No increase in the interested shareholder's percentage ownership of any class or series of shares of the corporation by more than 1 percent in any 12 month period; (B) The provisions of divisions (i) and (ii) of subparagraph (A) of this paragraph shall not apply if the interested shareholder or an affiliate or associate of the interested shareholder did not vote as a director of the corporation in a manner inconsistent with divisions (i) and (ii) of subparagraph (A) of this paragraph and the interested shareholder, within ten days after any act or failure to act inconsistent with divisions (i) and (ii) of subparagraph (A) of this paragraph, notified the board of directors of the corporation in writing that the interested shareholder disapproved thereof and requested in good faith that the board of directors rectify the act or failure to act; and (4) After the interested shareholder has become an interested shareholder, the interested shareholder has not received the benefit, directly or indirectly, except proportionately as a shareholder, of any loans, advances, guarantees, pledges, or other financial assistance or any tax credits or other tax advantages provided by the corporation or any of its subsidiaries, whether in anticipation of or in connection with such business combination or otherwise. 14-2-1113. (a) The requirements of this part shall not apply to business combinations of a corporation unless the bylaws of the corporation specifically provide that all of such requirements are applicable to the corporation. Such a bylaw may be adopted at any time in the manner provided in this chapter and shall apply to any business combination approved or recommended by the board of directors after the date of the bylaw's adoption. Such a bylaw shall be irrevocable except as provided in subsection (b) of this Code section.

Page 1198

Neither the adoption nor the failure to adopt such a bylaw shall constitute grounds for any cause of action against any of the directors of the corporation. (b) Any bylaw adopted as provided in subsection (a) of this Code section may only be repealed by the affirmative vote of at least two-thirds of the continuing directors and a majority of the votes entitled to be cast by voting shares of the corporation, other than shares beneficially owned by any interested shareholder and affiliates and associates of any interested shareholder, in addition to any other vote required by the articles of incorporation or bylaws to amend the bylaws. Once the bylaw has been repealed in accordance with this subsection, the corporation shall not thereafter be entitled to adopt the bylaw in accordance with subsection (a) of this Code section. (c) The requirement of Code Section 14-2-1111 shall never apply to business combinations with an interested shareholder or its affiliates if, during the three-year period immediately preceding the consummation of the business combination, the interested shareholder has not at any time during such period: (1) Ceased to be an interested shareholder; or (2) Increased its percentage ownership of any class or series of common or preferred shares of the corporation by more than 1 percent in any 12 month period. (d) Nothing contained in this part shall be deemed to limit in any manner a corporation's right to include in its articles of incorporation or bylaws any provision regarding the approval of business combinations which would not otherwise be prohibited by this article. ARTICLE 12 14-2-1201. (a) A corporation may, on the terms and conditions and for the consideration determined by the board of directors: (1) Sell, lease, exchange, or otherwise dispose of all or substantially all of its property if:

Page 1199

(A) The corporation is insolvent and a sale for cash or its equivalent is deemed advisable by the board to meet the liabilities of the corporation; or (B) The corporation was incorporated for the purpose of liquidating such property and assets; (2) Mortgage, pledge, dedicate to the repayment of indebtedness, whether with or without recourse, or otherwise encumber any or all of its property whether or not in the usual and regular course of business; (3) Transfer any or all of its property to a corporation all the shares of which are owned by the corporation; or (4) Sell, lease, exchange, or otherwise dispose of less than all or substantially all of its property. Assets shall be deemed to be less than all or substantially all of a corporation's property if the value of the assets does not exceed one-half of the value of all of the assets of the corporation, and the revenues represented or produced by such assets do not exceed one-half of the total revenues of the corporation; provided, however, that this subsection shall not create any inference that the sale of assets exceeding the amounts described in this subsection is the sale of all or substantially all of the property of the corporation. (b) Unless the articles of incorporation require it, approval by the shareholders of a transaction described in subsection (a) of this Code section is not required. 14-2-1202. (a) A corporation may sell, lease, exchange, or otherwise dispose of all or substantially all of its property (with or without the good will), otherwise than pursuant to Code Section 14-2-1201, on the terms and conditions and for the consideration determined by the corporation's board of directors, if the board of directors proposes and its shareholders approve the proposed transaction. (b) For a transaction to be authorized:

Page 1200

(1) The board of directors must recommend the proposed transaction to the shareholders unless the board of directors elects, because of conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the submission of the proposed transaction; and (2) The shareholders entitled to vote must approve the transaction. (c) The board of directors may condition its submission of the proposed transaction on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider the sale, lease, exchange, or other disposition of all or substantially all of the property of the corporation and contain or be accompanied by a description of the transaction. (e) Unless the articles of incorporation or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the transaction to be authorized must be approved by a majority of all the votes entitled to be cast on the transaction. (f) After a sale, lease, exchange, or other disposition of property is authorized, the transaction may be abandoned (subject to any contractual rights) without further shareholder action. (g) A transaction that constitutes a distribution is governed by Code Section 14-2-640 and not by this Code section. ARTICLE 13 Part 1 14-2-1301. As used in this article, the term: (1) `Beneficial shareholder' means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder.

Page 1201

(2) `Corporation' means the issuer of shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. (3) `Dissenter' means a shareholder who is entitled to dissent from corporate action under Code Section 14-2-1302 and who exercises that right when and in the manner required by Code Sections 14-2-1320 through 14-2-1327. (4) `Fair value,' with respect to a dissenter's shares, means the value of the shares immediately before the effectuation of the corporate action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the corporate action. (5) `Interest' means interest from the effective date of the corporate action until the date of payment, at a rate that is fair and equitable under all the circumstances. (6) `Record shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (7) `Shareholder' means the record shareholder or the beneficial shareholder. 14-2-1302. (a) A record shareholder of the corporation is entitled to dissent from, and obtain payment of the fair value of his shares in the event of, any of the following corporate actions: (1) Consummation of a plan of merger to which the corporation is a party: (A) If approval of the shareholders of the corporation is required for the merger by Code Section 14-2-1103 or the articles of incorporation and the shareholder is entitled to vote on the merger; or (B) If the corporation is a subsidiary that is merged with its parent under Code Section 14-2-1104;

Page 1202

(2) Consummation of a plan of share exchange to which the corporation is a party as the corporation whose shares will be acquired, if the shareholder is entitled to vote on the plan; (3) Consummation of a sale or exchange of all or substantially all of the property of the corporation if a shareholder vote is required on the sale or exchange pursuant to Code Section 14-2-1202, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed to the shareholders within one year after the date of sale; (4) An amendment of the articles of incorporation that materially and adversely affects rights in respect of a dissenter's shares because it: (A) Alters or abolishes a preferential right of the shares; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the shares; (C) Alters or abolishes a preemptive right of the holder of the shares to acquire shares or other securities; (D) Excludes or limits the right of the shares to vote on any matter, or to cumulate votes, other than a limitation by dilution through issuance of shares or other securities with similar voting rights; (E) Reduces the number of shares owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under Code Section 14-2-604; or (F) Cancels, redeems, or repurchases all or part of the shares of the class; (5) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter,

Page 1203

the articles of incorporation, bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares. (b) A shareholder entitled to dissent and obtain payment for his shares under this article may not challenge the corporate action creating his entitlement unless the action fails to comply with procedural requirements of this chapter or the articles of incorporation or bylaws of the corporation or is fradulent with respect to the shareholder or the corporation. (c) Notwithstanding any other provision of this article, there shall be no right of dissent in favor of the holder of shares of any class or series which, at the record date fixed to determine the shareholders entitled to receive notice of and to vote at a meeting at which a plan of merger or share exchange or a sale or exchange of property or an amendment of the articles of incorporation is to be acted on, were either listed on a national securities exchange or held of record by more than 2,000 shareholders, unless: (1) In the case of a plan of merger or share exchange, the holders of shares of the class or series are required under the plan of merger or share exchange to accept for their shares anything except shares of the surviving corporation or another publicly held company which at the effective date of the merger or share exchange are either listed on a national securities exchange or held of record by more than 2,000 shareholders, except for scrip or cash payments in lieu of fractional shares; or (2) The articles of incorporation or a resolution of the board of directors approving the transaction provides otherwise. 14-2-1303. A record shareholder may assert dissenters' rights as to fewer than all the shares registered in his name only if he dissents with respect to all shares beneficially owned by any one beneficial shareholder and notifies the corporation in writing of the name and address of each person on whose behalf he asserts dissenters' rights. The rights of

Page 1204

a partial dissenter under this Code section are determined as if the shares as to which he dissents and his other shares were registered in the names of different shareholders. Part 2 14-2-1320. (a) If proposed corporate action creating dissenters' rights under Code Section 14-2-1302 is submitted to a vote at a shareholders' meeting, the meeting notice must state that shareholders are or may be entitled to assert dissenters' rights under this article and be accompanied by a copy of this article. (b) If corporate action creating dissenters' rights under Code Section 14-2-1302 is taken without a vote of shareholders, the corporation shall notify in writing all shareholders entitled to assert dissenters' rights that the action was taken and send them the dissenters' notice described in Code Section 14-2-1322. 14-2-1321. (a) If proposed corporate action creating dissenters' rights under Code Section 14-2-1302 is submitted to a vote at a shareholders' meeting, a record shareholder who wishes to assert dissenters' rights: (1) Must deliver to the corporation before the vote is taken written notice of his intent to demand payment for his shares if the proposed action is effectuated; and (2) Must not vote his shares in favor of the proposed action. (b) A record shareholder who does not satisfy the requirements of subsection (a) of this Code section is not entitled to payment for his shares under this article. 14-2-1322. (a) If proposed corporate action creating dissenters' rights under Code Section 14-2-1302 is authorized at a shareholders' meeting, the corporation shall deliver a written dissenters' notice to all shareholders who satisfied the requirements of Code Section 14-2-1321. (b) The dissenters' notice must be sent no later than ten days after the corporate action was taken and must:

Page 1205

(1) State where the payment demand must be sent and where and when certificates for certificated shares must be deposited; (2) Inform holders of uncertificated shares to what extent transfer of the shares will be restricted after the payment demand is received; (3) Set a date by which the corporation must receive the payment demand, which date may not be fewer than 30 nor more than 60 days after the date the notice required in subsection (a) of this Code section is delivered; and (4) Be accompained by a copy of this article. 14-2-1323. (a) A record shareholder sent a dissenters' notice described in Code Section 14-2-1322 must demand payment and deposit his certificates in accordance with the terms of the notice. (b) A record shareholder who demands payment and deposits his shares under subsection (a) of this Code section retains all other rights of a shareholder until these rights are canceled or modified by the taking of the proposed corporate action. (c) A record shareholder who does not demand payment or deposit his share certificates where required, each by the date set in the dissenters' notice, is not entitled to payment for his shares under this article. 14-2-1324. (a) The corporation may restrict the transfer of uncertificated shares from the date the demand for their payment is received until the proposed corporate action is taken or the restrictions released under Code Section 14-2-1326. (b) The person for whom dissenters' rights are asserted as to uncertificated shares retains all other rights of a shareholder until these rights are canceled or modified by the taking of the proposed corporate action. 14-2-1325. (a) Except as provided in Code Section 14-2-1327, within ten days of the later of the date the proposed

Page 1206

corporate action is taken or receipt of a payment demand, the corporation shall offer to pay each dissenter who complied with Code Section 14-2-1323 the amount the corporation estimates to be the fair value of his shares, plus accrued interest. (b) The offer of payment must be accompanied by: (1) The corporation's balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, an income statement for that year, a statement of changes in shareholders' equity for that year, and the latest available interim financial statements, if any; (2) A statement of the corporation's estimate of the fair value of the shares; (3) An explanation of how the interest was calculated; (4) A statement of the dissenter's right to demand payment under Code Section 14-2-1327; and (5) A copy of this article. 14-2-1326. (a) If the corporation does not take the proposed action within 60 days after the date set for demanding payment and depositing share certificates, the corporation shall return the deposited certificates and release the transfer restrictions imposed on uncertificated shares. (b) If, after returning deposited certificates and releasing transfer restrictions, the corporation takes the proposed action, it must send a new dissenters' notice under Code Section 14-2-1422 and repeat the payment demand procedure. 14-2-1327. (a) A dissenter may notify the corporation in writing of his own estimate of the fair value of his shares and amount of interest due, and demand payment of his estimate of the fair value of his shares and interest due, if: (1) The dissenter believes that the amount offered under Code Section 14-2-1325 is less than the fair value

Page 1207

of his shares or that the interest due is incorrectly calculated; or (2) The corporation, having failed to take the proposed action, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated shares within 60 days after the date set for demanding payment. (b) A dissenter waives his right to demand payment under this Code section unless he notifies the corporation of his demand in writing under subsection (a) of this Code section within 30 days after the corporation made or offered payment for his shares. Part 3 14-2-1330. (a) If a demand for payment under Code Section 14-2-1327 remains unsettled, the corporation shall commence a proceeding within 60 days after receiving the payment demand and petition the court to determine the fair value of the shares and accrued interest. If the corporation does not commence the proceeding within the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (b) The corporation shall commence the proceeding in the superior court of the county where a corporation's registered office is located. If the surviving corporation is a foreign corporation without a registered office in this state, it shall commence the proceeding in the county in this state where the registered office of the domestic corporation merged with or whose shares were acquired by the foreign corporation was located. (c) The corporation shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their shares. The corporation shall serve a copy of the petition in the proceeding upon each dissenting shareholder who is a resident of this state in the manner provided by law for the service of a summons and complaint, and upon each nonresident dissenting shareholder

Page 1208

either by registered or certified mail and publication, or in any other manner permitted by law. (d) The jurisdiction of the court in which the proceeding is commenced under subsection (b) of this Code section is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. Except as otherwise provided in this chapter, Chapter 11 of Title 9, known as the `Georgia Civil Practice Act,' applies to any proceeding with respect to dissenters' rights under this chapter. (e) Each dissenter made a party to the proceeding is entitled to judgement for the amount which the court finds to be the fair value of his shares, plus interest to the date of judgment. 14-2-1331. (a) The court in an appraisal proceeding commenced under Code Section 14-2-1330 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, but not including fees and expenses of attorneys and experts for the respective parties. The court shall assess the costs against the corporation, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under Code Section 14-2-1327. (b) The court may also assess the fees and expenses of attorneys and experts for the respective parties, in amounts the court finds equitable: (1) Against the corporation and in favor of any or all dissenters if the court finds the corporation did not substantially comply with the requirements of Code Sections 14-2-1320 through 14-2-1327; or (2) Against either the corporation or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed

Page 1209

acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (c) If the court finds that the services of attorneys for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the corporation, the court may award to these attorneys reasonable fees to be paid out of the amounts awarded the dissenters who were benefited. 14-2-1332. No action by any dissenter to enforce dissenters' rights shall be brought more than three years after the corporate action was taken, regardless of whether notice of the corporate action and of the right to dissent was given by the corporation in compliance with the provisions of Code Section 14-2-1320 and Code Section 14-2-1322. ARTICLE 14 Part 1 14-2-1401. A majority of the incorporators or initial directors of a corporation that has not issued shares or has not commenced business may dissolve the corporation by delivering to the Secretary of State for filing articles of dissolution that set forth: (1) The name of the corporation; (2) The date of its incorporation; (3) Either that: (A) None of the corporation's shares has been issued; or (B) The corporation has not commenced business; (4) That no debt of the corporation remains unpaid; (5) That the net assets of the corporation remaining after winding up have been distributed to the shareholders, if shares were issued; and

Page 1210

(6) That a majority of the incorporators or initial directors authorized the dissolution. 14-2-1402. (a) A corporation's board of directors may propose dissolution for submission to the shareholders. (b) For a proposal to dissolve to be adopted: (1) The board of directors must recommend dissolution to the shareholders unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its determination to the shareholders; and (2) The shareholders entitled to vote must approve the proposal to dissolve as provided in subsection (e) of this Code section. (c) The board of directors may condition its submission of the proposal for dissolution on any basis. (d) The corporation shall notify each shareholder entitled to vote of the proposed shareholders' meeting in accordance with Code Section 14-2-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation. (e) Unless the articles of incorporation or the board of directors (acting pursuant to subsection (c) of this Code section) requires a greater vote or a vote by voting groups, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal. 14-2-1403. Upon approval of a proposal for dissolution pursuant to Code Section 14-2-1402, the corporation shall begin dissolution by delivering to the Secretary of State for filing a notice of intent to dissolve setting forth: (1) The name of the corporation; (2) The date dissolution was authorized; (3) If shareholder approval was required for dissolution, a statement that dissolution was duly approved by

Page 1211

the shareholders in accordance with Code Section 14-2-1402. 14-2-1403.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of such corporation verifying that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor have been made as required by subsection (b) of this Code section. (b) Prior to filing the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION Notice is given that a notice of intent to dissolve(name of corporation), a Georgia corporation with its registered office at(address of registered office), will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.' The notice may also include the information specified in Code Section 14-2-1407. The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation.

Page 1212

14-2-1404. (a) A corporation may revoke its dissolution proceedings at any time prior to the filing of articles of dissolution. (b) Revocation of dissolution proceedings must be authorized in the same manner as the dissolution was authorized unless that authorization permitted revocation by action by the board of directors alone, in which event the board of directors may revoke the dissolution without shareholder action. (c) After the revocation of dissolution proceedings is authorized, the corporation may revoke the dissolution proceedings by delivering to the Secretary of State for filing a notice of revocation of intent to dissolve, together with a copy of its notice of intent to dissolve, that sets forth: (1) The name of the corporation; (2) The effective date of the dissolution that was revoked; (3) The date that the revocation of dissolution was authorized; (4) If the corporation's board of directors or incorporators revoked the dissolution, a statement to that effect; (5) If the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (6) If shareholder action was required to revoke the dissolution, the information required by paragraph (3) of Code Section 14-2-1403. (d) Revocation of dissolution proceedings is effective when a notice of revocation of intent to dissolve is filed. (e) When the revocation of dissolution proceedings is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying

Page 1213

on its business as if dissolution proceedings had never occurred. 14-2-1405. A corporation that has filed a notice of intent to dissolve continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, including: (1) Collecting its assets; (2) Disposing of its properties that will not be distributed in kind to its shareholders; (3) Discharging or making provision for discharging its liabilities; (4) Distributing its remaining property among its shareholders according to their interests; and (5) Doing every other act necessary to wind up and liquidate its business and affairs. 14-2-1406. (a) A corporation that has filed a notice of intent to dissolve may dispose of the known claims against it by following the procedure described in this Code section. (b) The corporation in dissolution shall notify its known claimants in writing of the dissolution proceedings at any time after the filing of the notice of intent to dissolve. The written notice must: (1) Describe information that must be included in a claim; (2) Provide a mailing address where a claim may be sent; (3) State the deadline, which may not be less than six months from the effective date of the written notice, by which the dissolved corporation must receive the claim; (4) State that the claim will be barred if not received by the deadline; and

Page 1214

(5) State that the corporation will give notice of acceptance or rejection of all claims that are received in timely fashion within six months of the deadline for receipt of claims. (c) A claim against a corporation in dissolution is barred: (1) If a claimant who was given written notice under subsection (b) of this Code section does not deliver the claim to the dissolved corporation by the deadline; or (2) If a claimant whose claim was rejected by the dissolved corporation does not commence a proceeding to enforce the claim within one year from the effective date of the rejection notice. (d) For purposes of this Code section, the term `claim' does not include a contingent liability or a claim based on an event occurring after the filing of the notice of intent to dissolve. 14-2-1407. (a) A corporation that has filed a notice of intent to dissolve may include in the notice of its intent to dissolve published under Code Section 14-2-1403.1 a request that persons with claims against the corporation present them in accordance with subsection (b) of this Code section. (b) The request must: (1) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and (2) State that, except for claims that are contingent at the time of the filing of the notice of intent to dissolve or that arise after the filing of the notice of intent to dissolve, a claim against the corporation not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within two years after the publication of the notice. (c) If a corporation that has filed a notice of intent to dissolve publishes a newspaper notice containing the information

Page 1215

specified in subsection (b) of this Code section, all claims not otherwise barred will be barred unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the publication date of the newspaper notice except: (1) Claims that are contingent at the time of the filing of the notice of intent to dissolve; and (2) Claims that arise after the filing of the notice of intent to dissolve. (d) If a corporation in dissolution publishes a newspaper notice containing the information specified in subsection (b) of this Code section, a claim not otherwise barred of a claimant whose claim is contingent or based on an event occurring after the filing of the notice of intent to dissolve is barred against the corporation, its shareholders, officers, and directors unless the claimant commences a proceeding to enforce the claim against the dissolved corporation within two years after the date of filing of articles of dissolution or five years after the date of publication in accordance with subsection (b) of this Code section, whichever is later. (e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section: (1) Against the corporation, to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a shareholder of the corporation to the extent of his pro rata share of the claim or the corporate assets distributed to him in liquidation, whichever is less, but a shareholder's total liability for all claims under this Code section may not exceed the total amount of assets distributed to him. 14-2-1408. (a) If a notice of intent to dissolve under Code Section 14-2-1403 has not been revoked, when all known debts, liabilities, and obligations of the corporation have been paid and discharged, or adequate provision made therefor,

Page 1216

the corporation may dissolve by delivering to the Secretary of State for filing articles of dissolution setting forth: (1) The name of the corporation; (2) The date on which a notice of intent to dissolve was filed and a statement that it has not been revoked; (3) A statement that a notice to creditors has been published in accordance with subsection (b) of Code Section 14-2-1407; (4) A statement that all known debts, liabilities, and obligations of the corporation have been paid and discharged, or that adequate provision has been made therefor; (5) A statement that all remaining property and assets of the corporation have been distributed among its shareholders in accordance with their respective rights and interests, or that adequate provision has been made therefor, or that such property and assets have been deposited with the Department of Administrative Services as provided in Code Section 14-2-1440; and (6) A statement that there are no actions pending against the corporation in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree which may be entered against it in any pending action. (b) Upon filing of articles of dissolution the corporation shall cease to exist, except for the purpose of actions or other proceedings and except for such actions as the shareholders, directors, and officers take to protect any remedy, right, or claim on behalf of the corporation, or to defend, compromise, or settle any claim against the corporation, all of which may proceed in the corporate name. (c) Deeds or other transfer instruments requiring execution after the dissolution of a corporation may be signed by any two of the last officers or directors of the corporation and shall operate to convey the interest of the corporation in the real estate or other property described.

Page 1217

14-2-1409. (a) A corporation that has been dissolved by the expiration of its period of duration but which has continued in business notwithstanding the expiration, may revive its corporate existence by amending its articles of incorporation at any time during a period of ten years immediately following the expiration date fixed by the articles of incorporation, so as to extend its period of duration. (b) If a corporation whose period of duration has expired has failed to revive its corporate existence within ten years of the expiration date fixed by its articles of incorporation as provided in subsection (a) of this Code section, the corporation may thereafter revive its corporate existence by amending its articles of incorporation so as to extend its period of duration at any time during the period beginning ten years, and ending 20 years, immediately following the expiration date fixed by its articles of incorporation and filing with the Secretary of State an affidavit attested by one or more of its officers or directors, stating as follows: (1) That the corporation has continued in business, notwithstanding the expiration of its period of duration, at all times since the expiration date fixed by its articles of incorporation; (2) That the corporation has not been disqualified from making distributions for the reasons set out in subsection (c) of Code Section 14-2-640 since such expiration date; and (3) That the revival will not injure the corporation's shareholders, creditors, or the public. (c) As of the effective date of the amendment of articles of incorporation pursuant to subsection (a) or (b) of this Code section, the corporate existence shall be deemed to have continued without interruption from the former expiration date. If, during the period between expiration and revival, the name of the corporation has been assumed, reserved or registered by any other person or corporation, the revived corporation shall not engage in business until it has amended its articles of incorporation to change its name.

Page 1218

Part 2 14-2-1420. The Secretary of State may commence a proceeding under Code Section 14-2-1421 to dissolve a corporation administratively if: (1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to file any required tax return and that a period of one year has expired, since the last day permitted for timely filing, without the filing and payment of all required fees and penalties by the corporation; (2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due; (3) The corporation is without a registered agent or registered office in this state for 60 days or more; (4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or (5) Any notice which is required to be published by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1 has not been published. 14-2-1421. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-2-1420 for dissolving a corporation, he shall provide the corporation with written notice of his determination by mailing a copy of the notice, first-class mail, to the corporation at the last known address of its principal office or to the registered agent. (b) If the corporation does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the corporation, the Secretary of State shall

Page 1219

administratively dissolve the corporation by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate. (c) A corporation administratively dissolved continues its corporate existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs under Code Section 14-2-1405 and notify claimants under Code Sections 14-2-1406 and 14-2-1407. (d) The administrative dissolution of a corporation does not terminate the authority of its registered agent. 14-2-1422. (a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement within two years after the effective date of dissolution. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the corporation's name satisfies the requirements of Code Section 14-2-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. (b) If the Secretary of State determines that the application contains the information required by subsection (a) of this Code section and that the information is correct, he shall prepare a certificate of reinstatement that recites his

Page 1220

determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under Code Section 14-2-504. (c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred. 14-2-1423. (a) If the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, he shall serve the corporation under Code Section 14-2-504 with a written notice that explains the reason or reasons for denial. (b) The corporation may appeal the denial of reinstatement to the superior court of the county where the corporation's registered office is or was located within 30 days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Secretary of State's notice of denial. (c) The court's final decision may be appealed as in other civil proceedings. Part 3 14-2-1430. The superior court may dissolve a corporation: (1) In a proceeding by the Attorney General if it is established that: (A) The corporation obtained its articles of incorporation through fraud; or (B) The corporation has continued to exceed or abuse the authority conferred upon it by law; (2) In a proceeding by a shareholder if it is established that:

Page 1221

(A) The directors are deadlocked in the management of the corporate affairs, the shareholders are unable to break the deadlock, and irreparable injury to the corporation is threatened or being suffered or the business and affairs of the corporation can no longer be conducted to the advantage of the shareholders generally, because of the deadlock; (B) The directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal or fraudulent in connection with the operation or management of the business and affairs of the corporation, and the proceeding is initiated by the holders of at least 20 percent or more of all outstanding shares of a corporation; (C) The shareholders are deadlocked in voting power and have failed, for a period that includes at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired; or (D) The corporate assets are being misapplied or wasted; (3) In a proceeding by a creditor if it is established that: (A) The creditor's claim has been reduced to judgment, the execution on the judgment has been returned unsatisfied, and the corporation is insolvent; or (B) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent; (4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision; provided, however, that all of the actions described in paragraphs (1) through (3) of this Code section shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution.

Page 1222

14-2-1431. (a) Venue for a proceeding by the Attorney General to dissolve a corporation and for a proceeding brought by any other party named in Code Section 14-2-1430 lies in the county where a corporation's registered office is or was last located. (b) It is not necessary to make shareholders or directors parties to a proceeding to dissolve a corporation unless relief is sought against them individually. (c) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian pendente lite with all powers and duties the court directs, take other action required to preserve the corporate assets wherever located, and carry on the business of the corporation until a full hearing can be held. 14-2-1432. (a) A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the corporation. The court shall hold a hearing, after notifying all parties to the proceeding and any interested persons designated by the court, before appointing a receiver or custodian. The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all its property wherever located. (b) The court may appoint an individual or a domestic or foreign corporation (authorized to transact business in this state) as a receiver or custodian. The court may require the receiver or custodian to post bond, with or without sureties, in an amount the court directs. (c) The court shall describe the powers and duties of the receiver or custodian in its appointing order, which may be amended from time to time. Among other powers: (1) The receiver: (A) May dispose of all or any part of the assets of the corporation wherever located, at a public or private sale, if authorized by the court; and (B) May sue and defend in his own name as receiver of the corporation in all courts of this state; or

Page 1223

(2) The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interests of its shareholders and creditors. (d) The court during a receivership may redesignate the receiver a custodian and, during a custodianship, may redesignate the custodian a receiver, if doing so is in the best interests of the corporation, its shareholders, and creditors. (e) The court from time to time during the receivership or custodianship may order compensation paid and expense disbursements or reimbursements made to the receiver or custodian and his attorney from the assets of the corporation or proceeds from the sale of the assets. 14-2-1433. (a) If after a hearing the court determines that one or more grounds for judicial dissolution described in Code Section 14-2-1430 exist, it may enter a decree ordering the corporation dissolved, and the clerk of the court shall deliver a certified copy of the decree to the Secretary of State, who shall file it, with the same effect as a notice of intent to dissolve. (b) After entering the order of dissolution, the court shall direct the winding up and liquidation of the corporation's business and affairs in accordance with Code Section 14-2-1405 and the notification of claimants in accordance with Code Sections 14-2-1406 and 14-2-1407. (c) When the costs and expenses of dissolution proceedings and all debts, obligations, and liabilities of the corporation have been paid and discharged or provided for and all of its remaining assets distributed to its shareholders or provided for or such assets have been deposited with the Department of Administrative Services as provided in Code Section 14-2-1440, the court shall enter a decree of dissolution, and upon filing of the decree with the Secretary of State, it shall have the same effect as articles of dissolution. Part 4 14-2-1440. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or shareholder of the

Page 1224

corporation who cannot be found or who is not competent to receive them shall be reduced to cash and deposited with the Department of Administrative Services for safekeeping. When the creditor, claimant, or shareholder furnishes satisfactory proof of entitlement to the amount deposited, the Department of Administrative Services shall pay him or his representative that amount. After the Department of Administrative Services has held the unclaimed cash for six months, the Department of Administrative Services shall pay such cash to the Board of Regents of the University System of Georgia, to be held without liability for profit or interest until a claim for such cash shall be filed with the Department of Administrative Services by the parties entitled thereto. No such claim shall be made more than six years after such cash is deposited with the Department of Administrative Services. ARTICLE 15 Part 1 14-2-1501. (a) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Secretary of State. (b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing

Page 1225

and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This chapter shall not be deemed to establish a standard for activities which may subject a foreign corporation to taxation or to service of process under any of the laws of this state. 14-2-1502. (a) A foreign corporation transacting business in this state without a certificate of authority may not

Page 1226

maintain a proceeding in any court in this state until it obtains a certificate of authority. (b) The successor to a foreign corporation that transacted business in this state without a certificate of authority and the assignee of a cause of action arising out of that business may not maintain a proceeding based on that cause of action in any court in this state unless before the commencement of the proceeding the foreign corporation or its successor obtains a certificate of authority. (c) Notwithstanding subsections (a) and (b) of this Code section, the failure of a foreign corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defending any proceeding in this state. 14-2-1503. (a) A foreign corporation may apply for a certificate of authority to transact business in this state by delivering an application to the Secretary of State for filing. The application must set forth: (1) The name of the foreign corporation or, if its name is unavailable for use in this state, a corporate name that satisfies the requirements of Code Section 14-2-1506; (2) The name of the state or country under whose law it is incorporated; (3) Its date of incorporation and period of duration; (4) The mailing address of its principal office; (5) The address of its registered office in this state and the name of its registered agent at that office; and (6) The names and usual business addresses of its current directors and officers. (b) The foreign corporation shall deliver with the completed application a certificate of existence (or a document of similar import) duly authenticated by the secretary of

Page 1227

state or other official having custody of corporate records in the state or county under whose law it is incorporated. 14-2-1504. (a) A foreign corporation authorized to transact business in this state must obtain an amended certificate of authority from the Secretary of State if it changes: (1) Its corporate name; (2) The period of its duration; or (3) The state or country of its incorporation. (b) The requirements of Code Section 14-2-1503 for obtaining an original certificate of authority apply to obtaining an amended certificate under this Code section. 14-2-1505. (a) A certificate of authority authorizes the foreign corporation to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this chapter. (b) A foreign corporation with a valid certificate of authority has the same but no greater rights under this chapter and has the same but no greater privileges under this chapter as, and except as otherwise provided by this chapter is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a domestic corporation of like character. (c) This chapter does not authorize this state to regulate the organization or internal affairs of a foreign corporation authorized to transact business in this state. 14-2-1506. (a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-2-401, the foreign corporation to obtain or maintain a certificate of authority to transact business in this state: (1) May add the word `corporation,' `incorporated,' `company,' or `limited,' or the abbreviation `corp.,' `inc.,' `co.,' or `ltd.,' or the name of its state of incorporation to its corporate name for use in this state; or (2) May use a fictitious or trade name to transact business in this state if its real name is unavailable and

Page 1228

it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious or trade name. (b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State from: (1) The corporate name of a corporation incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-403; (3) The fictitious name adopted by a foreign corporation authorized to transact business in this state because its real name is unavailable; (4) The corporate name of a nonprofit corporation incorporated or authorized to transact business in this state; and (5) The name of a limited partnership or professional association filed with the Secretary of State. (c) A foreign corporation may apply to the Secretary of State for authorization to use in this state the name of another corporation (incorporated or authorized to transact business in this state) that is not distinguishable upon his records from the name applied for. The Secretary of State shall authorize use of the name applied for if the other corporation files with the Secretary of State articles of amendment to its articles of incorporation changing its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation. (d) A foreign corporation may use the name (including the fictitious name) of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and: (1) The foreign corporation has merged with the other corporation;

Page 1229

(2) The foreign corporation has been formed by reorganization of the other corporation; or (3) The other domestic or foreign corporation has taken the steps required by this chapter to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the foreign corporation applying to use its former name. (e) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of Code Section 14-2-401, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Code Section 14-2-401 and obtains an amended certificate of authority under Code Section 14-2-1504. 14-2-1507. Each foreign corporation authorized to transact business in this state must continuously maintain in this state: (1) A registered office that may be the same as any of its places of business; and (2) A registered agent, who may be: (A) An individual who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or (C) A foreign corporation or foreign nonprofit corporation authorized to transact business in this state whose business office is identical with the registered office. 14-2-1508. (a) A foreign corporation authorized to transact business in this state may change its registered office or registered agent by delivering to the Secretary of State for filing an amendment to its annual registration that sets forth:

Page 1230

(1) Its name; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of its new registered office; (4) The name of its current registered agent; and (5) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (b) If a registered agent changes the street address of his business office, he may change the street address of the registered office of any foreign corporation for which he is the registered agent by notifying the corporation in writing of the change and signing (either manually or in facsimile) and delivering to the Secretary of State for filing an amendment to the annual registration that complies with the requirements of subsection (a) of this Code section. 14-2-1509. (a) The registered agent of a foreign corporation may resign his agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the agent's intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation if no annual registration has been filed, on or before the date of filing of the statement. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. 14-2-1510. (a) The registered agent of a foreign corporation authorized to transact business in this state is the

Page 1231

corporation's agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation. (b) A foreign corporation may be served by service upon the Secretary of State, as agent of the corporation upon whom any process may be served, together with service by registered or certified mail, return receipt requested, addressed to the chief executive officer, chief financial officer, or secretary of the foreign corporation, or a person holding a position comparable to any of the foregoing, at its principal office shown in the later of its application for a certificate of authority or its most recent annual registration if the foreign corporation: (1) Has no registered agent or its registered agent cannot with reasonable diligence be served; (2) Has withdrawn from transacting business in this state under Code Section 14-2-1520; or (3) Has had its certificate of authority revoked under Code Section 14-2-1531. (c) Service is perfected under subsection (b) of this Code section at the earliest of: (1) The date the foreign corporation receives the mail; (2) The date shown on the return receipt, if signed on behalf of the foreign corporation; or (3) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed. (d) This Code section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation. Part 2 14-2-1520. (a) A foreign corporation authorized to transact business in this state may not withdraw from this

Page 1232

state until it obtains a certificate of withdrawal from the Secretary of State. (b) A foreign corporation authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the Secretary of State for filing. The application must set forth: (1) The name of the foreign corporation and the name of the state or country under whose law it is incorporated; (2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state; (3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state; (4) A mailing address to which a copy of any process served on him under paragraph (3) of this subsection may be mailed under subsection (c) of this Code section; and (5) A commitment to notify the Secretary of State in the future of any change in its mailing address. (c) After the withdrawal of the corporation is effective, service of process on the Secretary of State under this Code section is service on the foreign corporation. Any party that serves process upon the Secretary of State in accordance with this subsection shall also mail a copy of the process to the chief executive officer, chief financial officer, the secretary of the foreign corporation, or a person holding a comparable position, at the mailing address set forth under subsection (b) of this Code section. Part 3 14-2-1530. The Secretary of State may commence a proceeding under Code Section 14-2-1531 to revoke the certificate

Page 1233

of authority of a foreign corporation authorized to transact business in this state if: (1) The foreign corporation does not deliver its annual registration to the Secretary of State within 60 days after it is due; (2) The foreign corporation does not pay within 60 days after they are due any fees, taxes, or penalties imposed by this chapter or other law; (3) The foreign corporation is without a registered agent or registered office in this state for 60 days or more; (4) The foreign corporation does not inform the Secretary of State under Code Section 14-2-1508 or 14-2-1509 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance; (5) An incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing; or (6) The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger. 14-2-1531. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-2-1530 for revocation of a certificate of authority, he shall provide the foreign corporation with written notice of his determination by mailing a copy of the notice, first-class mail, to the foreign corporation at the last known address of its principal office or to the registered agent. (b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction

Page 1234

of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the corporation, the Secretary of State may revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. (c) The authority of a foreign corporation to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority. (d) The Secretary of State's revocation of a foreign corporation's certificate of authority appoints the Secretary of State as the foreign corporation's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign corporation was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign corporation. Any party that serves process upon the Secretary of State shall also mail a copy of the process to the chief executive officer, chief financial officer, or the secretary of the foreign corporation, or a person holding a comparable position, at its principal office shown in its most recent annual registration or in any subsequent communication received by the Secretary of State from the corporation stating the current mailing address of its principal office, or, if none is on file, in its application for a certificate of authority. (e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation. 14-2-1532. (a) A foreign corporation may appeal the Secretary of State's revocation of its certificate of authority to the Superior Court of Fulton County within 30 days after service of the certificate of revocation is perfected under Code Section 14-2-1510. The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation. (b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate.

Page 1235

(c) The court's final decision may be appealed as in other civil proceedings. Part 4 14-2-1540. (a) A foreign corporation which prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which is a domesticated foreign corporation on that date shall have perpetual duration as a domesticated foreign corporation of this state unless its existence is terminated in its jurisdiction of incorporation or its domesticated status is dissolved in accordance with the provisions of this chapter relating to involuntary dissolution or until such time as it withdraws from this state in the manner provided in this chapter. Such domesticated foreign corporations and the shareholders thereof shall have all the rights, privileges, and immunities, and be subject to all the duties, liabilities, and disabilities applicable to similar corporations organized under the laws of this state and applicable to the shareholders thereof, except as may be provided with respect to such domesticated foreign corporations by any of the laws of this state existing on April 1, 1969, or coming into existence thereafter. (b) Whenever the term `foreign corporation authorized to transact business in this state' is used in this chapter, it shall be deemed to include domesticated foreign corporations except where the context or this chapter otherwise requires. ARTICLE 16 Part 1 14-2-1601. (a) A corporation shall keep as permanent records minutes of all meetings of its shareholders and board of directors, executed consents evidencing all actions taken by the shareholders or board of directors without a meeting, a record of all actions taken by a committee of the board of directors in place of the board of directors on behalf of the corporation, and waivers of notice of all meetings of the board of directors and its committees. (b) A corporation shall maintain appropriate accounting records.

Page 1236

(c) A corporation or its agent shall maintain a record of its shareholders, in a form that permits preparation of a list of the names and addresses of all shareholders, in alphabetical order by class of shares showing the number and class of shares held by each. (d) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time. 14-2-1602. (a) A corporation shall keep a copy of the following records: (1) Its articles or restated articles of incorporation and all amendments to them currently in effect; (2) Its bylaws or restated bylaws and all amendments to them currently in effect; (3) Resolutions adopted by either its shareholders or board of directors increasing or decreasing the number of directors, the classification of directors, if any, and the names and residence addresses of all members of the board of directors; (4) Resolutions adopted by its board of directors creating one or more classes or series of shares, and fixing their relative rights, preferences, and limitations, if shares issued pursuant to those resolutions are outstanding and any resolutions adopted by the board of directors that affect the size of the board of directors; (5) The minutes of all shareholders' meetings, executed waivers of notice of meetings, and executed written consents evidencing all action taken by shareholders without a meeting, for the past three years; (6) All written communications to shareholders generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-2-1620; (7) A list of the names and business addresses of its current directors and officers; and

Page 1237

(8) Its most recent annual registration delivered to the Secretary of State under Code Section 14-2-1622. (b) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at the corporation's principal office, any of the records of the corporation described in subsection (a) of this Code section if he gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy. (c) A shareholder of a corporation is entitled to inspect and copy, during regular business hours at a reasonable location specified by the corporation, any of the following records of the corporation if the shareholder meets the requirements of subsection (d) of this Code section and gives the corporation written notice of his demand at least five business days before the date on which he wishes to inspect and copy: (1) Excerpts from minutes of any meeting of the board of directors, records of any action of a committee of the board of directors while acting in place of the board of directors on behalf of the corporation, minutes of any meeting of the shareholders, and records of action taken by the shareholders or board of directors without a meeting, to the extent not subject to inspection under subsection (a) of this Code section; (2) Accounting records of the corporation; and (3) The record of shareholders. (d) A shareholder may inspect and copy the records described in subsection (c) of this Code section only if: (1) His demand is made in good faith and for a proper purpose that is reasonably relevant to his legitimate interest as a shareholder; (2) He describes with reasonable particularity his purpose and the records he desires to inspect; (3) The records are directly connected with his purpose; and

Page 1238

(4) The records are to be used only for the stated purpose. (e) The right of inspection granted by this Code section may not be abolished or limited by a corporation's articles of incorporation or bylaws. However, the right to inspection enumerated in subsection (c) of this Code section may be limited by a corporation's articles of incorporation or bylaws for shareholders owning 2 percent or less of the shares outstanding. (f) This Code section does not affect: (1) The right of a shareholder to inspect records under Code Section 14-2-720 or, if the shareholder is in litigation with the corporation, to the same extent as any other litigant; or (2) The power of a court, independently of this chapter, to compel the production of corporate records for examination. (g) For purposes of this Code section, `shareholder' includes a beneficial owner whose shares are held in a voting trust or by a nominee on his behalf. 14-2-1603. (a) A shareholder's agent or attorney has the same inspection and copying rights as the shareholder he represents. (b) The right to copy records under Code Section 14-2-1602 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. (c) The corporation may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the shareholder. The charge may not exceed the estimated cost of production or reproduction of the records. (d) A corporation shall convert into written form without charge any record of shareholders not in written form, upon written request of a person entitled to inspect them.

Page 1239

(e) The corporation may comply with a shareholder's demand to inspect the record of shareholders under paragraph (3) of subsection (b) of Code Section 14-2-1602 by providing him with a list of its shareholders that was compiled no earlier than the date of the shareholder's demand. 14-2-1604. (a) If a corporation does not allow a shareholder who complies with subsection (b) of Code Section 14-2-1602 to inspect and copy any records required by that subsection to be available for inspection, the superior court of the county where the corporation's registered office is located may summarily order inspection and copying of the records demanded at the corporation's expense upon application of the shareholder. (b) If a corporation does not within a reasonable time allow a shareholder to inspect and copy any other record, the shareholder who complies with subsections (c) and (d) of Code Section 14-2-1602 may apply to the superior court in the county where the corporation's registered office is located for an order to permit inspection and copying of the records demanded. The court shall dispose of an application under this subsection on an expedited basis. (c) If the court orders inspection and copying of the records demanded, it shall also order the corporation to pay the shareholder's costs (including reasonable attorneys' fees) incurred to obtain the order unless the corporation proves that it refused inspection in good faith because it had a reasonable basis for doubt about the right of the shareholder to inspect the records demanded. (d) If the court orders inspection and copying of the records demanded, it may impose reasonable restrictions on the use or distribution of the records by the demanding shareholder. Part 2 14-2-1620. (a) Not later than four months after the close of each fiscal year and in any case prior to the annual meeting of shareholders, each corporation shall prepare (1) a balance sheet showing in reasonable detail the financial

Page 1240

condition of the corporation as of the close of its fiscal year, and (2) a profit and loss statement showing the results of its operation during its fiscal year. Upon written request, the corporation promptly shall mail to any shareholder of record a copy of the most recent balance sheet and profit and loss statement. If prepared for other purposes, the corporation shall also furnish upon written request a statement of sources and applications of funds and a statement of changes in shareholders' equity for the fiscal year. If financial statements are prepared by the corporation on the basis of generally accepted accounting principles, the annual financial statements must also be prepared, and disclose that they are prepared, on that basis. If financial statements are prepared otherwise than on the basis of generally accepted accounting principles, they must so disclose and must be prepared on the same basis as other reports or statements prepared by the corporation for the use of others. (b) If the annual financial statements are reported upon by a public accountant, his report must accompany them. If not, the statements must be accompained by a statement of the president or the person responsible for the corporation's accounting records: (1) Stating his reasonable belief whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and (2) Describing any respects in which the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year. 14-2-1621. If a corporation indemnifies or advances expenses to a director under Code Section 14-2-851, 14-2-852, 14-2-853, or 14-2-854 in connection with a proceeding by or in the right of the corporation, the corporation shall report the indemnification or advance in writing to the shareholders with or before the notice of the next shareholders' meeting. 14-2-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:

Page 1241

(1) The name of the corporation and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. ARTICLE 17 14-2-1701. (a) Subject to the limitations of subsection (b) of this Code section, this chapter shall apply: (1) To all corporations for profit, existing on or formed after July 1, 1989, including corporations for profit

Page 1242

organized under or subject to any prior general corporation law of this state; (2) To all corporations for profit created by special Act of the General Assembly as to which power has been reserved to withdraw the franchise; (3) To any corporation, organization, professional association, or association, to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to the corporation, organization, professional association, or association; and (4) To any corporation organized under any statute of this state or if it were originally created by special Act of the General Assembly without reservation of power to withdraw the franchise, if under any prior general corporation law of this state the corporation either has amended its charter or has been a party to a merger or a consolidation, and also to any corporation which after July 1, 1989, in an amendment to its articles of incorporation or restatement of its articles of incorporation or in a merger, elects to be subject to this chapter. Any corporation to which this chapter applies by reason of this paragraph shall have all the rights, privileges, franchises, immunities, and powers and shall be subject to all the duties, liabilities, and disabilities of a corporation to which this chapter applies as well as of the statute or special Act by which the corporation was originally created; but in the event of a conflict between the statute or special Act and this chapter, the statute or special Act shall govern. (b) This chapter shall not apply: (1) To corporations organized under a statute of this state other than either this chapter or any prior general corporation law, except to the extent that the former general corporation law or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to those corporations;

Page 1243

(2) To any corporation originally created by special Act of the General Assembly as to which power has not been reserved to withdraw the franchise, except as otherwise provided in subsection (a) of this Code section; (3) To any corporation originally created by an Act of the General Assembly as to which power has been reserved to withdraw the franchise, if the purpose of the corporation would require its organization to take place under a statute other than this chapter if it were being organized after July 1, 1989, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to corporations organized for that purpose; (4) To any public authority created by an Act of the General Assembly, except to the extent that the former general corporation law of this state or any of its provisions or this chapter or any of its provisions specifically have been or shall be made applicable to the public authority; or (5) To corporations of any class, to the extent that the class is specifically exempted from this chapter or any of its provisions. (c) This chapter shall not impair the existence of any corporation existing on July 1, 1989. Any existing corporation to which this chapter is applicable and its shareholders, directors, and officers shall have the same rights and be subject to the same limitations, restrictions, liabilities, and penalties as a corporation formed under this chapter and its shareholders, directors, and officers. (d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1989, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions.

Page 1244

(e) This chapter shall apply to commerce with foreign nations and among the several states only insofar as the application may be permitted under the Constitution and laws of the United States. 14-2-1702. A foreign corporation authorized to transact business in this state on July 1, 1989, is subject to this chapter but is not required to obtain a new certificate of authority to transact business under this chapter. 14-2-1703. (a) Except as provided in subsection (b) of this Code section, the amendment or repeal of a statute by this chapter does not affect: (1) The operation of the statute or any action taken under it before its repeal; (2) Any ratification, right, remedy, privilege, obligation, cause of action, liability, penalty, or action or special proceeding acquired, accrued, or incurred under the statute before its repeal except as provided in subsection (f) of Code Section 14-2-630, Code Section 14-2-1332, and Code Section 14-2-1407; but the same, as well as actions that are pending on July 1, 1989, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed; (3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) Transactions validly entered into before July 1, 1989, and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute repealed by this chapter as though the repeal had not occurred; or (5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed.

Page 1245

(b) If a penalty or punishment imposed for violation of a statute repealed by this chapter is reduced by this chapter, the penalty or punishment if not already imposed shall be imposed in accordance with this chapter. Section 2 . Said title is further amended by repealing Code Sections 14-5-5, relating to personal use or borrowing of corporate property by an officer or director, and 14-5-10, relating to derivative actions, which read as follows: 14-5-5. No director or officer of any corporation shall use or borrow for himself directly or indirectly any money or other property belonging to any corporation of which he is a director or officer without the permission of a majority of the board of directors or of a majority of a committee of the board authorized to act for the board. 14-5-10. All derivative actions shall be governed by Code Sections 14-2-123 and 14-2-153., in their entirety. Section 3 . This Act shall become effective on July 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1246

TELEPHONESSOLICITATIONS FOR CALLS TO 976 NUMBERS; AUTOMATIC DIALING EQUIPMENT; U.S. MAIL. Code Section 46-5-24 Enacted. No. 1320 (House Bill No. 1284). AN ACT To amend Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, so as to prohibit access to the use of certain telephone numbers when solicitations to call such numbers are made with certain automated dialing equipment or are made through the United States mail; to make it unlawful for users of certain telephone numbers to solicit calls to such telephone numbers through the use of certain automated dialing equipment or through the use of the United States mail; to provide for enforcement; to provide for penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone services, generally, is amended by adding at the end thereof a new Code Section 46-5-24 to read as follows: 46-5-24. (a) As used in this Code section, the term: (1) `ADAD equipment' means any device or system of devices which is used, whether alone or in conjunction with other equipment, for the purpose of automatically selecting or dialing telephone numbers and disseminating prerecorded messages to the number so selected or dialed. (2) `976 number' means any seven-digit telephone number the first three digits of which are 976 or any other combination of numbers and for which a per-call fee is charged for calling such telephone number.

Page 1247

(b) (1) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of ADAD equipment for the purpose of soliciting any person to call such 976 number. (2) It shall be unlawful for any person making use of a 976 number for the receipt of incoming calls to use, to employ or direct another person to use, or to contract for the use of the United States mail for the purpose of soliciting any person to call such 976 number. (c) No telephone exchange company shall provide access to a 976 number or numbers to any person who solicits calls to such number or numbers through the use of ADAD equipment or through the use of the United States mail. The telephone exchange companies shall, upon the order of the commission, withdraw access to a 976 number or numbers from any person if calls to such number or numbers are solicited by ADAD equipment or are solicited through the use of the United States mail. (d) The provisions of this Code section shall supersede any rule, regulation, or order governing the use of 976 numbers if such is in conflict with this Code section. Except for criminal sanctions, the commission is charged with the responsibility of enforcing this Code section. Any person who violates any provision of this Code section shall be subject to disconnection of 976 number telephone service if the commission determines that any violation has occurred and upon the commission's, thereafter, issuing an order directing such disconnection. (e) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a misdemeanor. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1248

DOMESTIC RELATIONSFAMILY VIOLENCE; PETITIONS; ALLEGATIONS. Code Section 19-13-3 Amended. No. 1321 (House Bill No. 1399). AN ACT To amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, so as to change the provisions relating to allegations in verified petitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of a petition seeking relief from family violence, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1249

DOMESTIC RELATIONSVIOLATIONS OF DOMESTIC VIOLENCE ORDERS; PENALTIES. Code Section 19-13-6 Amended. No. 1322 (House Bill No. 1400). AN ACT To amend Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, so as to change the provisions relating to actions which constitute violations for which penalties may be imposed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-13-6 of the Official Code of Georgia Annotated, relating to penalties for violation of domestic violence orders, is amended by striking subsection (b), which reads as follows: (b) Any person who: (1) Violates the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household; and (2) Refuses to leave that residence or household when requested shall be guilty of a misdemeanor., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any person who violates the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household shall be guilty of a misdemeanor.

Page 1250

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. DOMESTIC RELATIONSFAMILY VIOLENCE; PROTECTIVE ORDERS; ENFORCEMENT. Code Section 19-13-4 Amended. No. 1323 (House Bill No. 1406). AN ACT To amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, so as to provide that the court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to granting of protective orders and approval of consent agreements, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) The court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approval April 7, 1988.

Page 1251

FAMILY VIOLENCEDEFINITION; ARRESTS. Code Sections 17-4-20 and 19-13-1 Amended. No. 1324 (House Bill No. 1407). AN ACT To amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to change the provisions relating to arrests for acts of family violence and for offenses occurring between certain persons; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, so as to change the definition of the term family violence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (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. Section 2 . Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the granting of relief by superior courts in cases of family violence, is amended by striking Code Section 19-13-1, relating to the definition of the term family violence, and inserting in lieu thereof a new Code Section 19-13-1 to read as follows:

Page 1252

19-13-1. As used in this article, the term `family violence' means the occurrence of one or more of the following acts between past or present spouses, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living in the same household: (1) Any felony; or (2) Commission of offenses of battery, assault, criminal damage to property, unlawful restraint, or criminal trespass. The term `family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. EDUCATIONSTATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATION CHANGED TO STATE BOARD OF TECHNICAL AND ADULT EDUCATION; DEPARTMENT OF TECHNICAL AND ADULT EDUCATION ESTABLISHED. Code Title 20, Chapters 2 and 4 Amended. Code Sections 45-20-2 and 50-16-38 Amended. No. 1325 (House Bill No. 1403). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the name of the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to create the office of adult literacy within the State Board of Technical and Adult Education;

Page 1253

to provide for the powers, duties, and responsibilities of the State Board of Technical and Adult Education in providing technical education, adult education, and general educational development programs; to change the name of the executive director of postsecondary and vocational education to the commissioner of technical and adult education; to create the Adult Literacy Advisory Committee; to establish the Department of Technical and Adult Education and to provide for its powers, duties, and responsibilities; to empower the Department of Technical and Adult Education to buy and sell real and personal property in connection with its postsecondary technical education program; to transfer from the Department of Education to the State Board of Technical and Adult Education such authority, provisions, and personnel positions presently used by the Department of Education to administer adult literacy and general educational development programs; to redesignate the provisions relating to postsecondary technical education; to make certain editorial corrections by changing references in the provisions relating to the quick start program from the State Board of Education to the State Board of Technical and Adult Education; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, so as to change a reference to the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education; to amend Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisitions of real property by the State Properties Commission, so as to change certain 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking in their entirety Code Sections 20-2-304, 20-2-311, 20-2-1140, 20-2-1141, and 20-4-100, which read as follows: 20-2-304. (a) The State Board of Education shall maintain an adult general education program. This program shall provide instruction in basic skills and subjects to individuals 18 years of age and older who have left school and

Page 1254

who have less than an eighth-grade education or its equivalent. Instruction in a variety of skills and subjects may be provided for individuals who have more than an eighth-grade education or its equivalent. Priority shall be given to elimination of illiteracy in the state and to the attainment of general educational development (GED) equivalency diplomas. Programs of general education for adults should serve to improve the ability of the individual to profit from occupational training and meet adult responsibilities more effectively. Individuals who are 16 or 17 years of age and who have withdrawn from school prior to graduation for a period of four or more months shall be eligible to enroll in adult education programs if they receive written approval from the superintendent of the local school system or the superintendent's designee. However, the language contained in this subsection shall in no way prohibit a student who withdrew from school prior to graduation due to marriage, pregnancy, childbirth, or complications thereof from reenrolling in the regular general education program pursuant ti Code Section 20-2-150. (b) Except where prohibited by federal law, rules, or regulations, local units of administration shall be authorized to utilize personnel funded under this Code section to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult education. (c) The State Board of Education is authorized to receive federal funds allotted to Georgia for adult education. The state board shall establish policies, regulations, and standards relating to implementation and operation of general education programs for adults. To be eligible for state and federal funds, all programs shall be operated in accordance with state board policies, regulations, and standards. Any other Code section of this article to the contrary notwithstanding, the state board shall annually request of the General Assembly funds for adult general education and is authorized to utilize such state and federal funds to contract with local units of administration and other public agencies to finance adult general education for eligible individuals. 20-2-311. (a) (1) There is established a State Board of Postsecondary Vocational Education consisting of not

Page 1255

less than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large appointments. Members shall represent business, industry, or economic development. The board shall elect from its members a chairman, vice chairman, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy and the person so appointed shall serve for the unexpired term of office. (2) The State Board of Postsecondary Vocational Education shall be empowered to: (A) Approve occupational programs of two-year duration or less; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia; (B) Receive and hold title to property, equipment, money, and materials; (C) Solicit and receive funds from the general public, corporate underwriters, and foundations; (D) Contract with other state, federal, or local schools and organizations, individuals, or other legal entities; (E) Select and employ an executive director and staff and prescribe the duties and compensation thereof; (F) Establish and promulgate standards, policies, and procedures for the orderly and efficient operation of postsecondary area vocational-technical schools, programs, and institutions, to include but not be limited to, developing criteria for employment

Page 1256

and retention of faculty and staff, student admissions, program approval, salaries, tuition, and fees; long and short-term planning to include facilities, program standards, length and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector, industry-education partnerships, data collection, representing postsecondary vocational-technical education in all forums, and such other functions necessary to assure a state-wide system of schools with centralized and specialized leadership at the state level; and (G) Establish local boards of directors for post-secondary vocational-technical schools which it operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall be empowered to contract with local boards for such services as the state board deems necessary. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic development. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local board of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in paragraph (4) of this subsection for state board members. (3) The State Board of Postsecondary Vocational Education shall exercise state-level leadership, management, and operational control over postsecondary area vocational-technical schools, programs, and services including such postsecondary vocational schools now operated by the state and shall provide for a comprehensive program of career, occupational, and vocational-technical

Page 1257

education for adults and out-of-school youths. The purpose of this program shall be to promote the economic well-being of Georgia citizens by providing high quality postsecondary and adult vocational-technical education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment; and to provide a system of schools which is a full partner in economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state. (4) The members of the State Board of Postsecondary Vocational Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the State Merit System are reimbursed. For those State Board of Postsecondary Vocational Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Postsecondary Vocational Education. (5) The State Board of Postsecondary Vocational Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. (6) The State Board of Postsecondary Vocational Education shall adopt procedures for the conduct of its activities. (7) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall annually determine the

Page 1258

amount of funds needed to provide postsecondary and adult vocational-technical education programs for business and industry and for adults and out-of-school youths and shall annually request the General Assembly to make such appropriations as are needed. The State Board of Education is designated as the `sole state agency' to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or vocational-technical education; however, those funds appropriated for the operation and management of post-secondary vocational-technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Postsecondary Vocational Education; further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Those personnel positions authorized for fiscal year 1986 for the operation and management of the postsecondary area vocational-technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the State Board of Postsecondary Vocational Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the State Merit System. (8) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration and to other state and local agencies to be used for career, occupational, and vocational education. (9) Any other Code section of this article to the contrary notwithstanding, and subject to appropriation by the General Assembly, the State Board of Postsecondary Vocational Education may adopt such salary and salary supplement schedules deemed necessary to carry out

Page 1259

paragraph (8) of this subsection and shall establish policies, regulations, and standards relating to and necessary for the implementation of this Code section. (10) Any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of postsecondary and adult vocational-technical education programs and service to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools shall be made by the State Board of Postsecondary Vocational Education. Commensurate with this authority the board shall exercise state-level management and operational control over the postsecondary area vocational-technical schools and adult vocational centers. (11) Nothing in this Code section shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of education to operate schools. (12) The State Board of Postsecondary Vocational Education shall establish those policies, standards, operating procedures, and control measures necessary to provide a modern system of postsecondary vocational-technical schools which is highly responsive to the occupational education and training needs of business, industry, and students and which enhances the state's competitive position for economic development. (13) The State Board of Postsecondary Vocational Education shall appoint an executive director and shall fix his compensation, duties, and responsibilities consistent with the provisions of this article. The executive director shall exercise the overall supervision and direction of the staff of the State Board of Postsecondary Vocational Education and shall serve at the pleasure of the State Board of Postsecondary Vocational Education. The State Board of Postsecondary Vocational Education may assign and delegate to the executive director such responsibilities, powers, and duties as the State Board of Postsecondary Vocational Education may deem proper and appropriate, including the authority to execute in behalf

Page 1260

of the State Board of Postsecondary Vocational Education legal documents and other filings. (14) The executive director shall be responsible for implementing the policies of the State Board of Postsecondary Vocational Education and for the day-to-day operations of the State Board of Postsecondary Vocational Education. The executive director shall develop job descriptions for the necessary administration, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the State Board of Postsecondary Vocational Education. (15) Newly hired professional personnel employed for the first time by the State Board of Postsecondary Vocational Education on or after July 1, 1985, and all fulltime nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel select membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The State Board of Postsecondary Vocational Education shall provide by regulation for informing prospective employees of the option provided for by this paragraph so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment. (16) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board

Page 1261

of education or area postsecondary vocational education board as of July 1, 1987, or the date which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Postsecondary Vocational Education or any postsecondary vocational school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations. (17) Employees of postsecondary vocational-technical schools governed by the state board shall serve in the unclassified service of the State Merit System as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the State Merit System as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. (18) Employees of postsecondary vocational-technical schools governed by the state board who are appointed after July 1, 1987, or after the date on which the state board assumes governance of the postsecondary vocational-technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the state board. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the state board deems appropriate.

Page 1262

(19) Employees of postsecondary vocational-technical schools formerly operated by a local board of education or area postsecondary vocational education board shall as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school make a choice as follows as to which salary and which benefit plan shall govern their employment: (A) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the state board. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the state board. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary vocational education boards; (B) The salary earned as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later, and the benefits available to state employees employed by the state board as of the same date, provided that the state board may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accordance with the state board compensation plan; or (C) Employees of postsecondary vocational-technical schools formerly operated by local boards of education

Page 1263

or area postsecondary vocational-technical boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by subparagraph (B) of this paragraph. (20) Employees in the classified service of the State Merit System who are employed by postsecondary vocational-technical schools governed by the state board who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election. (21) An employee of a postsecondary vocational-technical school governed by the state board may be granted an amount of initial accrued sick and annual leave; provided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the state board; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school, whichever is later; provided, further, any leave granted under this paragraph shall be subject to the same limitations as leave accrued while employed by the state board, including forfeiture. (22) Employees of postsecondary vocational-technical schools governed by the state board shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board. (23) Employees of postsecondary vocational-technical schools governed by the state board shall receive days

Page 1264

off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may by policy establish conditions regulating such days off with pay. Such employees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purposes of determining the number of annual leave days authorized to be accrued by the rules and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary vocational education boards shall be counted as years of experience in the employment of the vocational-technical schools governed by the state board. (b) Any other Code section of this article to the contrary notwithstanding, the State Board of Postsecondary Vocational Education shall assume the management, operation, and control of the Quick Start Program. The State Board of Education shall transfer to the State Board of Postsecondary Vocational Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this Code section. (c) Upon a postsecondary vocational-technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary vocational-technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose. 20-2-1140. (a) It shall be the duty of the State Board of Education and it shall have the power: (1) To perform research, collect data and statistics, and procure surveys of any and all communities, districts, or vicinities of the state looking to the obtaining of a more detailed, definite, and particular knowledge as to the true conditions of the state with regard to its adult illiteracy;

Page 1265

(2) To encourage and promote the establishment of schools for adult illiterates and to cooperate with other state, county, or federal agencies in the elimination of adult illiteracy; (3) To report regularly the results of its labors to the General Assembly; (4) To interest persons and institutions in the dispensation of any and all funds and endowments of whatsoever kind which will or may aid in the elimination of the adult illiteracy of the state; and (5) To do or perform any other act which in their discretion will contribute to the elimination of the state's adult illiteracy by means of education, instruction, and enlightenment. (b) The state board may receive, accept, hold, own, distribute, and expend any and all funds or other things of value with which it may be endowed or may otherwise receive for the purpose of educating, instructing, or enlightening illiterate persons in this state. The board shall be controlled by such regulations as it may adopt for the expenditure or disbursement of such funds; provided, however, that any and all such funds which may come to the hands of the state board shall be expended in keeping with the general purposes of this Code section and Code Section 20-2-1141. 20-2-1141. The State Board of Education shall adopt such rules and regulations as may seem expedient to it for the carrying on of its business in regard to adult illiteracy in the manner which shall seem to it most systematic and satisfactory. 20-4-100. (a) The State Board of Postsecondary Vocational Education is authorized and directed to promulgate rules and regulations for the charging of tuition fees by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education. (b) Any vocational-technical school operated by a local board of education, an independent board of trustees, or the

Page 1266

State Board of Postsecondary Vocational Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Postsecondary Vocational Education. (c) The State Board of Postsecondary Vocational Education may from time to time amend its rules and regulations concerning charging of tuition fees. (d) Tuition fees charged by vocational-technical schools operated by local boards of education, independent boards of trustees, and the State Board of Postsecondary Vocational Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources. (e) The State Board of Postsecondary Vocational Education shall not withhold from any vocational-technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the State Board of Postsecondary Vocational Education to such school by contract, grant, or otherwise. Section 2 . Said title is further amended by striking Article 2 of Chapter 4 which reads as follows: ARTICLE 2 20-4-20. The State Board of Education is authorized to locate, set up, establish, operate, maintain, and carry on state area trade, vocational, and industrial, schools for teaching vocational, industrial, and trade subjects. 20-4-21. To better enable the State Board of Education to locate properly and carry on the state area schools as provided in Code Section 20-4-20, the state board is authorized to contract for and purchase real estate and building sites; to build, construct, and properly equip and maintain for teaching and boarding students all necessary buildings and houses; and to contract for, purchase, maintain, repair, and supply all necessary machinery, equipment, instructional supplies, and maintenance equipment. 20-4-22. The State Board of Education is authorized:

Page 1267

(1) To accept and receive donations and gifts of both real and personal property, including machinery and equipment, from either public or private sources if offered unconditionally or under conditions related to the teaching of vocational, industrial, or trade courses; (2) To accept, receive, use, distribute, and administer any and all appropriations that may be made by Congress to assist the state in the maintenance and operation of state area trade, industrial, or vocational schools; (3) To administer all funds allocated or appropriated by the state for setting up, maintaining, and operating such state area schools; (4) To manage, administer, and use all funds that may be given or donated by individuals or other public or private agencies for setting up, maintaining, and operating such state area schools; and (5) To allocate and distribute to the different state area schools established by virtue of this article in such proportions as may in its discretion be most advantageous to the state as a whole any and all machinery and equipment which is owned or held by the state board or which may hereafter be obtained or acquired. 20-4-23. The State Board of Education is authorized to adopt, promulgate, and establish rules and regulations for the operation of state area trade, vocational, and industrial schools; to provide for the entrance and enrollment of students for courses; to fix and prescribe courses of study to be taught; to prescribe the ages, requirements, and conditions under which students may be received for instructions in such schools; and to prescribe and arrange for classes and courses in the different vocations and trades. 20-4-24. The State Board of Education is authorized to employ necessary teachers, supervisors, and directors of vocational training for carrying on and operating area trade schools set up, established, and operated by virtue of the authority invested in the state board by this article; and the state board is authorized to fix and pay the salaries

Page 1268

and expenses of such employees out of funds made available by appropriations of Congress, the state, and gifts or donations for such purposes. The state board is also authorized where funds are made available therefor to provide for transportation of trainees to and from state area schools established under authority of this article, this power to be exercised in the discretion of the state board. 20-4-25. (a) Each person employed on a full-time basis by a state area trade, vocational, or industrial school shall be entitled to sick leave with full pay computed on the basis of 1 1/4 working days for each completed school month of service, such leave to be cumulative over each school year; provided, however, unused sick leave may be accumulated under rules and regulations adopted by the State Board of Education. Such an employee may utilize sick leave upon the approval of the director of the school in which such employee is employed for absence due to illness or injury or necessitated by exposure to contagious disease in which the health of others would be endangered by his attendance on duty or due to illness or death in the employee's immediate family. Employees 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. No employee utilizing sick leave under this Code section shall be required to pay the cost of employing a substitute to serve in his absence on such sick leave. (b) During any shcool year, an employee covered by subsection (a) of this Code section may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting himself from his duties for personal or professional reasons if prior approval of his absence is given by the director or his authorized representative. 20-4-26. Nothing in this article shall be construed as repealing, changing, or modifying any of the laws now in force relative to vocational training in the public schools of the state or as repealing, changing, or modifying the laws relative thereto or the method of distribution of funds to public schools for teaching vocational subjects; but this article shall be construed as giving and granting additional and

Page 1269

supplemental powers relative to the teaching of vocational subjects and courses., and inserting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 20-4-10. (a) There is established a State Board of Technical and Adult Education consisting of not fewer than 15 members who shall be appointed by the Governor and confirmed by the Senate for five-year terms, one from each congressional district and five at-large members. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office. (b) As used in this article, the term `state board' means the State Board of Technical and Adult Education. 20-4-11. The State Board of Technical and Adult Education shall be empowered to: (1) Provide for a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths. Such program shall promote the economic well-being of Georgia citizens by providing high quality postsecondary technical and adult literacy education programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment and which is highly responsive to individuals needing to achieve basic, general and specialized literacy. Such program shall also provide a system of schools which is a full partner in the economic development and expansion of the state's

Page 1270

economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state; (2) Establish and promulgate standards, rules, regulations, and policies for the orderly and efficient operation of the Department of Technical and Adult Education and of postsecondary technical schools, programs, and institutions, including those which it operates and those operated by local and area boards of education, and for the orderly and efficient provision of adult literacy education programs: (A) Such standards, rules, regulations, and policies may include but not be limited to developing criteria for the recruitment, employment and retention of faculty and staff; recruitment of students and student admissions; program approval, salaries and salary supplements, tuition, and fees; eligibility of public and private providers of adult literacy education programs for state and federal funds, levels of funding for such providers and associated levels of required provider matching funds; long and short-term planning to include facilities, program standards, and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector; industry and education partnerships; research and data collection; representing postsecondary technical and adult literacy education in all forums; and such other functions necessary to assure an effective and efficient state-wide system of post-secondary technical schools and adult literacy education with leadership at the state level; and (B) For adult literacy programs, the state board shall establish: (i) One set of standards for public adult literacy providers and another set of standards for private adult literacy providers. The public standards shall be more comprehensive and detailed than the private standards; and

Page 1271

(ii) Standards and requirements for the attainment of a high school equivalency certificate which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs and which shall also be at least equal to the requirements established for a general educational development equivalency diploma. The State Board of Technical and Adult Education shall also adopt and administer an instrument to measure the level of achievement required to obtain a high school equivalency certificate; (3) Select and employ a commissioner of technical and adult education and fix his compensation, duties, and responsibilities consistent with the provisions of this article. The commissioner shall: (A) Exercise the overall supervision and direction of the Department of Technical and Adult Education and shall serve at the pleasure of the State Board of Technical and Adult Education. The State Board of Technical and Adult Education may assign and delegate to the commissioner such responsibilities, powers, and duties as the State Board of Technical and Adult Education may deem proper and appropriate, including the authority to execute on behalf of the State Board of Technical and Adult Education legal documents and other filings; and (B) Be responsible for implementing the policies of the State Board of Technical and Adult Education and for the day-to-day operations of the Department of Technical and Adult Education. The commissioner shall develop job descriptions for the necessary administrative, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the Department of Technical and Adult Education; (4) Establish an Adult Literacy Advisory Committee to advise and assist the state board in developing goals, objectives, policies, methods, and standards for the delivery

Page 1272

of adult literacy programs. This committee will further assist the state board by communicating and facilitating the adoption of such goals, objectives, policies, methods, and standards by the organizations and groups which its members represent. Each member of this committee shall be reimbursed for actual expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members; (5) Establish local boards of directors for postsecondary technical schools which the state board operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic development. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local boards of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members; (6) Establish service delivery areas as required to carry out the state board's mission in delivering, supervising, funding, administering, coordinating, and monitoring adult literacy education; and (7) Establish a local adult literacy advisory committee for each service delivery area which it establishes. The purpose of each such committee shall be to identify and recommend goals, objectives, target groups, programs, curricula, and delivery methods for adult literacy programs; to develop and recommend associated short and long-range plans; to recommend a fiscal agent; and to perform other activities as may be directed by the state board to provide for the most effective and efficient delivery of adult literacy programs in the local committee's

Page 1273

service delivery area. The state board shall establish the number of members of each local committee and the terms of office thereof, provided that all members of any local committee shall represent the area defined by the state board to be the adult literacy service delivery area; provided, further, that the membership of each local committee shall include local civic leaders and representatives of adult literacy providers, business, and industry. The state board shall be empowered to establish and approve all bylaws and actions of all local committees. Each local committee shall meet at least four times per year. Each member of such local committee shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members. 20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed. For those State Board of Technical and Adult Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Technical and Adult Education. 20-4-13. The State Board of Technical and Adult Education shall meet monthly. Additional meetings may be called by the chairperson or at the request of three or more of the members. The State Board of Technical and Adult Education shall adopt procedures for the conduct of its activities. 20-4-14. (a) There is established a Department of Technical and Adult Education. (b) The department shall exercise state level leadership, management, and operational control over schools, programs,

Page 1274

and services authorized in this article and Article 3 of this chapter. (c) The Department of Technical and Adult Education shall be empowered to: (1) Approve occupational programs below the baccalaureate level; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia; (2) Receive and hold title to property, equipment, money, and materials; (3) Acquire, improve, and sell real or personal property in connection with student live work projects and to receive, retain, and utilize for such purposes donations, student supply fees, and moneys generated as a result of the sale of such projects, provided that all acquisitions and sales of real property in connection with student live work projects shall be approved by the state board; (4) Solicit and receive funds from the general public, corporate underwriters, and foundations; (5) Contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of programmatic or administrative services or activities the department deems necessary; and (6) Administer and supervise programs in accordance with standards, rules, regulations, and policies of the State Board of Technical and Adult Education. 20-4-15. (a) For the purposes of this article, literacy means a degree of proficiency in reading, writing and other communication skills; in computation; and in reasoning that enables an individual to adapt to technological and other changes in society, compete in the job market, develop a sense of self-worth, and participate in the democratic process. (b) The State Board of Technical and Adult Education shall establish adult literacy programs which provide for

Page 1275

the attainment of reading, writing, and computational skills at the basic, general, and specialized levels of literacy. The state board shall determine the specific competencies concerning the skills and knowledge needed for each of the three levels of literacy; provided, however, that competencies at the specialized level contain the skills needed to qualify for a high school equivalency certificate. (c) There is established an office of adult literacy which shall report directly to the commissioner. The office of adult literacy shall provide programs for the effective and efficient education of all Georgia adults eligible under the provisions of this Code section, including the handicapped and those for whom English is a second language. Subject to the availability of funding, all levels of literacy programs defined by this article shall be provided in each service delivery area to any eligible individual who requests them. With the ultimate goal of the elimination of illiteracy in the state, priority shall be given to providing all eligible adults with the opportunity to attain a general level of literacy. (d) Individuals shall be eligible for adult literacy services who comply with other eligibility and attendance requirements as adopted by the state board and who: (1) Are high school graduates or have high school equivalency certificates and who are deficient in one or more areas of competency offered by adult literacy programs; provided, however, that no person shall be eligible for a high school equivalency certificate who has a high school diploma; or (2) Are at least 16 years of age and are not high school graduates but who are capable of attaining basic literacy skills as determined by policies established by the state board; provided, however, that an individual who is 16 or 17 years of age who has not graduated from high school shall present documented evidence that his or her school shall present documented evidence that his or her school system has been notified that he or she has withdrawn from school. 20-14-16. (a) Any other Code section of this article to the contrary notwithstanding, the State Board of Technical

Page 1276

and Adult Education shall annually determine the amount of funds needed to provide adult literacy and postsecondary technical education programs for business, industries, adults, and out-of-school youths and shall annually request that the Governor recommend that the General Assembly make such appropriations as are needed. (b) Any other Code section of this article to the contrary notwithstanding, the Department of Technical and Adult Education is authorized to provide funds, appropriated by the General Assembly for this purpose, to local units of administration, as defined in Code Section 20-2-242, and to other state, regional, local, and private agencies to be used for adult literacy, career, occupational, and technical education programs. (c) Adult literacy providers eligible to receive funds from the state board shall consist of those public and private entities which meet applicable public or private standards as determined by the state board. Such providers may include, but are not limited to, public and private schools, postsecondary technical schools, public and private colleges and universities, public libraries, community education programs, or businesses and industries. All public providers must meet public standards pursuant to Code Section 20-4-11 to be eligible to receive funds from the state board. Private providers may choose to meet either private or public standards pursuant to Code Section 20-4-11 and shall be eligible to receive funds from the state board in accordance with the standards which they meet. 20-4-17. (a) The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the Department of Technical and Adult Education; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such

Page 1277

board. Those personnel positions authorized for fiscal year 1986 for the operation and management of postsecondary technical schools and adult centers, as well as a proportionate share of those positions authorized for fiscal year 1986 for planning, evaluation, program improvement, and other administrative and discretionary purposes, shall be transferred to the Department of Technical and Adult Education. Such employees shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system. (b) The Department of Technical and Adult Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for adult literacy education programs. Those personnel positions authorized for fiscal year 1988 solely for the management, coordination, planning, evaluation, administration, and program improvement of adult literacy education programs, and associated office equipment and furniture, shall be transferred to the Department of Technical and Adult Education. All officials and employees in such positions are also transferred to the Department of Technical and Adult Education and shall retain all existing rights under the Employees' Retirement System of Georgia, the Teachers Retirement System of Georgia, and the state merit system. 20-4-18. Subject to the provisions of Code Section 20-4-20, any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of adult literacy and postsecondary technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools, to include the awarding of high school equivalency certificates, shall be made by the Department of Technical and Adult Education. Commensurate with this authority, the department shall exercise state level management and operational control over adult literacy education programs, postsecondary technical schools, and adult vocational centers. 20-4-19. The adult literacy education programs operated by the Department of Corrections shall conform to the standards, regulations, policies, and procedures of the State

Page 1278

Board of Technical and Adult Education; provided, however, that the Department of Corrections shall give priority to complying with the standards, regulations, policies, and procedures promulgated by the American Correctional Association and the Correctional Education Association where any conflicts shall arise. 20-4-20. Nothing in this article shall abridge the authority of the Board of Regents of the University System of Georgia to establish or operate colleges or of local boards of education to operate schools. 20-4-21. (a) Any postsecondary technical school operated by a local board of education, an area postsecondary technical education board, or the Department of Technical and Adult Education shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of Technical and Adult Education. (b) Tuition fees charged by postsecondary technical schools operated by local boards of education, area postsecondary technical education boards, and the Department of Technical and Adult Education shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources. (c) The Department of Technical and Adult Education shall not withhold from any postsecondary technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the Department of Technical and Adult Education to such school by contract, grant, or otherwise. 20-4-22. Any other Code section of this article to the contrary notwithstanding, the Department of Technical and Adult Education shall assume the management, operation, and control of the quick start program. The Department of Education shall transfer to the Department of Technical and Adult Education all existing staff, equipment, funds, property, and support functions and facilities currently under its control to accomplish this requirement, as set forth in this article.

Page 1279

20-4-23. Upon a postsecondary technical school's conversion to state management, any unexpended nonstate funds that have been collected by, appropriated for, or otherwise earmarked for use by said postsecondary technical school operated by a local board of education or an area board shall remain with that school until expended for the intended purpose. 20-4-24. Except where prohibited by federal law, rules, or regulations or rules, regulations, or policies of the State Board of Technical and Adult Education, local units of administration shall be authorized to utilize personnel funded under this article to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult literacy education. 20-4-25. Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on or after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary technical schools governed by the department shall become members of the Teachers Retirement System of Georgia as a condition of employment, if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment, if otherwise eligible. The State Board of Technical and Adult Education shall provide by regulation for informing prospective employees of the option provided for by this Code section so that such personnel may choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment.

Page 1280

20-4-26. All full-time employees of a postsecondary technical school formerly operated by a local board of education or area postsecondary technical education board as of July 1, 1987, or the date which the department assumes governance of the postsecondary technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary technical school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia, if otherwise eligible under laws, rules, or regulations. 20-4-27. Employees of postsecondary technical schools governed by the department shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service, and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to transfer to different positions or locations shall become members of the unclassified service. 20-4-28. Employees of postsecondary technical schools governed by the department who are appointed after July 1, 1987, or after the date on which the department assumes governance of the postsecondary technical schools shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of employment. Such employees shall receive benefits in effect at the time of employment available to state employees employed by the department. The benefits and compensation for any employee may be amended, increased, or decreased at any time as the department deems appropriate. 20-4-29. Employees of postsecondary technical schools formerly operated by a local board of education, or area postsecondary

Page 1281

technical education board, shall as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school make a choice as follows as to which salary and which benefit plan shall govern their employment: (1) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later, and the benefit plan in effect as of the same date, provided that such benefits can be obtained for comparable or less cost by the department. If such benefits cannot be obtained for comparable or less cost, such employees shall receive the benefits available to state employees employed by the department. The future salaries of employees making this choice shall be governed by policies established by the state board. Employees making this choice shall have no rights to salary increases accruing from past or future conditions or changes to their former compensation plans administered by local boards of education or area postsecondary technical education boards; (2) The salary earned as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later, and the benefits available to state employees employed by the department as of the same date, provided that the department may increase the salaries of employees to conform with the state board compensation plan in effect as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school. Employees making this choice shall have their compensation administered in conformity with state board policy in accordance with the state board compensation plan; or (3) Employees of postsecondary technical schools formerly operated by local boards of education or area postsecondary technical education boards who choose to be promoted or who request to transfer to different positions or locations shall be placed under the state board compensation plan and shall receive benefits as provided by paragraph (2) of this Code section.

Page 1282

20-4-30. Employees in the classified service of the state merit system who are employed by postsecondary technical schools governed by the department who elect to become members of the unclassified service shall have their compensation established in conformity with state board policy in accordance with the state board compensation plan in effect at the time of such election. 20-4-31. An employee of a postsecondary technical school governed by the department may be granted an amount of initial accrued sick and annual leave; provided, however, that the amount granted does not exceed the amount accrued as of July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, that the employee has not received payment from the former employer for the leave; provided, further, that the amount does not exceed the amount which would have been accrued in the employment of the department; provided, further, that the employee agrees not to leave employment voluntarily for a period of at least 12 months from July 1, 1987, or the date on which the department assumes governance of the postsecondary technical school, whichever is later; provided, further, any leave granted under this Code section shall be subject to the same limitations as leave accrued while employed by the department, including forfeiture. 20-4-32. Employees of postsecondary technical schools governed by the department shall accrue sick leave as provided for by the rules and regulations of the State Personnel Board. 20-4-33. Employees of postsecondary technical schools governed by the department shall receive days off with pay, the total of which in any year shall not exceed the total of the number of state holidays provided by Code Section 1-4-1 and the number of annual leave days authorized by the rules and regulations of the State Personnel Board. The state board may, by policy, establish conditions regulating such days off with pay. Such employees shall accrue annual leave as provided for by the rules and regulations of the State Personnel Board. For the purpose of determining the number of annual leave days authorized to be accrued by the rules

Page 1283

and regulations of the State Personnel Board, years of experience in the employment of local boards of education or area postsecondary technical education boards shall be counted as years of experience in the employment of postsecondary technical schools governed by the department. 20-4-34. All employees who were formerly employed by the State Board of Postsecondary Vocational Education and who have become employees of the Department of Technical and Adult Education under this article shall continue to have all rights and benefits of employment, including retirement benefits, that they had when employed by the State Board of Postsecondary Vocational Education. Section 3 . Said title is further amended by striking Article 3 of Chapter 4 and inserting in lieu thereof a new Article 3 to read as follows: ARTICLE 3 20-4-40. There is established a supplemental program to provide special quick start training to meet the employment needs of new and expanding industry. The program shall be governed by the State Board of Technical and Adult Education. 20-4-41. The programs of technical training under this article shall be supplementary to those offered by postsecondary technical schools and shall be operated on a statewide basis to assist any area to become more competitive in industrial and economic development; provided, however, no program may be made available to any area except as prescribed by the State Board of Technical and Adult Education. The program prescribed in this article shall be concerned only with training for skilled and semiskilled operations, including supervisory personnel associated with such operations, and shall terminate when training needs have been met; provided, however, that basic academic education may be included as a part of the training program when such is necessary to ensure success of trainees in the occupational training program. 20-4-42. The Department of Technical and Adult Education shall administer the program under this article and

Page 1284

shall provide for technical and engineering services, publicity for the program, instructional services, in-plant training analysis, rental of instructional facilities with necessary utilities, central warehousing and transportation of equipment and supplies, other necessary services, overall program direction, and an adequate staff to carry out an effective training program. 20-4-43. (a) Training programs under this article may be carried out on the basis of training agreements between local boards of education having postsecondary technical schools and the State Board of Technical and Adult Education. Under such agreements, the local board of education may make available its postsecondary technical school facilities or temporary rented facilities and shall pay all instructional salaries in accordance with the salary schedule established by the state board in agreement with the local board of education without consideration of the salary schedule adopted for regular instructional personnel, provided that teachers and others employed in such training programs shall be classified as temporary employees and shall not be eligible for participation in the Teachers Retirement System. All expenses incurred by a local board of education under such agreement in providing the services prescribed by this article shall be reimbursed by the state from funds provided for this purpose. (b) Training programs under this article may also be carried out pursuant to annual contracts or agreements between the State Board of Technical and Adult Education and private industrial or business firms under rules and regulations adopted by the State Board of Technical and Adult Education for such purpose. Any such training program carried out pursuant to any such contract shall be assigned to a state postsecondary technical school, an area postsecondary technical school, or the technical or vocational education division of a junior college operated in accordance with a joint agreement between the State Board of Technical and Adult Education and the board of regents at the time a site is selected for such training program. (c) Each training program under this article shall be based on a specific training needs analysis and included in

Page 1285

a training plan which defines training and services to be provided. 20-4-44. The State Board of Technical and Adult Education may prescribe qualifications for persons employed in the program under this article without consideration of qualifications prescribed for personnel employed in regular instructional programs. 20-4-45. The Department of Techinical and Adult Education shall be authorized to procure equipment necessary to carry out an adequate training program under this article. Such equipment shall be maintained in a warehouse reserve and shall become available to any area of the state where a training program creates a need but shall be returned to the warehouse reserve when no longer needed in a training program. In furtherance of this provision, equipment having long delivery dates may be purchased in advance of an actual need upon the determination by the Department of Technical and Adult Education that a need for such equipment could reasonably be expected in the program. The department is authorized to provide for the transportation of instructional equipment and to employ equipment riggers, warehousemen, and other personnel needed to carry out this provision. Title to all equipment purchased under this article shall be vested in the State Board of Technical and Adult Education. 20-4-46. The State Board of Technical and Adult Education shall have the authority to promulgate any and all standards, rules, and regulations necessary to carry out the objectives and purposes of this article. 20-4-47. To assist in carrying out this article, the State Board of Technical and Adult Education is authorized to accept grants of money, materials, services, or property of any kind from a federal agency, private agency, corporation, or individual. Section 4 . Said title is further amended by adding at the end of Part 4 of Article 6 of Chapter 2 a new Code Section 20-2-169 to read as follows: 20-2-169. The Department of Education is designated as the sole state agency to receive federal funds allotted to

Page 1286

Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of Technical and Adult Education; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board. Section 5 . Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the State Merit System of Personnel Administration, is amended by striking subparagraph (BB) of paragraph (15) in its entirety and substituting in lieu thereof a new subparagraph (BB) to read as follows: (BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order. Section 6 . Code Section 50-16-38 of the Official Code of Georgia Annotated, relating to acquisitions of real property by the State Properties Commission, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat-launching ramps, and except for acquisitions of real property by the Department of Technical and Adult Education in connection with student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisitions of real property by the commission resulting from transfers of custody and control

Page 1287

of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, all state agencies shall acquire real property through the commission. Section 7 . This Act shall become effective July 1, 1988. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. DOMESTIC RELATIONSFAMILY VIOLENCE PROGRAMS AND SHELTERS; LICENSING BY DEPARTMENT OF HUMAN RESOURCES. Code Sections 19-13-20, 19-13-21, and 19-13-22 Amended. No. 1326 (House Bill No. 1450). AN ACT To amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to change the provisions relating to family violence programs and family violence shelters; to provide for the licensing of such programs and shelters rather than the certification thereof; to change certain definitions; to change the provisions relating to the powers and duties of the Department of Human Resources; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by striking paragraphs (4) and (5) of Code Section

Page 1288

19-13-20, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (5) to read as follows: (4) `Family violence program' means any program licensed by the department whose primary stated purpose is to provide services to victims of family violence. A family violence program may be but is not required to be associated with a family violence shelter. (5) `Family violence shelter' means a facility licensed by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-11-20. Section 2 . Said article is further amended by striking subsection (a) of Code Section 19-13-21, relating to powers and duties of the Department of Human Resources, and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be the duty of the department: (1) To establish minimum standards for licensing family violence shelters to enable such shelters to receive state funds; (2) To receive applications for the development and establishment of family violence shelters; (3) To approve or reject each application within 60 days of receipt of the application; (4) To distribute funds to a licensed shelter as funds become available; (5) To fund other family violence programs as funds become available, provided that such programs meet standards established by the department; and (6) To evaluate annually each family violence shelter for compliance with the minimum standards.

Page 1289

Section 3 . Said article is further amended by striking subsections (a) and (b) of Code Section 19-13-22, relating to eligibility of family violence shelters for certification and funding, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) In order to be licensed and funded under this article, each shelter shall: (1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims; (2) Receive the periodic written endorsement of local law enforcement agencies; (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding; and (4) Be licensed as a family violence shelter in accordance with rules and regulations of the department; provided, however, that facilities not receiving state funds shall not be required to be licensed. (b) The department shall provide procedures whereby local organizations may apply for licensing and funding. Any local agency or organization may apply to participate. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1290

GEORGIA SECURITIES ACT OF 1973INVESTMENT ADVISERS AND INVESTMENT ADVISER REPRESENTATIVES. Code Title 10, Chapter 5 Amended. No. 1327 (House Bill No. 1566). AN ACT To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973, so as to provide for the regulation of the investment advisory business; to provide for definitions; to provide for the registration of investment advisers and investment adviser representatives; to provide for exceptions; to specify the information required on registration statements; to provide for examinations and fees; to provide for registration and renewal fees; to provide for notification of registration; to provide for the refusal, denial, suspension, and revocation of registrations; to provide for annual renewal of registrations; to provide for bonds; to provide for keeping of records and accounts; to provide for examination of such records by representatives of the commissioner; to provide for transfers of such registrations; to provide for powers and duties of the commissioner; to provide for rules and regulations; to provide for investigations and hearings; to provide for cooperation with other jurisdictions; to declare certain practices unlawful; to provide for administrative, civil, and criminal actions; to provide for penalties; to provide for civil liability; to provide for notice of opportunity for a hearing on violations of the chapter; to provide for consent to service; to provide for all matters relative to the foregoing; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Securities Act of 1973, is amended by striking Code Section 10-5-2, relating to definitions relative to regulation of the securities business, in its entirety and inserting in lieu thereof a new Code Section 10-5-2 to read as follows:

Page 1291

10-5-2. (a) As used in this chapter, the term: (1) `Affiliate' or `person affiliated with' means, when used with reference to a specified person, a person who directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with the person specified. Any beneficial owner of 20 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, or general partner shall prove that he in fact does not control, is not controlled by, and is not under common control with such person. (2) `Assignment,' with respect to an investment advisory contract, means any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or any such transfer or hypothecation of a controlling block of the assignor's outstanding voting securities by a security holder of the assignor; provided, however, that, if an investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser who have only a minority interest in the business of the investment adviser or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business. (3) `Beneficial owner' means, with regard to any securities, any person who owns the securities or who enjoys benefits substantially equivalent to ownership. A person's beneficial ownership of securities shall be deemed to include, but shall not be limited to, any securities owned by: (A) His spouse; (B) His minor children; (C) Any revocable trust of which he is a settlor;

Page 1292

(D) Any trust of which he, his spouse, and his minor children have an aggregate vested beneficial interest of 20 percent or more in the income or the corpus; (E) Any partnership in which he is a general partner; (F) Any corporation of which he is the beneficial owner of 20 percent or more of the outstanding voting securities or of which he is an executive officer if the corporation has no substantial business other than investment in securities; or (G) Any ancestor, sibling, or lineal descendant of his who resides in his home. (4) `Commissioner' means the commissioner of securities of this state. (5) `Control' (including `controlling,' `controlled by,' and `under common control with') means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (6) `Dealer' means every person, other than a salesman registered under this chapter, who engages, either for all or part of his time, directly or indirectly, as agent, broker, or principal in the business of offering, buying, selling, or otherwise dealing or trading in securities issued by another person but does not include a bank or trust company, or any person insofar as such person buys or sells securities for his own account, either individually or in some fiduciary capacity, other than as a part of a regular business, and does not include any general partner, or executive officer of any general partner, of an issuer or executive officer of an issuer offering or selling securities of such issuer unless he is paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this paragraph.

Page 1293

(7) `Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice-president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (8) `Investment adviser' means any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. Investment adviser shall also include any person who holds himself out as a `financial planner' or `investment adviser.' Unless they hold themselves out as such, the term `investment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, accountant, engineer, or teacher whose performance of investment advisory services is solely incidental to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; or (v) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term `investment adviser' also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding company as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities.

Page 1294

(9) `Investment adviser representative' means any individual, other than an investment adviser, who is a partner, officer, or director (or a person occupying a similar status or performing similar functions) of an investment adviser or any other individual who, on behalf of an investment adviser, engages in the business of advising others as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. (10) `Issuer' means every person who issues or proposes to issue any security, except that, with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed, restricted management, or unit type, the term `issuer' means the person or persons performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued; except that, in the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that, with respect to equipment-trust certificates or like securities, the term `issuer' means the person by whom the equipment or property is or is to be used; and except that, with respect to fractional undivided interests in oil, gas, or other mineral rights, the term `issuer' means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of public offering. (11) `Limited dealer' means a dealer who is authorized under this chapter to act as a dealer only with respect to a certain issue of or a certain class or type of securities specified by the commissioner.

Page 1295

(12) `Limited salesman' means a salesman who is authorized under this chapter to sell or offer for sale only a certain issue of or a certain class or type of securities specified by the commissioner. A limited salesman may be authorized to sell or offer for sale securities of one or more issuers either concurrently or successively, provided such issuers are affiliates and provided, further, that one of such issuers shall enter into and file with the commissioner a written agreement which shall provide that such issuer shall be primarily responsible for supervising the limited salesman and shall assume all duties, responsibilities, and liabilities imposed by this chapter for the securities transactions of the limited salesman to the same extent as if the limited salesman were only registered with respect to such issuer. Nothing in such agreement shall relieve any issuer on whose behalf the limited salesman is acting of the responsibilities imposed upon such issuer by this chapter for the securities transactions of the limited salesman. (13) `Majority owned subsidiary' means a subsidiary more than 50 percent of whose outstanding securities representing the right, other than as affected by events of default, to vote for the election of directors is owned by the subsidiary's parent, by one or more of the parent's other majority owned subsidiaries, or by the subsidiary's parent and one or more of the parent's other majority owned subsidiaries. (14) `Parent' means, when used with reference to a specified person, an affiliate controlling such person directly, or indirectly through one or more intermediaries. (15) `Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust, or any unincorporated organization. (16) `Prospectus' means any prospectus, notice, circular, advertisement, sales literature, letter, offering circular, offering sheet, or communication, written or by radio or television, which offers any security for sale or which is used in connection with any such offer or which confirms the sale of any security, except that:

Page 1296

(A) A confirmation of the sale of a security which is sent or given after the effective date of the registration statement shall not be deemed a prospectus if it is proved that prior to or at the same time with such confirmation a written prospectus, meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 as appropriate to form of registration under this chapter, at the time of such confirmation, was sent or given to the person to whom the confirmation was sent or given; and (B) A notice, circular, advertisement, sales literature, letter, or communication in respect of a security shall not be deemed to be a prospectus if it states from whom a written prospectus meeting the requirements of paragraph (3) of subsection (b), paragraph (3) of subsection (e), or paragraph (4) of subsection (f) of Code Section 10-5-5 may be obtained and, in addition, does no more than identify the security, state the price thereof, state by whom orders will be executed, and contain such other information as the commissioner, by rules or regulations, deemed necessary or appropriate in the public interest and for the protection of investors, and subject to such terms and conditions as may be prescribed therein, may permit. (17) `Sale' or `sell' means and shall include every contract of sale or disposition of a security or interest in a security for value. The term `offer to sell,' `offer for sale,' or `offer' shall include every attempt or offer to dispose of or solicitation of an offer to buy a security or interest in a security for value. The terms defined in this paragraph shall not include preliminary negotiations or agreements between an issuer or any person on whose behalf an offering is to be made and any underwriter or among underwriters who are or are to be in privity of contract with an issuer or any person on whose behalf an offering is to be made. Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing shall be conclusively presumed to constitute a part of the subject of such purchase and to have been offered and sold for value. The issue or transfer of

Page 1297

a right or privilege, when originally issued or transferred with a security, giving the holder of such security the right to convert such security into another security of the same issuer or of another person or giving a right to subscribe to another security of the same issuer or of another person, which right cannot be exercised until some future date, shall not be deemed to be an offer or sale of such other security; but the issue or transfer of such other security upon the exercise of such right of conversion or subscription shall be deemed a sale of such other security. (18) `Salesman' means an individual, other than a dealer or a limited dealer registered under this chapter, employed or appointed or authorized by a dealer, limited dealer, or by an issuer to sell securities in this state. The general partners or executive officers of a dealer or a limited dealer engaged in the offer or sale of securities and any general partners of an issuer or executive officers of any general partner of an issuer or executive officers of an issuer offering or selling securities of such issuer shall not be deemed to be salesmen within the meaning of this definition unless they are paid a commission for the sale of such securities. Any remuneration paid which is directly related to the sale of securities shall be considered a commission for the purposes of this paragraph. (19) `Security' means any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of indebtedness, investment certificate, certificate of interest or participation in any profit-sharing agreement, certificate of interest in oil, gas, or other mineral rights, collateral trust certificates, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, limited partnership interest, or beneficial interest in profits or earnings, or any other instrument commonly known as a security, including any certificate of interest or participation in, temporary or interim certificate for, receipt for, guaranty of, or warrant or right to subscribe to or purchase, any of the foregoing. The term `investment contract' shall include but is not limited to an investment which holds out the possibility of return on risk capital even though the investor's efforts are necessary to receive such return if:

Page 1298

(A) Such return is dependent upon essential managerial or sales efforts of the issuer or its affiliates; and (B) One of the inducements to invest is the promise of promotional or sales efforts of the issuer or its affiliates in the investor's behalf; and (C) The investor shall thereby acquire the right to earn a commission or other compensation from sales of rights to sell goods, services, or other investment contracts of the issuer or its affiliates. `Security' shall not mean any insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period nor any variable annuity contract as provided for and regulated under Title 33 and issued by a life insurance company licensed to do business in the State of Georgia nor shall it mean any interest in a residential unit and a rental management arrangement relating to such residential unit so long as the owner-participants under the rental management arrangement, whether optional or mandatory, do not participate directly in the income derived from the rental of units owned by others. (20) `Securities of the same class' means: (A) All common stock of an issuer, regardless of varying series or designations, and all securities convertible into common stock or conferring the right to acquire common stock; or (B) All preferred stock of an issuer, regardless of varying preferences, series, or designations, and all securities convertible into preferred stock or conferring the right to acquire preferred stock. (21) `Significant subsidiary' means a subsidiary meeting any one of the following conditions: (A) The assets of the subsidiary or the investments in and advances to the subsidiary by its parent

Page 1299

and the parent's other subsidiaries, if any, exceed 10 percent of the assets of the parent and its subsidiaries on a consolidated basis. (B) The sales and operating revenues of the subsidiary exceed 10 percent of the sales and operating revenues of its parent and the parent's subsidiaries on a consolidated basis. (C) The subsidiary is the parent of one or more subsidiaries and, together with such subsidiaries, would, if considered in the aggregate, constitute a significant subsidiary. (22) `State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands. (23) `Subsidiary' means, when used with reference to a specified person, an affiliate controlled by such person, directly or indirectly, through one or more intermediaries. (24) `Underwriter' means any person who has purchased from an issuer or an affiliate of an issuer with a view to or offers or sells for an issuer or an affiliate of an issuer in connection with the distribution of any security or participates or has a direct or indirect participation in any such undertaking or participates or has a participation in the direct or indirect underwriting of any such undertaking; provided, however, that a person shall be presumed not to be an underwriter with respect to any securities which he has owned beneficially for at least one year; and provided, further, that a dealer shall not be considered an underwriter with respect to any securities which do not represent part of an unsold allotment to or subscription by the dealer as a participant in the distribution of such securities by the issuer or an affiliate of the issuer; provided, further, that, in the case of securities acquired on the conversion of another security without payment of additional consideration, the length of time such securities have been beneficially owned by a person shall include the period during which the convertible

Page 1300

security was beneficially owned and the period during which the security acquired on conversion has been beneficially owned. (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to this chapter. Section 2 . Said chapter is further amended by striking Code Section 10-5-3, relating to registration of securities dealers and salesmen, in its entirety and inserting in lieu thereof a new Code Section 10-5-3 to read as follows: 10-5-3. (a) No dealer, limited dealer, salesman, or limited salesman, as defined by this chapter, shall offer for sale or sell any securities within or from this state, except in transactions exempt under paragraph (1), (2), (6), (7), (8), (9), (11), or (12) of Code Section 10-5-9, unless he is a registered dealer, limited dealer, salesman, or limited salesman pursuant to this Code section; provided, however, that a real estate broker or salesman licensed to sell real estate in this state shall not be required to register as a dealer or a limited dealer or as a salesman or a limited salesman under this chapter in connection with a sale by him of a security consisting of any interest in a residential unit and any rental management arrangement relating thereto. No investment adviser or investment adviser representative, as defined by this chapter, shall transact business within or from this state unless he is a registered investment adviser or investment adviser representative pursuant to this Code section. (b) The provisions of subsection (a) of this Code section regarding investment advisers or investment adviser representatives shall not apply to: (1) Any investment adviser or investment adviser representative whose only clients are insurance companies; or (2) Any investment adviser or investment adviser representative who during the course of the preceding 12 months has had fewer than 15 clients and who neither holds himself out generally to the public as an investment

Page 1301

adviser or investment adviser representative nor acts as an investment adviser to any investment company registered under this chapter. (c) Application for registration as a dealer or limited dealer may be made by any person. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information: (1) The name of the applicant; (2) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (3) The form of business organization and the date of organization of the applicant; (4) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, affiliate, or executive officer during the preceding ten years; (5) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (6) A list of any other states in which the applicant is registered as a securities broker, dealer, or salesman and, if registration of the applicant as a securities broker, dealer, or salesman has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (7) Whether the applicant is registered as a broker or dealer under the Securities Exchange Act of 1934 or

Page 1302

any act adopted in amendment thereof and whether any such registration of the applicant has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension by the Securities and Exchange Commission; (8) The names of all organizations of securities brokers or dealers of which the applicant is a member or before which any application for membership on the part of the applicant is then pending and whether any membership of the applicant in any such organization has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension; (9) The names of any securities exchanges of which the applicant or any of its partners, limited partners, directors, affiliates, or executive officers is a member and whether any such membership has ever been denied, revoked, or suspended or is then the subject of proceedings for revocation or suspension; (10) A balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the fiscal year preceding such last fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office; (11) Whether the applicant or any general partner, limited partner, director, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involves

Page 1303

a security or any aspect of the securities business, or has ever been convicted of or charged with a felony and, ifso, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this subsection (other than the requirements with respect to financial statements provided for in paragraph (10) of this subsection) and may require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as a dealer under this chapter. No applicant shall be registered as a dealer or limited dealer under this chapter nor shall any such registration be renewed, unless each principal of such applicant has passed a written examination administered by the commissioner or someone acting under his direction, or unless such applicant presents proof satisfactory to the commissioner showing that each principal has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, or procedure relative to the holding of such examination and may impose a fee against each principal taking said examination to cover the costs thereof. For the purposes of this subsection only, with respect to a dealer or an applicant for registration as a dealer, the term `principal' refers to a person associated with such dealer or applicant who is engaged in the management of such dealer's or applicant's business, including the supervision, solicitation, or conduct of such business or the training of persons associated with such dealer or applicant for any of these functions. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the prescribed registration fee.

Page 1304

When an applicant has fully complied with this subsection and subsections (i) and (j) of this Code section, the commissioner shall register such applicant as a dealer unless he shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as a dealer in securities. When the commissioner has registered an applicant as a dealer, he shall immediately notify the applicant of such registration. The procedure and requirements relative to the registration of a dealer as provided in this subsection shall likewise apply to the registration of a limited dealer, except that an applicant for registration as a limited dealer shall furnish the commissioner, as part of his application, information as to the particular issue or class or type of securities with respect to which he desires to act as a dealer. Any license, certificate, or other evidence of registration issued by the commissioner to a limited dealer shall specify the issue or class or type of securities with respect to which such registration authorizes such limited dealer to act as a dealer. (d) Application for registration as a salesman or a limited salesman may be made by any individual. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant and by the dealer, limited dealer, or issuer employing or proposing to employ such applicant, shall be duly verified under oath, shall be filed with the commissioner, and shall contain the following information: (1) Name and residence and business addresses of the applicant; (2) Name of the dealer, limited dealer, or issuer employing or proposing to employ the applicant; (3) Names and addresses of three persons of whom the commissioner may inquire as to the character and business reputation of the applicant; (4) Applicant's age and education; (5) The nature of employment and names and addresses of employers of the applicant for the period of

Page 1305

ten years immediately preceding the date of application; (6) Other state or federal laws under which the applicant has ever been registered as a securities broker, dealer, or salesman and, if any such registration has ever been refused, canceled, suspended, or revoked or if such a proceeding is pending, full details with respect thereto; and (7) Whether the applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities business, has ever been convicted of or charged with 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 or charged with a felony, and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this subsection and may require such additional information as to applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as a salesman under the provisions of this chapter. There shall be filed with such application payment of the prescribed registration fee. When an applicant has fully complied with the provisions of this subsection and subsections (i) and (j) of this Code section, the commissioner shall register such applicant as a salesman, unless he finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge of the securities business to act as a salesman of securities. When the commissioner has registered an applicant as a salesman, he shall immediately notify the applicant of such registration. No dealer, limited dealer, or issuer shall employ any salesman or limited salesman who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by

Page 1306

him of a salesman or limited salesman; and the registration of such salesman or limited salesman shall automatically be terminated from the time of termination of such employment. Any license, certificate, or other evidence of such registration which such salesman or limited salesman has been issued shall immediately be returned to the commissioner. The procedure relative to the registration of a salesman as provided in this subsection shall likewise apply to the registration of a limited salesman, except that an applicant for registration as a limited salesman shall furnish the commissioner with information as to the particular issue or class or type of securities which he desires to sell or offer for sale. Any license, certificate, or other evidence of registration issued by the commissioner to a limited salesman shall specify the issue or class or type of securities which such registration authorizes such limited salesman to sell or offer for sale. No applicant shall be registered as a salesman or limited salesman under this chapter nor any such registration be renewed, unless such person has passed a written examination administered by the commissioner or someone acting under his direction or unless such applicant presents proof satisfactory to the commissioner showing that he has previously passed a similar examination conducted by the National Association of Securities Dealers, Inc., or any other examination substantially similar to that given by the commissioner, as the commissioner may determine. The commissioner is further authorized to prescribe the time, manner, and procedure relative to the holding of such examination and may impose a fee against the applicant taking said examination to cover the costs thereof. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in Code Section 10-5-18. (e) Application for registration as an investment adviser may be made by any person. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant, shall be filed with the commissioner, and shall contain the following information:

Page 1307

(1) The name and form of organization under which the investment adviser engages or intends to engage in business in this state; (2) The name of the state or other sovereign power under which such investment adviser is organized; (3) The location of the investment adviser's principal place of business and branch offices, if any; (4) The names and addresses of the investment adviser's partners, officers, directors, and persons performing similar functions, or, if such an investment adviser is an individual, the name and residence and business addresses of such individual; (5) The number of the investment adviser's employees; (6) The education, the business affiliations for the past ten years, and the present business affiliations of such investment adviser and of such investment adviser's partners, officers, directors, and persons performing similar functions and of any controlling person thereof; (7) The nature of the business of such investment adviser, including the manner of giving advice and rendering analyses or reports; (8) Investment advisers with custody of client funds or securities or requiring prepayment of more than $500.00 in fees per client six or more months in advance must provide a balance sheet for the most recent fiscal year. Said balance sheet shall be prepared in accordance with generally accepted accounting principles and shall, as the commissioner may by rule specify, be audited by an independent public accountant; (9) The nature and scope of the authority of such investment adviser with respect to clients' funds and accounts; (10) The basis or bases upon which such investment adviser is compensated;

Page 1308

(11) Whether such investment adviser, any investment adviser representative, or any person associated with such investment adviser is subject to any disqualification which would be a basis for denial, suspension, or revocation of registration of such investment adviser under the provisions of subsection (g) of this Code section or under the provisions of Code Section 10-5-4 of this chapter; and (12) A statement as to whether the principal business of such investment adviser consists or is to consist of acting as investment adviser, and a statement as to whether a substantial part of the business of such investment adviser consists or is to consist of rendering investment supervisory services. The commissioner may waive the furnishing of any information required by this subsection and may require such additional information as to the previous history, records, or association of the applicant, its general partners, limited partners, directors, affiliates, or executive officers as he may deem necessary to establish whether or not the applicant should be registered as an investment adviser under this chapter. No applicant shall be registered as an investment adviser under this chapter nor shall any such registration be renewed unless the applicant, if an individual, and each investment adviser representative of such applicant has passed a written examination approved by the commissioner. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against such applicant in the manner and form provided in Code Section 10-5-18 and payment of the prescribed registration fee. When an applicant has fully complied with this subsection and subsection (i) of this Code section, the commissioner shall register such applicant as an investment adviser unless he shall find that the applicant is not of good business reputation or does not appear qualified by training or experience to act as an investment adviser. When the commissioner

Page 1309

has registered an applicant as an investment adviser, he shall immediately notify the applicant of such registration. (f) Application for registration as an investment adviser representative may be made by any individual. Such application for registration shall be made in a manner prescribed by the commissioner, shall be verified by the applicant and by the investment adviser employing or proposing to employ such applicant, shall be filed with the commissioner, and shall contain the following information: (1) Name and residence and business addresses of the applicant; (2) Name of the investment adviser employing or proposing to employ the applicant; (3) Applicant's age and education; (4) The nature of employment and names and addresses of employers of the applicant for the period of ten years immediately preceding the date of application; (5) Other state or federal laws under which the applicant has ever been registered as an investment adviser or investment adviser representative and, if any such registration has ever been refused, canceled, suspended, or revoked or, if such a proceeding is pending, full details with respect thereto; and (6) Whether the applicant has ever been subject to any injunction or disciplinary proceeding of the Securities and Exchange Commission or any state securities commission involving a security or any aspect of the securities or investment advisory business, has ever been convicted of or charged with 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 or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge. The commissioner may waive the furnishing of any information required by this subsection and may require such

Page 1310

additional information as to the applicant's previous business experience as he may deem necessary to determine whether or not the applicant should be registered as an investment adviser representative under the provisions of this chapter. There shall be filed with such application payment of the prescribed registration fee. When an applicant has fully complied with the provisions of this subsection and subsection (i) of this Code section, the commissioner shall register such applicant as an investment adviser representative, unless he finds that such applicant is not of good business reputation or does not appear to be qualified by training, experience, or knowledge of the securities business to act as an investment adviser representative. When the commissioner has registered an applicant as an investment adviser representative, the applicant shall be immediately notified of such registration. No investment adviser shall employ any investment adviser representative who is not registered as required by this chapter, and each such person shall promptly notify the commissioner of the termination of the employment by him of an investment adviser representative; and the registration of such investment adviser representative shall automatically be terminated from the time of termination of such employment. No applicant shall be registered as an investment adviser representative under this chapter nor any such registration be renewed, unless such person has passed a written examination approved by the commissioner. There shall be filed with such application an irrevocable written consent of the applicant to the service of process upon the commissioner in actions against the applicant in the manner and form provided in Code Section 10-5-18. (g) If, after affording an applicant a hearing or an opportunity for a hearing as provided in Code Section 10-5-16, the commissioner finds that there are sufficient grounds to refuse to register the applicant as provided in this Code section, he shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its

Page 1311

issuance. A copy of the order shall be mailed to the applicant at his business address and, if the application is for registration as a salesman, limited salesman, or investment adviser representative, to the dealer, limited dealer, issuer, or investment adviser who proposed to employ such applicant. If the commissioner shall find that an applicant has committed any act or made any omission which would constitute a sufficient ground for revocation of a dealer's, limited dealer's, salesman's, limited salesman's, investment adviser's, or investment adviser representative's registration under Code Section 10-5-4, such act or omission may constitute a sufficient ground for a finding by the commissioner, under subsection (c), (d), (e), or (f) of this Code section, that such applicant is not of `good business reputation.' (h) Every registration under this Code section shall expire on December 31 in each year. Registration of dealers, limited dealers, salesmen, limited salesmen, investment advisers, and investment adviser representatives must be be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee and, in the case of a dealer or limited dealer, by the filing of a balance sheet as of a date within 90 days prior to the date of filing. This balance sheet need not be certified. If the balance sheet is not certified, there shall be filed in addition a certified balance sheet as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the balance sheet may be dated as of the end of the preceding fiscal year. Such balance sheets shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. Investment advisers with custody of client funds or securities or requiring prepayment of more than $500.00 in fees per client six or more months in advance must provide a balance sheet for the most recent fiscal year. Said balance sheet shall be prepared in accordance

Page 1312

with generally accepted accounting principles and shall, as the commissioner may by rule specify, be audited by an independent public accountant. Upon any change in the general partners, limited partners, directors, affiliates, or executive officers of a dealer, limited dealer, or investment adviser, such dealer, limited dealer, or investment adviser shall promptly notify the commissioner and shall furnish to him in writing such information concerning such persons which has not previously been filed as required in an original application for registration. (i) The fee for the initial registration of a dealer, limited dealer, or investment adviser shall be $250.00. The annual renewal fee for a dealer, limited dealer, or investment adviser shall be $100.00. The initial registration fee and transfer fee for each salesman, limited salesman, and investment adviser representative shall be $50.00. The annual renewal fee for each salesman, limited salesman, and investment adviser representative shall be $40.00. (j) (1) Except as otherwise provided in this subsection, no applicant shall be registered as a dealer, limited dealer, salesman, or limited salesman under this chapter nor shall any such registration be renewed until the applicant files with the commissioner bond satisfactory to the commissioner in the sum of $25,000.00 as to dealers and limited dealers and $2,500.00 as to salesmen and limited salesmen, payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the commissioner. Any such bond may be canceled by the principal or surety by giving notice to the commissioner, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until new bond satisfactory to the commissioner is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amounts above prescribed for the bonds required of salesmen, limited salesmen, dealers, and limited dealers shall be construed as being the aggregate liability

Page 1313

recoverable against such bonds, regardless of the number of claimants, and shall not be construed as individual liability. (2) (A) The requirement for filing of such bond by an applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if: (i) Such applicant has filed with the commissioner written proof of membership in the Securities Investor Protection Corporation and a written undertaking to comply continuously with all applicable provisions of the Securities Investor Protection Act of 1970, U.S.C.A. 78aaa et seq.; or (ii) As of the dates of the most recent balance sheet certified by an independent public accountant filed by such applicant pursuant to this Code section and any subsequent noncertified balance sheet so filed, such applicant had a minimum capital of not less than $250,000.00. For the purposes of this division, minimum capital shall mean net worth as determined in accordance with generally accepted accounting principles, unless for the purposes of this division the commissioner shall adopt rules and regulations for determining the minimum capital of a dealer or limited dealer, in which case minimum capital shall be determined in accordance with such rules and regulations. The aforesaid balance sheets filed by such applicant shall be used to determine the applicant's minimum capital unless the commissioner shall have adopted the rules or regulations authorized in the preceding sentence, in which case the applicant's minimum capital shall be determined from schedules prepared in accordance with such rules and regulations. The schedule prepared as of the date of the certified balance sheet referred to above shall be certified as having been prepared in accordance with the rules or regulations adopted by the commissioner, as provided in this division, by an independent public accountant duly registered

Page 1314

and in good standing as such under the laws of the place of his residence. (B) The requirement for the filing of such bond by an applicant for registration or renewal of registration as a salesman or limited salesman shall not be applicable if the dealer or limited dealer by whom such applicant is employed or is to be employed is not subject to the bond requirements of this Code section. (3) The requirement for filing such bond by applicant for registration or renewal of registration as a dealer or limited dealer shall not be applicable if such applicant has deposited in trust with the commissioner: (A) A certificate of deposit evidencing a deposit with a financial institution satisfactory to the commissioner in the amount of $25,000.00 payable to the applicant and assigned to the commissioner; (B) An irrevocable letter of credit addressed to the commissioner in the amount of $25,000.00, issued by a bank which is a member of the Federal Reserve System and conditioned only upon the rendering of a judgment by a court of competent jurisdiction in which the applicant is found liable for damages under this chapter; or (C) Obligations of the United States, an agency thereof, or of the State of Georgia which mature in not more than two years and which have a market value as of the date of deposit of at least $25,000.00. Such deposits shall be held for the benefit of all persons to whom applicant is liable for damages under this chapter for a period of two years after such applicant's registration has expired or been revoked; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the commissioner has notice, in a court of competent jurisdiction in which it is alleged that applicant is liable for damages

Page 1315

under this chapter. Such deposits shall not be released except upon application to and the written order of the commissioner. The commissioner shall have no liability for any such release of any deposit or part thereof so made by him in good faith. The commissioner may designate any regularly constituted state depository having trust powers domiciled in this state as a depository to receive and hold any such deposit. Any such deposit so held shall be at the expense of the applicant. Such depository shall give to the commissioner proper trust and safekeeping receipt upon which the commissioner shall give official receipt to the applicant. The State of Georgia shall be responsible for the safekeeping and return of all deposits made pursuant to this Code section. So long as the applicant complies with this chapter, the applicant may demand, receive, sue for, and recover the income from the securities deposited or may exchange and substitute for the letter of credit or securities deposited or a part thereof, with the approval of the commissioner, a letter of credit or securities of the kinds specified above of equivalent or greater value. No judgment creditor or other claimant of applicant shall levy upon any deposit held pursuant to this paragraph or upon any part thereof, except as specified in this paragraph. Whenever any person shall file an action in a court of competent jurisdiction in which it is alleged that the applicant is liable for damages under this chapter, such person, in order to secure his recovery, may give notice to the commissioner of such alleged liability and of the amount of damages claimed, after which notice the commissioner shall be bound to retain, subject to the order of the Superior Court of Fulton County, as provided below, a sufficient amount of the deposit to pay the judgment in the action. In the event that the applicant prevails in such action and in the event that such deposits have been held by the commissioner for a period of at least two years after the applicant's registration has expired or been revoked, then such deposits shall be released to the applicant; provided, however, such deposits shall not be released at any time while there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction), of which the commissioner has notice, in a court of competent

Page 1316

jurisdiction in which it is alleged that the applicant is liable for damages under this chapter. In the event that a judgment is rendered in such action by which it is determined that the applicant is liable for damages under this chapter, and the applicant has not paid the judgment within ten days of the date the judgment became final, or in the event the applicant petitions for the Supreme Court of the United States to take certiorari jurisdiction over such action, and the applicant has not paid the judgment within ten days of the date the Supreme Court of the United States denies certiorari jurisdiction or within ten days of the date the Supreme Court of the United States affirms the judgment, then said person may petition the Superior Court of Fulton County for an order directing the commissioner to reduce such deposit or a portion thereof sufficient to pay the judgment, to cash or its equivalent and to pay such judgment to the extent the judgment may be satisfied with the proceeds of the deposit. If there shall remain any residue from the deposit and if at least two years have passed since the expiration or revocation of the applicant's registration, the commissioner shall pay over such residue to the applicant, taking his receipt for the residue, which shall be filed and recorded with the other papers of the case, unless there is pending against applicant an action (including any direct appeal of such action or an appeal based on a petition for certiorari jurisdiction) of which the commissioner has notice in a court of competent jurisdiction in which it is alleged that applicant is liable for damages under this chapter, in which case the commissioner shall hold or dispose of such residue in accordance with the provisions of this paragraph relating to the holding or disposing of the entire deposit. In the event that more than one final judgment is rendered against the applicant for violation of this chapter, the judgment creditors shall be paid in full from such deposit or residue thereof, to the extent the deposit or residue is sufficient to pay the judgment, in the order in which the judgment creditors petitioned the Superior Court of Fulton County. (4) Anything in this subsection to the contrary notwithstanding, the commissioner shall comply with any order of a Georgia or United States court of competent

Page 1317

jurisdiction to turn over any deposit held by him pursuant to paragraph (3) of this subsection or the proceeds from any bond held by him pursuant to paragraph (1) of this subsection to a trustee or receiver for the use and sole benefit of persons on whose behalf the commissioner holds such deposit or proceeds. (k) Every dealer, limited dealer, salesman, or limited salesman registered under this chapter shall make and keep such accounts and other records with respect to sales of securities in this state, whether or not pursuant to exemptions contained in Code Section 10-5-8 or 10-5-9, as the commissioner may by rule or regulation require. Every investment adviser or investment adviser representative registered under this chapter shall make and keep such accounts and records with respect to its business activities in this state as the commissioner by rule or regulation may require. All records so required shall be preserved for five years unless the commissioner shall provide otherwise. All records of such dealers, limited dealers, salesmen, limited salesmen, investment advisers, or investment adviser representatives are subject to such reasonable periodic, special, or other examinations by representatives of the commissioner, within or outside this state, as the commissioner deems necessary or appropriate in the public interest or for the protection of the public. (1) The registration of a dealer, limited dealer, or investment adviser may, at the registrant's option, be amended to reflect a change of name, address, branch offices, principals, state of incorporation, corporate forms (including a merger of two registered dealers or investment advisers), or other change which does not materially affect the business of the dealer, limited dealer, or investment adviser. Applications by dealers, limited dealers, and investment advisers to amend their regulations shall be made in a manner which the commissioner may, by rule or regulation, prescribe, and the commissioner may charge: (1) A fee for such amendments, which fee shall not exceed the fee provided for renewal of such registrations; and

Page 1318

(2) A fee of $1.00 for each salesman's or limited salesman's license which must be altered because of the amendment. (m) In the event that a dealer, limited dealer, or investment adviser succeeds to and continues the business of another registered dealer, limited dealer, or investment adviser, the registration of the predecessor shall be deemed to remain effective as the registration of the successor for a period of 75 days after such succession, provided that an application for registration is filed within 30 days after succession on a form prescribed by the commissioner. (n) With respect to investment advisers, the commissioner may require that certain information be furnished or disseminated as necessary or appropriate in the public interest or for the protection of investors and advisory clients. To the extent determined by the commissioner in his discretion, information furnished to clients or prospective clients of an investment adviser pursuant to the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement. Section 3 . Said chapter is further amended by striking Code Section 10-5-4, relating to denial, suspension, or revocation of registrations of securities dealers and salesmen, in its entirety and inserting in lieu thereof 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 or investment advisory activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a registered dealer, limited dealer, or investment adviser, 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, limited dealer, or investment adviser, 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, limited dealer, or investment adviser, a partner, officer, or director, a person occupying a similar status or performing

Page 1319

similar functions, or a person directly or indirectly controlling the dealer, limited dealer, or investment adviser: (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; (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;

Page 1320

(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; (6) Is the subject of an order of the commissioner denying, suspending, or revoking the persons's registration as a dealer, limited dealer, salesman, limited salesman, investment adviser, or investment adviser representative; (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, limited dealer, salesman, limited salesman, investment adviser, or investment adviser representative, 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

Page 1321

(E) An order by the Commodity Futures Trading Commission denying, suspending, or revoking registration under the Commodity Exchange Act; (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, limited dealer, or investment adviser under this paragraph without a finding of insolvency as to the dealer, limited dealer, or investment adviser; (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, investment adviser representatives, 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, limited salesman, investment adviser, or investment adviser representative; 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 1322

(d) The commissioner may at any time require a dealer, limited dealer, or investment adviser to file with him a financial statement showing the financial condition of such dealer, limited dealer, or investment adviser as of the most recent practicable date but such financial statement need not be certified. Section 4 . Said chapter is further amended by striking subsection (b) of Code Section 10-5-10, relating to the powers and duties of the commissioner of securities, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The commissioner shall have the authority to administer oaths in and to prescribe forms for all matters arising under this chapter. The commissioner shall cooperate with the administrators of the securities laws of other states and of the United States with a view to assisting those administrators in the enforcement of their securities and investment adviser laws and to achieving maximum unformity in the interpretation of like provisions of the laws administered by them and in the forms which are required to be filed under such laws. Section 5 . Said chapter is further amended by striking subsection (h) of Code Section 10-5-11, relating to cooperation with other jurisdictions in conducting investigations and hearings regarding violations of this chapter and securities laws, in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) To encourage uniform interpretation and administration of this chapter and effective securities and investment adviser 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 1323

(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. Section 6 . Said chapter is further amended by striking Code Section 10-5-12, relating to unlawful practices, in its entirety and inserting in lieu thereof 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; (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;

Page 1324

(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 securites of the same class by the 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, limited salesman, investment adviser, or investment adviser representative under this chapter;

Page 1325

(2) Is making an application for registration as a dealer, limited dealer, salesman, limited salesman, investment adviser, or investment adviser representative 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. (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

Page 1326

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. (f) It shall be unlawful for any person to transact business within or from this state as an investment adviser or investment adviser representative in violation of Code Section 10-5-3 or any rule, regulation, or order promulgated or issued by the commissioner under this chapter. (g) It shall be unlawful for any person to hold himself out as, or otherwise represent that he is, a `financial planner' or `investment counsel' or use as descriptive of his business the term `financial planner' or `investment counsel' or such similar term as may be specified in rules and regulations promulgated by the commissioner unless said person is registered as an investment adviser or investment adviser representative under this chapter. The use of the term `financial planner' or `investment adviser' or a similar term to describe a person's business shall not be used in such a way so as to be deceptive, as that term may be defined in the rules and regulations promulgated by the commissioner. (h) It shall be unlawful for any investment adviser or investment adviser representative in the course of his business as such: (1) To employ any device, scheme, or artifice to defraud; (2) To engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit; or (3) To engage in dishonest or unethical practices, as the commissioner may define by rule.

Page 1327

(i) It shall be unlawful for any person registered as an investment adviser or investment adviser representative under this chapter to represent or imply in any manner whatsoever that such person has been sponsored, recommended, or approved or that his abilities or qualifications have in any respect been passed upon by the State of Georgia or any agency or any officer thereof; provided, however, that this provision shall not be construed to prohibit a statement that a person is so registered under this chapter if such statement is true in fact and if the effect of such registration is not misrepresented. (j) Except as may be permitted by rule or order of the commissioner, it shall be unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract unless it provides in writing: (1) That the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client; provided, however, that the prohibitions of this paragraph shall not prohibit an investment advisory contract which provides for compensation based on the total value of a fund averaged over a definite period, as of definite dates, or taken as of definite date; (2) That no assignment of the contract may be made by the investment adviser without the consent of the other party to the contract; and (3) That the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change. Section 7 . Said chapter is further amended by striking Code Section 10-5-13, relating to administrative, civil, and criminal actions which may be instituted against person violating this chapter, in its entirety and inserting in lieu thereof a new Code Section 10-5-13 to read as follows: 10-5-13. (a) Whenever it may appear to the commissioner, either upon complaint or otherwise, that any person

Page 1328

has engaged in or is engaging in or is about to engage in any act or practice or transaction which is prohibited by this chapter or by any rule, regulation, or order of the commissioner promulgated or issued pursuant to any Code section of this chapter or which is declared to be unlawful under this chapter, the commissioner may, at his discretion, act under any or all of the following paragraphs: (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, limited salesman, investment adviser, or investment adviser representative; (iii) Bar or suspend the person form association with a registered dealer, a limited dealer, or an investment adviser in this state; or (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, limited salesman, investment adviser, or investment adviser representative or bars a person from association with a registered dealer, limited dealer, or

Page 1329

investment adviser 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 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;

Page 1330

(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; (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 or investment adviser law 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 (3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district

Page 1331

attorney or to the Attorney General, who may, at his individual discretion, institute the necessary criminal proceedings. (b) In any proceedings for an injunction, the commissioner may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant and his agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of investors as the facts may warrant. (c) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant or his agents, employees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings. Section 8 . Said chapter is further amended by striking Code Section 10-5-14, relating to civil liability from sales of securities, in its entirety and inserting in lieu thereof a new Code Section 10-5-14 to read as follows: 10-5-14. (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

Page 1332

to the date of repayment as computed in paragraph (1) of subsection (d) of this Code section (less the amount of any income received thereon), together with all taxable court costs and 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 (d) 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. (b) Every contract between an investment adviser and an advisory client made in violation of any provision of this chapter and every such contract heretofore or hereafter made, the performance of which involves the violation of or continuance of any relationship or practice in violation of any provision of this chapter or any rule, regulation, or order thereunder, shall be void: (1) As regards the rights of any person who, in violation of any such provision, rule, regulation, or order shall have made or engaged in the performance of any such contract; and (2) As regards the rights of any person who, not being a party to such contract, shall have acquired any right thereunder with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of any such provision. The advisory client who is a party to such a contract may sue to recover the consideration paid under such contract

Page 1333

to such investment adviser or investment adviser representative, together with interest thereon at the annual rate of 6 percent from the date of payment of the consideration, plus costs and reasonable attorney's fees. (c) Every person who directly or indirectly controls a person liable under subsection (a) or (b) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) or (b) of this Code section, every person occupying a similar status or performing similar functions, and every dealer, limited dealer, salesman, or limited salesman who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) or (b) of this Code section unless the person whose liability arises under this subsection sustains the burden of proof that he did not know and in the exercise of reasonable care could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable. (d) With respect to the purchase, sale, or offer to purchase or sell a security, no person may sue under this Code section more than two years from the date of the contract for sale or sale, if there is no contract for sale. With respect to the purchase, sale, or offer to purchase or sell a security, no person may sue under this Code section: (1) If the buyer received a written offer, before suit and at a time when he owned the security, to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer in exchange for the securities, the fair value of the consideration paid (determined as of the date such payment was originally paid by the buyer), together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security or, in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and:

Page 1334

(A) Such offeree does not accept the offer within 30 days of its receipt; or (B) If such offer was accepted, the terms thereof were complied with by the offeror; (2) If the buyer received a written offer before suit and at a time when he did not own the security to repay in cash or by certified or official bank check, within 30 days from the date of acceptance of such offer, an amount equal to 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, together with interest on such amount for the period from the date of payment down to the date of repayment, such interest to be computed in case the security consists of an interest-bearing obligation at the same rate as provided in the security or, in case the security consists of other than an interest-bearing obligation, at the rate of 6 percent per annum, less, in every case, the amount of any income received on the security, and: (A) Such offeree does not accept the offer within 30 days of its receipt; or (B) If such offer was accepted, the terms thereof were complied with by the offeror, provided no written offer shall be effective within the meaning of this subsection unless it would be exempt under Code Section 10-5-9 or, if registration would have been required, then unless such rescission offer has been registered and effected under a subsection of Code Section 10-5-5. Any person who is paid for his security in the amount provided by this subsection shall be foreclosed from asserting any remedies under this chapter regardless of whether the other requirements of this subsection have been complied with. (e) With respect to the activities of an investment adviser or investment adviser representative, no person may sue under this Code section more than two years from the date of the transaction upon which the suit is based.

Page 1335

(f) Every cause of action under this chapter survives the death of any person who might have been a plaintiff or defendant. (g) Nothing in this chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of a security. Section 9 . Said chapter is further amended by striking subsection (a) of Code Section 10-5-16, relating to notice of opportunity for a hearing, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) Where the commissioner has issued any order forbidding the sale of securities under Code Section 10-5-7, he shall promptly send to the issuer of such securities and to all persons who have registered such securities a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 10-5-3 and after the entering of any order for revocation or suspension, the commissioner shall promptly send to such person and, if such person is a salesman, limited salesman, or investment adviser representative, to the dealer, limited dealer, or investment adviser who employs or proposes to employ such salesman, limited salesman, or investment adviser representative a notice of opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the commissioner. Section 10 . Said chapter is further amended by striking Code Section 10-5-20, relating to the waiver of rights under this chapter, in its entirety and inserting in lieu thereof a new Code Section 10-5-20 to read as follows: 10-5-20. Any condition, stipulation, or provision binding any person acquiring any security or receiving investment advice to waive: (1) Compliance with any provision of this chapter or of the rules and regulations promulgated under this chapter; (2) Any rights provided by this chapter or by the rules and regulations promulgated under this chapter; or

Page 1336

(3) Any defenses arising under this chapter or under the rules and regulations promulgated under this chapter shall be void. Section 11 . Said chapter is further amended by adding a new Code Section 10-5-23.1 immediately following Code Section 10-5-23 to read as follows: 10-5-23.1. Notwithstanding any other provision of this chapter, the commissioner shall not be required to accept applications for registration or to register investment adviser representatives until the Central Registration Depository, as provided for in Code Section 10-5-10, is fully operational with respect to the registration of investment adviser representatives. Section 12 . This Act shall become effective April 1, 1989. Section 13 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988. STATE SOIL AND WATER CONSERVATION COMMITTEECONTRACTS; GRANTS. Code Section 2-6-27 Amended. No. 1329 (House Bill No. 1401). AN ACT To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Committee, so as to authorize the committee to enter into certain contracts and agreements and to receive certain grants; to repeal conflicting laws; and for other purposes.

Page 1337

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to additional powers and duties of the State Soil and Water Conservation Committee, is amended by deleting and at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting in its place a semicolon, and by adding two new paragraphs immediately following paragraph (7), to be designated paragraphs (8) and (9), respectively, to read as follows: (8) To enter into contracts and agreements with the districts, municipalities, and counties of this state, other agencies of this state, the United States and any agencies thereof, any association, any landowner or land occupier, or any person in order to carry out the purposes of this article; and (9) To receive grants from any agency of the United States government or any agency of this state, and to make grants to districts, municipalities, or counties in this state, or other state agencies in order to carry out the purposes of this article. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1988.

Page 1338

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP; DISTRICT ATTORNEYS' INVESTIGATORS. Code Section 47-2-265 Enacted. No. 1332 (House Bill No. 24). AN ACT To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, so as to provide for membership of district attorneys' investigators in the Employees' Retirement System of Georgia; to provide a definition; to provide for a commencement date; to provide for exceptions; to provide for withholding and contributions; 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 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to certain retirement provisions affecting superior court judges, district attorneys, assistant district attorneys, and employees of the Prosecuting Attorneys' Council, is amended by adding at the end of said part a new Code section, to be designated Code Section 47-2-265, to read as follows: 47-2-265. (a) As used in this Code section, the term `district attorney investigator' means a district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1. (b) Effective on July 1, 1988, or on first becoming a district attorney investigator at any time after that date, each district attorney investigator shall become a member of the Employees' Retirement System of Georgia as a condition of employment, unless such investigator was, immediately prior to appointment as a district attorney investigator,

Page 1339

a member of another publicly supported retirement or pension system or fund which provides retirement benefits based wholly or partially on compensation paid from state funds. A district attorney investigator who was employed as an investigator in a district attorney's office prior to appointment as a district attorney investigator and who was a member of any such other publicly supported retirement or pension system or fund immediately prior to such appointment may elect to become a member of the Employees' Retirement System of Georgia in lieu of membership in such other publicly supported retirement or pension system or fund by notifying the board of trustees of such election within 90 days after becoming employed pursuant to Code Section 15-18-14.1. Any such district attorney investigator who fails to notify the board of trustees within such time shall not at any time thereafter become eligible for membership in the Employees' Retirement System of Georgia during such service as a district attorney investigator. (c) Any person who becomes a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334, except that any member of the retirement system who, without any break in service, is appointed as a district attorney investigator shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (d) The state salaries paid to district attorney investigators who become members of the retirement system pursuant to this Code section shall be the basis for employee and employer contributions to the retirement system for such members. All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter for such members shall be paid from funds appropriated or otherwise made available for the operation of the superior courts. The Department of Administrative Services shall deduct from the state salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1988.

Page 1340

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. MOTOR VEHICLES AND TRAFFICCERTIFICATES OF TITLE; STOLEN VEHICLES; TOTAL LOSS CLAIMS; ODOMETER MILEAGE ON REPLACEMENT CERTIFICATES. Code Section 40-3-25.1 Amended. Code Section 40-3-41 Enacted. No. 1333 (House Bill No. 159). AN ACT To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to require the transfer of the certificate of title for certain vehicles; to provide for enforcement proceedings; to provide for a penalty; to require the disclosure of odometer mileage on replacement certificates of title; to provide for an exception; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by adding immediately following Code Section 40-3-40 a new Code Section 40-3-41 to read as follows: 40-3-41. (a) Any person, firm, or corporation which pays a total loss claim on a vehicle as a result of such vehicle being stolen shall within 15 days of the payment of such

Page 1341

total loss claim apply to the commissioner for a transfer of the certificate of title into such person's, firm's, or corporation's name. No person, firm, or corporation shall sell, transfer, or convey such vehicle until the requirements of this Code section have been met. (b) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the Georgia Administrative Procedure Act. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (c) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such

Page 1342

provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. Section 2 . Said article is further amended by striking Code Section 40-3-25.1, relating to the entry of the odometer reading on the certificate of title upon sale or transfer of a motor vehicle, and substituting in lieu thereof a new Code Section 40-3-25.1 to read as follows: 40-3-25.1. In addition to the information required by Code Section 40-3-25, each certificate of title issued by the commissioner shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, he shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time he executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title. However, vehicles having a gross vehicle weight rating of more than 16,000 pounds shall be exempt from the requirement of disclosure of the odometer mileage on certificates of title. The commissioner is authorized and directed to provide by regulation for the implementation of this Code section.

Page 1343

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. LAKE SIDNEY LANIERMARINE TOILETS; HOLDING TANKS; DISCHARGE OF SEWAGE FROM VESSELS INTO LAKE PROHIBITED; REGISTRATION OF VESSELS. Code Sections 12-5-29, 52-7-3, and 52-7-25 Amended. Code Section 52-7-8.1 Enacted. No. 1334 (House Bill No. 308). AN ACT To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, so as to provide that it shall be unlawful to operate or float a vessel on Lake Sidney Lanier with a toilet that is not designed for no discharge and to fail to display a certificate certifying compliance; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, so as to provide for definitions of the terms discharged, holding tank, marine toilet, portable marine toilet, protected fresh waters, and sewage; to provide for findings and for a declaration of the intent of the General Assembly to prohibit the discharge of sewage from vessels into Lake Sidney Lanier; to provide that it shall be unlawful to operate designed for no discharge; to provide that it shall be unlawful to pump out a holding tank into anything other than an approved pump-out facility; to provide that compliance shall be achieved by July 1, 1988, for vessels being operated or floated on Lake Sidney Lanier and that after such date persons renewing registrations for affected vessels must certify compliance on their next date of renewal; to provide that persons registering affected vessels after July 1, 1988, for vessels to be operated or floated

Page 1344

on Lake Sidney Lanier must comply; to require that any vessel operated or floated on Lake Sidney Lanier which has a marine toilet must be registered and a certificate must be obtained; to require the maintenance of certain records; to provide that vessels must display certificates certifying compliance; to provide that vessel owners must pay a fee for such certificates; to provide for the disposition of such fees; to provide penalties for failure to obtain certificates or for falsifying information; to provide for law enforcement officers to board vessels to determine compliance; 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 12-5-29 of the Official Code of Georgia Annotated, relating to the disposal of sewage into waters of the state, is amended by adding to the end thereof the following: (c) As applied to the waters of Lake Sidney Lanier, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto. Section 2 . Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the Georgia Boat Safety Act, is amended by striking Code Section 52-7-3, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 52-7-3 to read as follows: 52-7-3. As used in this article, the term: (1) `Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident.

Page 1345

(2) `Board' means the Board of Natural Resources. (3) `Boat livery' means a business which holds any vessel for renting, leasing, or chartering. (4) `Commissioner' means the commissioner of natural resources. (5) `Dealer' means any person engaged in the business of manufacturing vessels or selling new or used vessels at an established place of business. (6) `Department' means the Department of Natural Resources. (7) `Discharged' means, and shall include, spilled, leaked, pumped, poured, emitted, or dumped. (8) `Holding tank' means any container which is designed to receive and hold sewage and other wastes discharged from a marine toilet, and which is constructed and installed in such a manner that it can only be emptied by pumping out the contents of such holding tank. (9) `Idle speed' means a slow speed maintained by the operator of a mechanically propelled vessel reached by engaging the engine of the vessel into said speed by reducing the throttle to a minimum. (10) `Marine toilet' includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage. A marine toilet must be equipped with a holding tank which can be emptied only by pumping out. (11) `Mechanically propelled vessel' means, for the purpose of determining fire extinguisher requirements, those vessels propelled by machinery using a volatile liquid for fuel. (12) `Nonmotorized vessel' means any vessel other than a sailboat which has no motor attached in a manner to make it readily available for operation.

Page 1346

(13) `No wake' means that the wake or wash created by the movement of the vessel through the water is minimal. (14) `Operate' means to navigate or otherwise use a vessel which is not at anchor or moored, including vessels which are being paddled, are drifting, or are being powered by machinery. (15) `Operator' means the person who operates or has charge of the navigation or use of a vessel. (16) `Owner' means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation but the term excludes a lessee under a lease not intended as security. (17) `Person' means an individual, partnership, firm, corporation, association, or other legal entity. (18) `Personal flotation device' means any lifesaving device classified and approved as Type I, Type II, Type III, Type IV, or Type V (Hybrid) by the United States Coast Guard. (19) `Portable marine toilet' means any device which is movable or portable and is not permanently installed on a vessel, and which is designed to receive and temporarily retain sewage. (20) `Power boat' means any boat, vessel, or watergoing craft which is propelled by mechanical rather than manual means whether or not such propulsion device forms an integral part of the structure thereof. (21) `Protected fresh waters' means the waters of Lake Sidney Lanier. (22) `Reportable boating accident' means an accident, collision, or other casualty involving a vessel subject to

Page 1347

this article which results in loss of life, injury sufficient to cause incapacitation for at least 24 hours, or actual physical damage to property, including vessels, in excess of $200.00. (23) `Sewage' means human body wastes and the waste from toilets and other receptacles intended to receive or retain body wastes. (24) `Undocumented vessel' means a vessel which is not required to have and does not have a valid marine document issued by the United States Coast Guard or federal agency successor thereto. (25) `Vessel' means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts. (26) `Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state. This definition shall not include privately owned ponds or lakes not open to the public. Section 3 . Said article is further amended by adding immediately following Code Section 52-7-8 a new Code Section 52-7-8.1 to read as follows: 52-7-8.1. (a) (1) The General Assembly finds that because of the great number of vessels having marine toilets which are operated or moored on Lake Sidney Lanier, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of said lake. The General Assembly finds that the volume of vessels on Lake Sidney Lanier far exceeds such volume on other fresh water lakes in Georgia and, therefore, special protection for the waters of such lake is required. (2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the

Page 1348

General Assembly to protect and enhance the quality of the waters of Lake Sidney Lanier by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lake shall be prohibited. (b) It shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters. (c) It shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out. (d) It shall be unlawful to pump out any sewage from a holding tank except into a pump-out facility approved by the department. It shall also be unlawful to discharge or dispose of the wastes from a portable marine toilet into protected fresh waters except into a pump-out facility approved by the department or into a permanent toilet or sewer system located on dry land. (e) It shall be unlawful for any person to operate or float a vessel having a marine toilet whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and holding tank as the terms are defined in Code Section 52-7-3 have been properly installed on the vessel. (f) Applications shall be signed by the owner or owners of the vessel and shall be accompanied by a fee of $5.00. A certificate issued under this Code section shall continue in full force and effect, and shall not require renewal; provided, however, that the certificate shall become invalid if it is

Page 1349

determined that a false or fraudulent statement was made in the application. Notwithstanding any other provision of law, the department is authorized to retain all funds generated by the operation of its program to require certificates for marine toilets under this Code section for use in the operation of that program. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. (g) This Code section shall apply on and after July 1, 1988, for all vessels on protected fresh waters, whether or not they are registered. Each owner of a vessel registered prior to July 1, 1988, shall declare the existence of any marine toilet on the vessel and shall apply for a certificate for the marine toilet at the first date of renewal of the vessel's registration after July 1, 1988, if said vessel is to be operated or floated on protected fresh waters. For vessels registered after July 1, 1988, which will be operated or floated on protected fresh waters, each vessel owner shall declare the existence of any marine toilet and apply for a certificate for the marine toilet at the same time application is made to register a vessel. Regardless of any other provisions of this title to the contrary, any vessel which has a marine toilet and which is to be operated or floated on protected fresh waters must be registered and must obtain a certificate pursuant to this Code section. (h) Any person owning a vessel with a marine toilet, who does not obtain a certificate for such toilet upon the issuance or first renewal of the vessel's registration after July 1, 1988, if such vessel is operated or floated on protected fresh waters, and any person who falsifies information about the existence of a marine toilet or holding tank in an application for a certificate, shall be guilty of a misdemeanor and shall be subject to the penalties associated with misdemeanors.

Page 1350

(i) Persons operating or floating vessels with marine toilets and subject to the requirements of this Code section shall create and maintain for at least one year after creation, records which indicate the name and location of pump-out facilities used and the dates of such use. Persons who own or operate pump-out facilities shall also create and maintain for at least one year after creation, records which indicate the name and vessel registration number, the date of pump-out, and verification of pump-out. Section 4 . Said article is further amended by adding immediately following paragraph (4) of subsection (b) of Code Section 52-7-25, relating to enforcement of article, a new paragraph (4.1) to read as follows: (4.1) To board vessels in use or floating, whether moored or not, for purposes of examining any marine toilets, holding tanks, and documents related to them, including records of pump-out and certificates of compliance, and to search without warrant any such vessel to determine compliance with the provisions of this article related to marine toilets when the officer believes that any of said provisions of this article relating to marine toilets have been violated; . 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 11, 1988.

Page 1351

RETIREMENT AND PENSIONSEMPLOYEES OF THE STATE BOARD OF EDUCATION OR STATE DEPARTMENT OF EDUCATION; MEMBERSHIP IN EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA OR TEACHERS RETIREMENT SYSTEM OF GEORGIA. Code Sections 47-2-1, 47-3-1, and 47-3-60 Amended. No. 1335 (House Bill No. 1071). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relative to the definition of a teacher under the Teachers Retirement System of Georgia; to provide that certain new employees of the State Board of Education and State Department of Education shall continue to be members of the teachers retirement system unless they elect membership in the employees' retirement system; to provide that certain present employees of the State Board of Education or State Department of Education who are members of the employees' retirement system may elect to become members of 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 in Code Section 47-2-1, relating to definitions under the Employees' Retirement System of Georgia, immediately following paragraph (16.4), a new paragraph (16.5) to read as follows: (16.5) `Employee' shall not include personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain members of the Teachers Retirement System of Georgia pursuant to applicable provisions of Chapter 3 of this title.

Page 1352

Section 2 . Said title is further amended by adding in paragraph (28) of Code Section 47-3-1, relating to definitions under the Teachers Retirement System of Georgia, immediately following subparagraph (F.3) a new subparagraph (F.4) to read as follows: (F.4) Personnel employed by the State Board of Education or by the State Department of Education who are authorized to elect and elect to become or remain members of the retirement system pursuant to the applicable provisions of Code Section 47-3-60; Section 3 . Said title is further amended by adding immediately following subsection (h) of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, a new subsection (h.1) to read as follows: (h.1) Personnel employed for the first time by the State Board of Education or by the State Department of Education on or after July 1, 1988, who, at the time of becoming so employed, are members of this retirement system shall continue as members of this retirement system unless such personnel elect membership in the Employees' Retirement System of Georgia at the time of their employment. Such election shall be made in writing to the board of trustees of this retirement system and to the board of trustees of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the State Board of Education or the State Department of Education. The State Board of Education shall provide by regulation for informing prospective employees who are subject to the provisions of this subsection of the option provided for by this subsection so that such personnel may choose to continue membership in this retirement system or become members of the Employees' Retirement System of Georgia at the time of their employment. Section 4 . Said title is further amended by striking subsection (i) of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof 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

Page 1353

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) This subsection shall also apply to any personnel employed by the State Board of Education or by the State Department of Education at any time before July 1, 1988, who are members of the Employees' Retirement System of Georgia and who, at the time of becoming employed by said state board or department, had ten or more years of membership service in this retirement system. (3) At any time from July 1, 1988, until not later than July 1, 1989, personnel described in paragraphs (1) and (2) of this subsection are authorized to transfer service credits and membership, including employer and employee contributions, from the Employees' 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. (4) 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

Page 1354

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 5 . This Act shall become effective on July 1, 1988. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. COUNTY BOARDS OF FAMILY AND CHILDREN SERVICESNOMINEES FOR MEMBERSHIP. Code Section 49-3-2 Amended. No. 1336 (House Bill No. 1189). AN ACT To amend Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, so as to provide that nominees for appointment to a board shall certify their willingness to serve if appointed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 49-3-2 of the Official Code of Georgia Annotated, relating to county boards of family and children services, is amended by striking subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

Page 1355

(a) Each county board shall consist of five members who shall be appointed by the commissioner of human resources on the recommendation and nomination of the county commissioner or board of commissioners or other legally constituted fiscal or financial agent of the county. Such county commissioner or board of commissioners or fiscal or financial agent shall recommend and nominate to the commissioner three influential and respected citizens, recognized for their demonstrated interest in family and children services provided by the county department, for each position on the county board to be filled by the commissioner. As a condition of being designated as a nominee, each person so designated shall certify in writing to the county commissioner or board of commissioners or fiscal or financial agent that the person intends to serve as a member of the board if the person is appointed to the board. No elected officer of the state or any subdivision thereof shall be eligible for appointment to the county board. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. PERSONAL ATTENDANT CARE PROGRAM FOR DISABLED ADULTS ACTENACTMENT. Code Title 30, Chapter 6 Enacted. No. 1337 (House Bill No. 1217). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to authorize the Division of Rehabilitation Services of the Department of Human Resources to establish a personal attendant care program for disabled adults; to provide a short title; to provide for intent; to

Page 1356

provide for a certain definition; to provide for the promulgation of standards to administer and monitor the program; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new chapter, to be designated Chapter 6, to read as follows: CHAPTER 6 30-6-1. This chapter shall be known and may be cited as the `Personal Attendant Care Program for Disabled Adults Act.' 30-6-2. The purpose of this chapter is to allow severely physically disabled adults to be able to live independently of nursing homes and institutions while obtaining training and possible employment. 30-6-3. As used in this chapter, the term `personal attendant care services' means services which are required by a severely physically disabled adult to achieve greater physical independence and which include, but are not limited to, assistance with: (1) Routine bodily functions such as bowel or bladder care; (2) Dressing; (3) Housecleaning; (4) Preparation and consumption of food; (5) Moving in and out of bed; (6) Routine bathing; (7) Ambulation; and (8) Any other similar activity of daily living.

Page 1357

30-6-4. The Division of Rehabilitation Services of the Department of Human Resources is authorized to establish a personal attendant care program for severely physically disabled adults residing in the State of Georgia. 30-6-5. The Division of Rehabilitation Services, in conjunction with the Statewide Independent Living Council and other appointed disabled users of attendant care services, shall develop standards necessary for the proper administration of the personal attendant care program and shall establish guidelines for eligibility, services, training, and evaluation under the program. 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 11, 1988. APPEAL AND ERRORAPPEALS FROM DECISIONS OF STATE COURTS REVIEWING DECISIONS OF MAGISTRATE COURTS. Code Section 5-6-35 Amended. No. 1338 (House Bill No. 1235). AN ACT To amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, so as to provide for appeals from decisions of the state courts reviewing decisions of magistrate courts; to provide for practices and procedures connected therewith; to repeal conflicting laws; and for other purposes.

Page 1358

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to applications for appeals for discretionary appeals, is amended by striking subsection (a) thereof and inserting in lieu thereof a new subsection (a) to read as follows: (a) Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers' Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings; provided, however, that this provision shall not apply to decisions of the Public Service Commission and probate courts and to cases involving ad valorem taxes and condemnations; (2) Appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony, awarding or refusing to change child custody, or holding or declining to hold persons in contempt of such alimony or child custody judgment or orders; (3) Appeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less; (4) Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34; (5) Appeals from orders revoking probation; (6) Appeals in all actions for damages in which the judgment is $2,500.00 or less; (7) Appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial;

Page 1359

(8) Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment; (9) Appeals from orders granting or denying temporary restraining orders; (10) Appeals from awards of attorney's fees or expenses of litigation under Code Section 9-15-14; and (11) Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATESRENUNCIATIONS OF SUCCESSIONS TO INTERESTS IN PROPERTY. Code Section 53-2-115 Amended. No. 1339 (House Bill No. 1250). AN ACT To amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, so as to change the provisions relating to renunciations of successions to interests in property; to clarify the breadth of the description of interests in property that may be renounced and the persons who may renounce them; to provide a definition of the term interest in property; to extend the time in which a minor

Page 1360

may renounce an interest in property; to provide that an attempted renunciation shall operate as a transfer of the interest in property; to clarify that Code Section 53-2-115 does not alter the duties or responsibilities of a fiduciary; to provide that precatory expressions in a renunciation shall have no legal effect; 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 53 of the Official Code of Georgia Annotated, relating to legacies and devises, is amended by striking Code Section 53-2-115, relating to renunciation of succession to interests in property, and inserting in lieu thereof a new Code Section 53-2-115 to read as follows: 53-2-115. (a) Any person to whom an interest in property is transferred, or who succeeds to an interest in property by contract or by operation of law, or any fiduciary acting on behalf of such person may renounce in whole or in part the succession to any property or interest therein by filing a written instrument within the time and at the place provided in subsection (b) of this Code section. For purposes of this Code section, the term `interest in property' includes any powers over or rights with respect to such property. The instrument shall: (1) Describe the property or part thereof or interest therein renounced; (2) Be signed by the person renouncing; and (3) Declare the renunciation and the extent thereof. (b) The writing specified in subsection (a) of this Code section must be filed within nine months after the date the interest in property is transferred or within 12 months of the transfer if the transferee is a ward and a guardian has been appointed at the time of the transfer, or, if the taker of the property is not then finally ascertained, but in no event later than nine months after the event by which the taker or the interest is finally ascertained. The writing must be filed in the court of the county in which proceedings concerning

Page 1361

the decedent's estate are pending or in which they would be pending if commenced if the transferor is deceased and in the county in which the real property is located if such transfer is a transfer of real property. A copy of the writing shall also be mailed to the transferor or to the personal representative of the decedent if the transferor is deceased. (c) Unless the decedent or donee of the power has otherwise indicated by his will, the interest renounced and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest renounced shall pass as if the person renouncing had predeceased the decedent or, if the person renouncing is one designated to take pursuant to a power of appointment exercised by a testamentary instrument, as if the person renouncing had predeceased the donee of the power. In every case the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be. (d) The following shall bar the right to renounce as to the property: (1) Any assignment, conveyance, encumbrance, pledge, or transfer of property therein or any contract therefor; (2) Any written waiver of the right to renounce or any acceptance of property by a transferee; or (3) Any sale or other disposition of property pursuant to judicial process, made before the expiration of the period in which he or she is permitted to renounce. (e) The right to renounce granted by this Code section exists irrespective of any limitation in the nature of a spendthrift provision or similar restriction on the interest of the person renouncing. (f) This Code section does not abridge the right of any person to assign, convey, release, or renounce any property arising under any other Code section or any other statute. (g) A renunciation that fails to meet the requirements of this Code section shall operate as a transfer of the interest

Page 1362

in property to those persons who would have received such interest in property if the renunciation had met the requirements of this Code section. (h) Nothing in this Code section shall be deemed to alter the duties or responsibilities of any fiduciary. (i) Any expression of intent or desire in a renunciation by the person renouncing as to the disposition of the renounced interest in property shall, unless specifically declared to be a condition of such renunciation, be considered merely precatory and shall have no legal effect. (j) Any interest in property which existed on March 27, 1972, but which had not then become indefeasibly fixed both in quality and quantity, or the taker of which had not then become finally ascertained, may be renounced as provided in this Code section. An interest which arose prior to March 27, 1972, in any person other than the person renouncing is not destroyed or diminished by any action of the person renouncing taken under this Code section. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1363

REVENUE AND TAXATIONTAX EXECUTIONS; NOTICE TO TAXPAYER; TAX OFFICIALS AND EMPLOYEES PAYING TAX EXECUTIONS PROHIBITED; VOID EXECUTIONS; MAXIMUM CHARGE FOR RELEASE OR SATISFACTION. Code Sections 48-3-3 and 48-3-19 Amended. No. 1340 (House Bill No. 1280). AN ACT To amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to require the tax official to give the taxpayer certain notice prior to issuing a tax execution; to provide that it shall be unlawful for certain tax officials and their employees to pay tax executions in order to obtain transfer of such executions; to provide that executions transferred in violation of the foregoing shall be void and unenforceable; to provide for criminal penalties for violations; to provide for the maximum amount which the transferee of a tax execution may charge for the release or satisfaction of such execution; to require the would-be transferee of a tax execution to give certain notice prior to obtaining the transfer of a tax execution; 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 . Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, is amended by striking Code Section 48-3-3, relating to issuing tax executions, and inserting in lieu thereof a new Code Section 48-3-3 to read as follows: 48-3-3. (a) Except as otherwise provided in Code Section 48-5-512, the tax collector or tax commissioner shall issue executions for nonpayment of taxes collectable by him at any time after 30 days have elapsed since giving notice as provided in subsection (b) of this Code section. The executions shall be directed to all and singular sheriffs and constables of the state.

Page 1364

(b) As soon as the last day for the payment of taxes has arrived, the tax collector or tax commissioner shall notify in writing the taxpayer of the fact that the taxes have not been paid and that, unless paid, an execution shall be issued. Section 2 . Said chapter is further amended by striking Code Section 48-3-19, relating to transfer of tax executions, and inserting in lieu thereof a new Code Section 48-3-19 to read as follows: 48-3-19. (a) (1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes and proves compliance with subsection (c) of this Code section, the officer whose duty it is to enforce the execution, upon the request of the party paying the execution, shall transfer the execution to the party so paying. The person to whom the execution is transferred shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed before the transfer, if, within 30 days of the transfer, the person to whom the execution is transferred has the execution entered on the general execution docket of the superior court of the county in which the execution was issued and, if the person against whom the execution was issued resides in a different county, has the execution entered on the general execution docket of the superior court in the county of such person's residence. In default of the required entry, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. (2) (A) It shall be unlawful for any tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this paragraph to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this paragraph are: (i) County tax receivers, tax collectors, and tax commissioners;

Page 1365

(ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of sub-paragraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and his successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall upon conviction be guilty of a misdemeanor. (b) (1) The county governing authority of each county having a population of 600,000 or more, according to the United States decennial census of 1970 or any future such census, and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, executions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a discount is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the portion of the taxes payable to the state and the portion of the discount applicable to the taxes due the state shall be absorbed by the county or municipality. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions. (2) Whenever the official authorized to sell and transfer executions at a discount determines to do so, a

Page 1366

schedule of the executions to be so transferred, together with the name of the person or corporation to whom or to which the executions are to be transferred and the discount to be allowed, shall be furnished in writing to the officer charged by law with the duty of enforcing the executions to be transferred. Upon receipt from the purchaser so designated of the amount of the principal, interest, and costs then due on the executions less the discount specified in the written notice, the officer charged by law with the duty of enforcing the executions shall transfer and deliver the executions to the person or corporation making the payment. The transfers shall recite as the consideration for the transfer the receipt of the full amount of the executions as though no discount had been allowed. The transfers shall vest in the transferee and his or its successors and assigns the full priority of the lien and all of the rights and powers for enforcing the executions and collecting the full amount of the executions including principal, interest, and costs which were at the time of the transfer possessed or held by the state, county, city, or municipality by, for, or in the name of which the executions were issued. The transferee and its successors and assigns shall be subrogated to all of the rights and powers with respect to the executions possessed by, or which would thereafter accrue to, the state, county, municipality, or city by, for, or in the name of which the executions were issued, had no transfer been made. The lien of the executions shall not be divested by any sale under any other process, judicial or otherwise, or by any sale to satisfy any prior or any subsequent tax lien, if the transferee has the executions entered on the general execution docket of the superior court of the county in which the executions were issued and, if the person against whom the same were issued resides in a different county, then also in the county of such person's residence within 30 days of the date of the transfers. In default of the required entry, the executions shall lose their lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the executions. (3) Nothing done or omitted to be done by any officer or employee of the state, county, city, or municipality

Page 1367

by, for, or in the name of which the executions so sold and transferred were issued shall prevent or in any way interfere with the collection of the full amount of the principal, interest, and costs due on, and in accordance with the terms of, the executions. No person liable for the payment of the taxes represented by the executions or desiring for any reason to pay such taxes shall be entitled to any credit or benefit from or on account of the discount allowed to the transferee of the executions. The collection of the executions shall not be defeated for any reason except upon proof that the tax has been paid or that the property on which the tax was assessed is exempt from taxation under the laws of this state. (4) Tax executions sold and transferred at a discount in accordance with this subsection shall not be enforced by levy within three months of the date of the transfer. Nothing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the executions or to interfere with the collection of the executions in any manner other than by levy of the executions. (c) No person may pay a tax execution and thereby become the transferee of such execution as provided in subsection (a) of this Code section unless and until such person has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 30 days have elapsed since the giving of such notice. (d) The person to whom a tax execution is transferred as provided in this Code section or his successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum. Section 3 . This Act shall become effective July 1, 1988, and shall apply with respect to executions transferred on or after said effective date.

Page 1368

Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. CHILD CUSTODYVISITATION RIGHTS; CUSTODIAL PARENT; NOTICE OF CHANGE OF ADDRESS. Code Section 19-9-1 Amended. No. 1341 (House Bill No. 1294). 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 in cases where visitation rights have been provided to the noncustodial parent, the custodial parent shall have to provide certain written information concerning the place for pickup and delivery of the child so that the noncustodial parent may exercise such parent's visitation rights; 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 subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) 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. (2) In any case in which visitation rights have been provided to the noncustodial parent and the court orders

Page 1369

that the custodial parent provide notice of a change in address of the place for pickup and delivery of the child for visitation, the custodial parent shall notify the noncustodial parent, in writing, of any change in such address. Such written notification shall provide a street address or other description of the new location for pickup and delivery so that the noncustodial parent may exercise such parent's visitation rights. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. PROFESSIONAL CORPORATIONSSHAREHOLDERS TO BE ACTIVE PRACTITIONERS IN CORPORATION. Code Section 14-7-5 Amended. No. 1342 (House Bill No. 1302). AN ACT To amend Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, so as to provide that a shareholder of a professional corporation must be an active practitioner in the corporation which issued the shares; to provide for redemption, cancellation, or transfer of shares held by a shareholder who is not an active practitioner in the issuing corporation; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, is amended by striking Code Section 14-7-5, relating to stock in

Page 1370

a professional corporation, in its entirety and inserting in lieu thereof a new Code Section 14-7-5 to read as follows: 14-7-5. (a) Shares in a professional corporation may only be issued to, held by, or transferred to a person who is licensed to practice the profession for which the corporation is organized and who, unless disabled, is actively engaged in such practice as an active practicing member of the issuing corporation, except as otherwise permitted under this Code section. Each stock certificate shall be appropriately endorsed disclosing this restriction and stating that shares standing in the name of a disqualified or retired person, or in the name of the personal representative of a deceased person, except during the holding period provided in this Code section, are void. (b) Shares in a professional corporation shall be voted by the holder of record or by another shareholder in the same corporation in accordance with a proxy or an agreement providing for the voting of the shares. (c) Shares in a professional corporation held by a deceased or retired shareholder shall, within six months after the date of death or retirement of such shareholder, be either redeemed or canceled by the corporation or transferred to a person or persons authorized to hold the shares unless transferred under a written agreement to an authorized shareholder pursuant to subsection (d) of this Code section. The shares held by a shareholder who becomes legally disqualified from practicing the profession for which the corporation is organized or who is disqualified as a shareholder under subsection (a) of this Code section shall be so redeemed, canceled, or transferred within 90 days after the disqualification becomes final. In the absence of an article or bylaw provision or an agreement providing for the redemption or transfer of such shares or, if the shares are not redeemed or transferred pursuant to such a provision or agreement within the required period of time, the corporation is authorized to and shall cancel the shares on its books at the termination of the required period. If valuation and payment terms are not fixed under such an existing provision or agreement and are not agreed upon either prior to or at any time after the termination of the required period, the fair value of the redeemed

Page 1371

or canceled shares shall be determined and paid in the same manner as if the personal representative of the deceased shareholder, or the retired or disqualified shareholder, were a shareholder entitled to valuation and payment for his shares under subsection (g) of Code Section 14-2-251, after failure to agree on valuation under subsection (d) of Code Section 14-2-251. The personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall not be authorized at any time to participate in or vote on any matter concerning the rendering of professional services by the corporation. Upon the actual transfer or redemption or termination of the required holding period, whichever first occurs, the personal representative of the deceased shareholder, or the retired or disqualified shareholder, shall cease to be a holder of record for all purposes and shall deliver the share certificates to the purchaser or to the corporation with any required endorsement. (d) Shares held in a professional corporation and owned by a shareholder may be transferred under a written agreement to an authorized shareholder which allows the shares to remain outstanding provided that the shares are collateral under a security agreement for the purchase price of the shares. In the event that the purchase price is not paid and the shares held as collateral are returned to the selling shareholder, the selling shareholder shall have a reasonable period of time, not to exceed one year after the return of the shares, to transfer the shares to an authorized shareholder. During that period the shareholder, if an active or inactive member of his profession, may vote the shares. (e) If a professional corporation at any time ceases to have a shareholder licensed or otherwise authorized to practice and actually practicing, the profession for which the corporation is organized, or if a professional corporation does not redeem, cancel, or transfer the shares of a disqualified, retired, or deceased person in accordance with this Code section, the corporation shall cease to be a professional corporation and shall operate as a corporation for profit organized under Chapter 2 of this title for the sole purpose of liquidation. The corporation may at any time after it ceases to be a professional corporation change its purpose by amending its articles.

Page 1372

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. ALCOHOLIC BEVERAGESDUTY OF SELLER TO VERIFY AGE OF PURCHASER OR OTHER PERSON. Code Section 3-3-23 Amended. No. 1343 (House Bill No. 1322). AN ACT To amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages, so as to provide for the duty to verify that the person to whom an alcoholic beverage is sold or otherwise furnished is 21 years of age or older under certain circumstances; to provide for definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, purchase of, or profession by persons under 21 years of age of alcoholic beverages, is amended by adding at the end thereof a new subsection, to be designated subsection (h), to read as follows: (h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request to see and to be furnished with proper identification as provided for in subsection (d) of this

Page 1373

Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. WATER WELL STANDARDS ACT OF 1985ATTORNEY GENERAL; DUTIES; WATER WELL CONTRACTORS; LICENSES; VARIANCES FROM DISTANCE REQUIREMENT BETWEEN WELLS AND SEPTIC TANKS. Code Sections 12-5-123, 12-5-127, and 12-5-134 Amended. No. 1344 (House Bill No. 1336). AN ACT To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Water Well Standards Act of 1985, so as to provide that the Attorney General shall provide legal services for the State Water Well Standards Advisory Council; to change the provisions relating to the licensing of water well contractors generally; to require affidavits of past experience in water well construction from applicants for licenses; to provide that a property owner may apply for a variance from certain distance requirements between wells and septic tanks and other such facilities; to provide for the granting of variances under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1374

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the Water Well Standards Act of 1985, is amended by adding at the end of Code Section 12-5-123, relating to the creation of the State Water Well Standards Advisory Council, a new subsection (f) to read as follows: (f) The Attorney General shall provide legal services for the council. Section 2 . Said part is further amended by striking in its entirety subsection (c) of Code Section 12-5-127, relating to the licensing of water well contractors generally, which reads as follows: (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting a certified affidavit from a licensed water well contractor that the applicant has had at least two years of water well construction experience under said licensed contractor, and by any one of the methods described as follows: (1) Presentation of copies of a county or city occupational license, or both, covering two years and indicating the occupation as `well driller,' `water well contractor,' or equialent; provided, however, that such county or city occupational license shall be acceptable as proof only if the licensee was required to verify his experience and qualifications as a `well driller,' `water well contractor,' or equivalent by successful completion of an examination or such other method designed to verify the licensee's skills as the local governing authority may require; (2) Presentation of a list of ten wells, together with their locations, major use, and approximate customer cost that the applicant has constructed or has helped to construct within the last two years. This list must show the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. Completion dates of the ten wells

Page 1375

must span the two-year time period. In addition, the applicant must provide notarized letters from three persons attesting to the length of time the applicant has been in the water well construction business as a major activity; or (3) In lieu of the methods described in paragraphs (1) and (2) of this subsection, presentation to the council of satisfactory proof of equivalent value, which, at the council's option, may be accepted on an individual basis., and inserting in lieu thereof a new subsection (c) to read as follows: (c) Satisfactory proof of two years' experience in the water well construction business shall be made by presenting certified affidavits from one or more licensed water well contractors that the applicant has had at least two years of full-time water well construction experience. The council may require additional references to evaluate the applicant's experience. Section 3 . Said part is further amended by striking in its entirety subparagraph (A) of paragraph (1) of Code Section 12-5-134, relating to standards applying to wells and boreholes, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) (i) The well should be located as far removed, and in a direction opposite to the ground water flow, from known or potential sources of pollutants as the general layout of the premises and surroundings permits; however, prior to actual construction, the water well contractor shall notify the county health department of the intent to drill a water well, providing such information as is required on forms prepared by the council. The well shall not be located in areas subject to flooding unless the well casing extends at least two feet above the level of the highest known flood of record. Except as otherwise provided in division (ii) of this subparagraph, all new wells must be located at least the following horizontal distances from the following structures: (I) Not less than ten feet from a sewer line;

Page 1376

(II) Not less than 50 feet from a septic tank; (III) Not less than 100 feet from a septic tank absorption field; (IV) Not less than 150 feet from a cesspool or seepage pit; and (V) Not less than 100 feet from an animal or fowl enclosure. (ii) Any property owner may apply to the health department for a variance of the distances cited in this subparagraph due to extenuating circumstances. The owner shall provide for the health department written information explaining the need for a variance. The health department, upon considering the information provided and any other information it deems necessary, may issue a variance;. 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, 1988.

Page 1377

STATE GOVERNMENTNONPROFIT CONTRACTORS DOING BUSINESS WITH STATE; AUDITS; FINANCIAL STATEMENTS; REPORTING REQUIREMENTS; STATE AUDITOR. Code Section 50-20-3 Amended. No. 1345 (House Bill No. 1413). AN ACT To amend Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, so as to preclude duplication of audits; to require financial statements to include revenues and expenditures in certain instances; to increase the reporting requirements so that the required audit must be submitted annually rather than biennially; to require that such reports shall conform to the federal requirements embodied within Public Law 98-502, known as the Single Audit Act of 1984 or any regulations promulgated thereunder; to remove certain provisions relating to the state auditor; to provide that certain nonprofit contractors shall submit a financial summary and statement in lieu of a certified audit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-20-3 of the Official Code of Georgia Annotated, relating to required reports and agreements by nonprofit contractors who engage in business with the state, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 50-20-3 to read as follows: 50-20-3. (a) Before entering into a contract with a nonprofit contractor, a state agency shall require the contractor to: (1) Furnish the state agency with certified financial statements showing the nonprofit contractor's financial

Page 1378

condition at the end of the previous fiscal year and revenues and expenditures for the previous fiscal year. Where the nonprofit contractor has been in existence for less than a full year, the financial statements shall cover the operations year to date for the current year. The financial statements shall include an individual listing of each employee and his salary and reimbursable expenses, a listing by category of the sources of income of the nonprofit contractor, and a listing of the source or sources of all public funds received by the nonprofit contractor and the program for which the funds were received; (2) (A) Furnish annually to the state agency, after the end of the nonprofit contractor's fiscal year, the report of an independent auditor acceptable to the state agency with the predominant interest. The report shall cover the nonprofit contractor's activities for the fiscal year just ended, the nonprofit contractor's financial condition at the end of the fiscal year just ended, and shall contain at minimum the financial, compliance, internal control, and Federal Financial Assistance information in a format as described in Public Law 98-502 known as the Single Audit Act of 1984 and its implementing regulation, OMB Circular A-128. The report shall also include a schedule of Federal Financial Assistance, a listing of each employee's salary and reimbursable expenses paid during the fiscal year just ended, and any other schedules, reports, and exhibits required by the contracting state agencies. All audits shall be conducted in accordance with generally accepted government auditing standards established by the comptroller general of the United States. The state agency with the predominant interest shall be that state agency which has contracted to pay to the nonprofit contractor the largest aggregate amount of money covered by the audit report. (B) It shall be the duty of the state agency with the predominant interest to review each audit report and no other state agency shall be required to do so; (3) Provide on an annual basis, after the end of the nonprofit contractor's fiscal year, a summary statement,

Page 1379

for each contracted program, of the services delivered, the number of people served, and such other information as the state agency shall require. A copy of each summary statement shall be furnished by the nonprofit contractor to the state agency; and (4) Refrain from political activities including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a referendum, or the display of political posters, stickers, or other printed material. (b) For the purposes of paragraphs (1) through (3) of subsection (a) of this Code section, if for any nonprofit contractor's fiscal year: (1) There are or will be in operation during such fiscal year contracts from more than one state agency but no contracts or grants from any federal agency, then the reports required by such paragraphs prepared for the agency with the predominant interest shall be accepted by the other state agencies as fulfilling such requirements; or (2) There are in operation during such fiscal year contracts from one or more state agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agency or agencies which substantially comply with the requirements of such paragraphs, then the state agency shall accept such reports as fulfilling such requirements. (c) No state agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this Code section. (d) A state agency may require, in accordance with law, nonprofit contractors to submit reports in addition to those required by this chapter and may require nonprofit contractors to meet requirements in addition to those specified by this chapter.

Page 1380

(e) A nonprofit contractor shall furnish the state agency with a financial audit required by paragraph (2) of subsection (a) of this Code section and the summary statement required by paragraph (3) of subsection (a) of this Code section within 120 days after the end of the nonprofit contractor's fiscal year unless the state agency with the predominant interest, in its discretion, authorizes additional time for the filing of the reports. In no case shall the information be filed later than 180 days after the end of the annual reporting period. Any nonprofit contractor who receives less than $25,000.00 in contracts or grants in any year shall not be required to submit a certified audit but shall submit a financial summary and statement with such information as required by the agency administering such contract or grant. 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 11, 1988. INCOME TAXESADMINISTRATION AND ENFORCEMENT; CORPORATE RETURNS; WITHHOLDING TAX RETURNS; ESTIMATED TAXES; PENALTIES. Code Title 48, Chapter 7 Amended. No. 1346 (House Bill No. 1417). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, so as to revise provisions relating to income tax administration and enforcement; to change the due dates for corporate income tax returns; to eliminate the requirement of filing of certain receipts with withholding

Page 1381

tax returns; to revise provisions relating to payment of estimated taxes and filings in connection with such payments; to change provisions relating to deductibility of withholding tax payments; to change provisions relating to certain civil and criminal penalties; to provide for related matters; to provide for an effective date and for administrative implementation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxation, is amended by repealing in its entirety Code Section 48-7-54 which reads as follows: 48-7-54. Every person who is a resident or who has a place of business in this state including, but not limited to, a lessee or mortgagor of real or personal property, a fiduciary, an employer, and an officer or employee of this state or of any political subdivision of this state and who has the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, or income amounting to $5,000.00 or more, paid or payable during any year to any taxpayer, shall make a complete return of the payment under oath to the commissioner. The return shall be made pursuant to the commissioner's regulations and shall be made in the form and manner and to the extent prescribed by the commissioner. Unless income is reported as required in this Code section, the commissioner may disallow the payments as deductions or credits in computing the tax of the payer., and inserting in its place the following: 48-7-54. Reserved. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 48-7-56, relating to filing of returns, and inserting in its place a new subsection to read as follows: (a) Returns of taxpayers other than corporations shall be filed with the commissioner on or before April 15 in each

Page 1382

year except that in the case of taxpayers using a fiscal year the return shall be filed on or before the fifteenth day of the fourth month after the close of the fiscal year. Returns of corporations made on the basis of a calendar year shall be filed on or before the fifteenth day of March following the close of the calendar year, and returns of corporations made on the basis of a fiscal year shall be filed on or before the fifteenth day of the third month following the close of the fiscal year. Returns required for a taxable year relating to returns of DISC's and former DISC's and FSC's shall be filed on or before the fifteenth day of the ninth month following the close of the taxable year. The commissioner may allow further time for filing returns in the case of sickness or other disability or whenever in his judgment good cause exists for the extension. In case a taxpayer is granted an extension of time to file a return, the commissioner may require a tentative return to be filed on or before the due date of the return for which the extension is granted. A tentative return shall be made on the usual form, shall be plainly marked `tentative,' shall state the estimated amount of the tax believed to be due, and shall be properly signed by the taxpayer. Section 3 . Said chapter is further amended by striking subsection (a) of Code Section 48-7-106, relating to withholding tax returns, and inserting in its place a new subsection to read as follows: (a) On or before February 28 of each year for the preceding calendar year or on or before the thirtieth day after the date on which the final payment of wages is made by an employer who has ceased to pay wages, an employer shall file with the commissioner an annual or a final return, as the case may be, on a form prescribed by the commissioner. Section 4 . Said chapter is further amended by striking Code Sections 48-7-114 through 48-7-119, relating to filing and payment of estimated tax, and inserting in their place new Code Sections 48-7-114 through 48-7-119 to read as follows: 48-7-114. (a) `Estimated tax' defined . For purposes of this Code section, the term `estimated tax' means the amount which the individual estimates as the amount

Page 1383

of income tax imposed by Code Section 48-7-20 less the amount which the individual estimates as the sum of credits allowable by law against the tax. (b) Requirement of estimated tax . Except as otherwise provided in subsection (d) of this Code section, every resident individual and every taxable nonresident individual shall file his estimated tax for the current taxable year if he can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his gross income can reasonably be expected to: (1) Include more than $1,000.00 from sources other than wages as defined in paragraph (10) of Code Section 48-7-100; and (2) Exceed: (A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or (B) Three thousand dollars if the individual is married and living with his spouse and expects to claim the full marital exemption. (c) Return as estimated tax . If on or before January 31 of the succeeding taxable year or, in the case of an individual referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing, on or before March 1 of the succeeding taxable year, the taxpayer files a return for the taxable year for which the estimated tax is required and pays in full the amount computed on the return as payable and the estimate is not required to be filed during the taxable year but is required to be filed on or before January 15, then the return shall be considered as the estimate. (d) Exemptions . This Code section shall not apply to an individual in a given tax year if: (1) The sum of the allowable credits shown on the individual's income tax return for the tax year exceeds

Page 1384

the individual's tax liability shown on the return before the tax liability is reduced by the amount of the allowable credits; and (2) The individual reasonably expected at the time estimated tax was otherwise required to be filed with respect to the tax year that the conditions of paragraph (1) of this subsection would be met for the tax year. 48-7-115. (a) In general . Estimated tax required by Code Section 48-7-114 from an individual not regarded as a farmer or fisherman shall be filed with the commissioner on or before April 15 of the taxable year, except that if the requirements of subsection (b) of Code Section 48-7-114 are first met: (1) On or after April 1 and before June 1 of the taxable year, the estimated tax shall be filed on or before June 15 of the taxable year; (2) On or after June 1 and before September 1 of the taxable year, the estimated tax shall be filed on or before September 15 of the taxable year; or (3) On or after September 1 of the taxable year, the estimated tax shall be filed on or before January 15 of the succeeding year. (b) Farmers and fishermen . Estimated tax required by Code Section 48-7-114 from individuals whose estimated gross income from farming or fishing for the taxable year is at least two-thirds of the total estimated gross income from all sources for the taxable year may be filed, in lieu of the time prescribed in subsection (a) of this Code section, at any time on or before January 15 of the succeeding taxable year. (c) Short taxable years . In the application of this Code section to a taxable year beginning on any date other than January 1, there shall be substituted for the months specified in this Code section the months which correspond to the months specified in this Code section.

Page 1385

48-7-116. (a) In general . The amount of estimated tax required to be paid by an individual shall be paid as follows: (1) If the estimate is filed on or before April 15 of the taxable year, the estimated tax shall be paid in four equal installments. The first installment shall be paid on or before April 15. The second and third installments shall be paid on or before June 15 and September 15, respectively, of the taxable year. The fourth installment shall be paid on January 15 of the succeeding year; (2) If the estimate is filed after April 15 and not after June 15 of the taxable year and is not required by subsection (a) of Code Section 48-7-115 to be filed on or before April 15 of the taxable year the estimated tax shall be paid in three equal installments. The first installment shall be paid at the time of the filing of the estimate, the second installment shall be paid on September 15 of the taxable year, and the third installment shall be paid on January 15 of the succeeding year; (3) If the estimate is filed after June 15 and not after September 15 of the taxable year and is not required by subsection (a) of Code Section 48-7-115 to be filed on or before June 15 of the taxable year, the estimated tax shall be paid in two equal installments. The first installment shall be paid at the time of the filing of the estimate and the second installment shall be paid on January 15 of the succeeding year; (4) If the estimate is filed after September 15 of the taxable year and is not required by subsection (a) of Code Section 48-7-115 to be filed on or before September 15 of the taxable year, the estimated tax shall be paid in full at the time of the filing of the estimate; or (5) If the estimate is filed after the time prescribed in subsection (a) of Code Section 48-7-115 including, but not limited to, cases in which an extension of time for filing has been granted, paragraphs (2), (3), and (4) of this subsection shall not apply, and all installments of

Page 1386

estimated tax which would have been payable on or before such time if the estimate had been filed within the time prescribed in subsection (a) of Code Section 48-7-115 shall be paid at the time of the filing. The remaining installments shall be paid at the times at which, and in the amounts in which, they would have been payable if the estimate had been so filed. (b) Farmers and fishermen . If an individual referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing, files estimated tax after September 15 of the taxable year and on or before January 15 of the succeeding year, the estimated tax shall be paid in full at the time of the filing. (c) Fiscal years . In the application of this Code section to a taxable year beginning on any date other than January 1, there shall be substituted for the months specified in this Code section the months which correspond to the months specified in this Code section. (d) Installments paid in advance . At the election of the individual, any installment of the estimated tax may be paid prior to the date prescribed for its payment. 48-7-117. (a) `Estimated tax' defined . For purposes of this Code section, the term `estimated tax' means the amount which the corporation estimates as the amount of income tax imposed by Code Section 48-7-21 less the amount which the corporation estimates as the sum of credits allowable by law against the tax. (b) In general . Every domestic and foreign corporation subject to taxation under Code Section 48-7-21 shall pay estimated tax for the year if its net income for the taxable year as defined in Code Section 48-7-31 can reasonably be expected to exceed $25,000.00 48-7-118. Reserved. 48-7-119. If the requirements of Code Section 48-7-117 are first met as shown in the left-hand column of the following table, then the estimated tax shall be due as shown in the remaining columns:

Page 1387

The following percentages of the estimated tax shall be paid on the fifteenth day of the: fourth month of the taxable year sixth month of the taxable year ninth month of the taxable year twelfth month of the taxable year Before the first day of the fourth month of the taxable year 25 25 25 25 After the last day of the third month and before the last day of the sixth month of the taxable year 33 1/3 33 1/3 33 1/3 After the last day of the fifth month and before the first day of the ninth month of the taxable year 50 50 After the last day of the eighth month and before the first day of the twelfth month of the taxable year 100 Section 5 . Said chapter is further amended by striking Code Section 48-7-122, relating to nondeductibility of estimated tax payments, and inserting in its place a new Code section to read as follows: 48-7-122. The tax deducted and withheld under this article shall not be allowed as a deduction to the employer. Section 6 . Said chapter is further amended by striking subsection (f) of Code Section 48-7-126, relating to assessable

Page 1388

penalties and interest, and inserting in its place a new subsection to read as follows: (f) Failure of corporation to pay estimated tax . If a corporation fails to timely pay estimated tax, a penalty shall be assessed against the corporation in an amount equal to 5 percent of the Georgia income tax imposed on the corporation for the taxable year. Section 7 . Said chapter is further amended by striking subsections (c) and (g) of Code Section 48-7-127, relating to penalties for certain violations of income tax laws, and inserting in their respective places new subsections to read as follows: (c) Willful failure to file return or pay estimated tax . (1) It shall be unlawful for any person who is required under this article or regulations pursuant to this article to file any return of any tax or pay estimated tax or to keep any record, willfully to fail to file the return or pay the tax or to keep the records at the time or times required by law or regulation. (2) In addition to any other penalties provided by law, any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (g) Willful failure to pay corporate estimated tax . (1) It shall be unlawful for any officer, director, or employee of a corporation required under this article or regulations pursuant to this article to file estimated tax willfully to be responsible for the failure of the corporation to pay any installment of estimated tax due. (2) In addition to any other penalties provided by law, any individual who violates any provision of paragraph (1) of this subsection shall be guilty of a misdemeanor for each such failure. Section 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval,

Page 1389

except that the state revenue commissioner, to the extent that he determines administratively necessary, may delay the implementation of any provision of this Act to no later than January 1, 1989. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INCOME TAXESESTIMATED TAX; FIDUCIARIES. Code Section 48-7-114 Amended. No. 1347 (House Bill No. 1418). AN ACT To amend Code Section 48-7-114, relating to the requirement of payment of estimated income tax, so as to require fiduciaries to file and pay estimated tax in the same manner as individuals; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-114, relating to the requirement of payment of estimated income tax, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) With respect to taxable years beginning on or after January 1, 1988, fiduciaries shall be subject to all requirements of this article in the same manner as individuals. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that no civil or criminal liability under this Act shall be

Page 1390

incurred with respect to any act or failure to act occurring on or before July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INCOME TAXESWAGES SUBJECT TO WITHHOLDING. Code Section 48-7-101 Amended. No. 1348 (House Bill No. 1419). AN ACT To amend Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, so as to change the method of calculation of wages subject to withholding; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-7-101 of the Official Code of Georgia Annotated, relating to income tax withholding, is amended by striking subsection (a) which reads as follows: (a) Wages subject to withholding . The amount of wages subject to withholding shall be the amount of wages paid, less: (1) Fifteen percent of the wages, but not in excess of: (A) $40.00 for a weekly payroll period; (B) $80.00 for a biweekly payroll period;

Page 1391

(C) $83.00 for a semimonthly payroll period; (D) $168.00 for a monthly payroll period; (E) $500.00 for a quarterly payroll period; (F) $1,000.00 for a semiannual payroll period; (G) $2,000.00 for an annual payroll period; or (H) $5.50 per day for a daily or miscellaneous payroll period; and (2) The total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Code section., and inserting in its place a new subsection to read as follows: (a) Wages subject to withholding . The amount of wages subject to withholding shall be the amount of each wage payment less the total withholding exemption allowance applicable to the wage payment as computed under subsection (b) of this Code section and less the standard deduction allowance applicable to the wage payment, determined according to the payroll period and marital status of the employee as follows: Payroll Period Married Filing Jointly Single Married Filing Separately Weekly $ 57.50 $ 44.25 $ 28.75 Biweekly 115.00 88.50 57.50 Semimonthly 125.00 95.75 62.50 Monthly 250.00 191.50 125.00 Quarterly 750.00 575.00 375.00 Semiannual 1,500.00 1,150.00 750.00 Annual 3,000.00 2,300.00 1,500.00 Daily or Miscellaneous 8.20 6.30 4.10 Section 2 . Said Code section is further amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows:

Page 1392

(1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee. Payroll Period Col. 1 Single Exemption Col. 2 Marital Exemption Col. 3 Each Dependent Exemption Weekly $ 28.75 $ 57.50 $ 28.75 Biweekly 57.50 115.00 57.50 Semimonthly 62.50 125.00 62.50 Monthly 125.00 250.00 125.00 Quarterly 375.00 750.00 375.00 Semiannual 750.00 1,500.00 750.00 Annual 1,500.00 3,000.00 1,500.00 Daily or Miscellaneous 4.10 8.20 4.10 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 11, 1988.

Page 1393

LOCAL GOVERNMENTANNUAL REPORT OF LOCAL GOVERNMENT FINANCES TO BE FILED WITH DEPARTMENT OF COMMUNITY AFFAIRS. Code Section 36-81-8 Amended. No. 1349 (House Bill No. 1420). AN ACT To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to require certain local governments to file an annual report of local government finances with the Department of Community Affairs; to provide that the submission of such reports shall be a condition of receipt of state funds; to authorize the department to release grant funds to local governments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-8 in its entirety and inserting in lieu thereof a new Code Section 36-81-8 to read as follows: 36-81-8. (a) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the department. The report shall be filed on a form promulgated by the department and shall be submitted within the requested time periods established by the department. (b) The department shall have the authority to require local governments to submit the report as provided for in subsection (a) of this Code section as a condition of such

Page 1394

local government receiving state appropriated funds from the department. Upon the receipt of the report of local government finance from a local government, the department is authorized to release any state appropriated grant funds that may be due at such time to the local government. (c) The department's implementation of subsections (a) and (b) of this Code section shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; and the department is specifically directed to promulgate the form provided for in subsection (a) of this Code section in the manner provided for promulgation of rules under Chapter 13 of Title 50. (d) Utilizing information contained in audit reports of local governments filed with the state auditor, the report of county or municipal finances filed with the Department of Community Affairs, and other available state or federal information of public record, the Department of Community Affairs shall prepare annually a report on local government finances. The report shall be filed on January 15 of each year, beginning January 15, 1985, with the Governor, the Speaker of the House of Representatives, the President of the Senate, the chairman of the House Ways and Means Committee, the chairman of the House State Planning and Community Affairs Committee, the chairman of the Senate Banking and Finance Committee, and the chairman of the Senate Urban and County Affairs Committee, as well as with the chief elected official or chief appointed official of each local unit of government upon request. (e) The report shall be organized, within the limits of available resources, in such a manner as to allow for reasonable comparative analysis of local government revenues and expenditures. (f) The department, in addition to its other duties, shall assist local units of government in fulfilling the requirements of this article. The department shall coordinate its technical assistance efforts with the state auditor, the University System of Georgia, the Association County Commissioners of Georgia, the Georgia Municipal Association, and the Georgia Society of Certified Public Accountants and should coordinate

Page 1395

with any other organizations interested and currently active in local government financial management so as to ensure that coordination of training and assistance is maintained. The department may contract or subcontract with other public or private agencies to provide assistance to local units of government. 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 11, 1988. PROFESSIONS AND BUSINESSESREAL ESTATE BROKERS AND SALESPERSONS; REAL ESTATE EDUCATION, RESEARCH, AND RECOVERY FUND; TERMINATION DATE OF COMMISSION. Code Sections 43-40-22, 43-40-27, 43-40-30, and 43-40-32 Amended. No. 1350 (House Bill No. 1451). AN ACT To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to provide the amount to be maintained as a minimum balance in the real estate education, research, and recovery fund; to provide the maximum amount of any claim against such fund; to provide for editorial revision; to provide the rate of interest to be charged on amount to be repaid to such fund by licensees; to provide for uses of such fund; to authorize the commission to exclude persons from certain proceedings; to provide for the review of records of investigations; to provide for cease and desist orders; to change the termination date of

Page 1396

the Georgia Real Estate Commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in lieu thereof a new Code Section 43-40-22 to read as follows: 43-40-22. (a) The commission is authorized and directed to establish and maintain a real estate education, research, and recovery fund. All funds in the real estate recovery fund established by Ga. L. 1973, p. 100, shall be transferred to and utilized through the real estate education, research, and recovery fund. (b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $15,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition: (1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $45,000.00 on behalf of such licensee;

Page 1397

(2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $15,000.00 from the fund. (c) When any person makes application for an original license to practice as a licensee, that person shall pay, in addition to the original license fee, a fee in an amount established by the commission for deposit in the education, research, and recovery fund. (d) (1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof,

Page 1398

the aggrieved person shall be required to show that such person: (A) Is not a spouse or debtor or the personal representative of such spouse; (B) Has complied with all the requirements of this Code section; (C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) Has caused the judgment debtor to make discovery under oath concerning the judgment debtor's property, in accordance with Chapter 11 of Title 9, the `Georgia Civil Practice Act'; (F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) Has discovered by such search no personal or real property or other assets liable to be sold or

Page 1399

applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court: (i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to

Page 1400

him for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation or partnership, the license of the qualifying broker of the corporation or partnership shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until he has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year. (e) The sums received by the commission pursuant to any provisions of this Code section shall be deposited into the state treasury and held in a special fund to be known as the `Real Estate Education, Research, and Recovery Fund' and shall be held by the commission in trust for carrying out the purposes of this Code section. These funds may be invested in any investments which are legal for domestic life insurance companies under the laws of this state, and the interest from these investments shall be deposited to the credit of the real estate education, research, and recovery

Page 1401

fund and shall be available for the same purposes as all other money deposited in the real estate education, research, and recovery fund. (f) It shall be unlawful for any person or his agent to file with the commission any notice, statement, or other document required under this Code section which is false, untrue, or contains any material misstatement of fact and shall constitute a misdemeanor. (g) When the commission receives notice, as provided in subsection (d) of this Code section, the commission may enter an appearance, file an answer, appear at the court hearing, defend the action, or take whatever other action it may deem appropriate on behalf and in the name of the defendant and take recourse through any appropriate method of review on behalf of and in the name of the defendant. (h) When, upon the order of the court, the commission has paid from the real estate education, research, and recovery fund any sum to the judgment creditor, the commission shall be subrogated to all of the rights of the judgment creditor. The judgment creditor shall assign all his right, title, and interest in the judgment to the commission before any payment is made from the fund, and any amount and interest so recovered by the commission on the judgment shall be deposited to the fund. If the total amount collected on the judgment by the commission exceeds the amount paid from the fund to the original judgment creditor plus interest and the cost of collection, the commission may elect to pay any overage collected to the original judgment creditor or reassign the remaining interest in the judgment to the original judgment creditor. The payment or reassignment to the original judgment creditor shall not subject the fund to further liability for payment to the original judgment creditor based on that transaction or judgment. Any costs incurred by the commission attempting to collect assigned judgments shall be paid from the fund. (i) The failure of an aggrieved person to comply with all of the provisions of this Code section shall constitute a waiver of any rights under this Code section.

Page 1402

(j) The commission, in its discretion, may use any and all funds from new licensee payments to the real estate education, research, and recovery fund or from accrued interest earned on the fund for the purpose of helping to underwrite the cost of developing courses, conducting seminars, conducting research projects on matters affecting real estate brokerage, publishing and distributing educational materials, or other education and research programs for the benefit of licensees and the public as the commission may approve in accordance with the provisions of this chapter and its rules and regulations; provided, however, that the commission shall not expend or commit sums for educational or research purposes in such amounts as would cause the real estate education, research, and recovery fund to be reduced to an amount less than $1 million. (k) In addition to the license fees provided for in this chapter, the commission, in its discretion and based upon the need to ensure that a minimum balance of $1 million is maintained in the real estate education, research, and recovery fund, may assess each licensee, only upon renewal of the license, an amount not to exceed $30.00 per year. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 43-40-27, relating to the investigation of complaints, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The results of all investigations shall be reported only to the commission or to the commissioner, and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the commission and no part of any investigative record shall be released for any purpose other than a hearing before the commission or its designated hearing officer, review by another law enforcement agency or lawful licensing authority upon issuance of a subpoena from such agency or authority or at the discretion of the commission upon an affirmative vote of all members of the commission, review by the respondent after the service of a notice of hearing, review by the commission's legal counsel, or an appeal of a decision by the commission to a court of competent jurisdiction. After service of a notice of hearing, a respondent shall have a

Page 1403

right to obtain a copy of the investigative record pertaining to the respondent. Section 3 . Said chapter is further amended by adding at the end of Code Section 43-40-27, relating to the investigation of complaints, a new subsection (f) to read as follows: (f) The commission shall have the authority to exclude all persons during the commission's or the staff of the commission's: (1) Deliberations on disciplinary proceedings; (2) Meetings with a licensee or an applicant or the legal counsel of that licensee or applicant in which the licensee or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; and (3) Review of the results of investigations initiated under this Code section. Section 4 . Said chapter is further amended by adding at the end of Code Section 43-40-30, relating to acting as a broker or associate broker without a license, new subsections (c), (d), (e), and (f) to read as follows: (c) Notwithstanding any other provisions of law to the contrary, after notice and hearing, the commission may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of a real estate broker without a license. (d) The violation of any cease and desist order of the commission under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the commission, and the commission shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation. (e) Initial judicial review of the decision of the commission entered pursuant to this Code section or an action for

Page 1404

enforcement of such decision shall be available solely in the superior court of the county of domicile of the commission. (f) Nothing in this Code section shall be construed to prohibit the commission 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 5 . Said chapter is further amended by striking Code Section 43-40-32, relating to the termination of the Georgia Real Estate Commission, and inserting in lieu thereof a new Code Section 43-40-32 to read as follows: 43-40-32. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Commission shall be terminated on July 1, 1994, and this chapter and any other laws relating to such commission shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INTANGIBLE TAXESEXEMPTION OF STOCK IN FINANCIAL INSTITUTIONS REORGANIZED UNDER SOUTHERN REGION INTERSTATE BANKING LAW. Code Section 48-6-22 Amended. No. 1351 (House Bill No. 1455). AN ACT To amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so

Page 1405

as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law; to provide for other matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, is amended by striking paragraph (16) and inserting in its place a new paragraph (16) to read as follows: (16) Stock held in a foreign corporation which was a party to a reorganization with a Georgia corporation prior to January 1, 1987, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of the Georgia corporation was exempt from such tax prior to such reorganization. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. BILLIARD ROOMSLICENSES; ISSUANCE BY COUNTY GOVERNING AUTHORITY. Code Title 43, Chapter 8 Amended. No. 1352 (House Bill No. 1496). AN ACT To amend Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, so as to provide that the county governing authority, rather than the tax collector or tax commissioner, shall have the power to license the operation of billiard rooms in counties; to change certain references to

Page 1406

the tax collector or tax commissioner to the governing authority of the county accordingly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 43 of the Official Code of Georgia Annotated, relating to operators of billiard rooms, is amended by striking Code Section 43-8-2, relating to licensing and regulation of billiard rooms, and inserting in its place a new Code Section 43-8-2 to read as follows: 43-8-2. The governing authority of each county in this state shall have the power to license the operation of billiard rooms in such county. The governing bodies of municipal corporations shall have the power to license and regulate by ordinance the operation of billiard rooms within their corporate limits. Section 2 . Said chapter is further amended by striking Code Section 43-8-3, relating to qualifications of license applicants, and inserting in its place a new Code Section 43-8-3 to read as follows: 43-8-3. No license to operate a billiard room shall be issued to any person who is not 21 years of age and a citizen of the United States or who has been convicted of a felony. Application for a license to operate a billiard room shall be first made to the governing authority of the county in which the applicant proposes to conduct such business in the form provided in this chapter; and no license shall be issued by any municipal corporation to any person to engage in such business until after such person has made application to and has been granted a license by the governing authority of the county in which such municipal corporation is located. Section 3 . Said chapter is further amended by striking Code Section 43-8-4, relating to applications for municipal licenses, and inserting in its place a new Code Section 43-8-4 to read as follows: 43-8-4. Before any person shall be authorized to conduct a billiard room in any municipal corporation, that person

Page 1407

must, in addition to complying with this chapter, make application to the clerk of such municipal corporation for a license; and the application shall certify that application has been made and a license granted to such applicant by the governing authority of the county. Section 4 . Said chapter is further amended by striking Code Section 43-8-5, relating to filing affidavits with applications, and inserting in its place a new Code Section 43-8-5 to read as follows: 43-8-5. (a) Every application for a license shall be accompanied by the affidavit of the applicant, sworn to before an officer authorized by law to administer oaths, stating that the applicant is a citizen of the United States; that he has not been convicted of a felony; that he will not permit vagrants or persons under the influence of intoxicating liquors to enter or play in his place; that the applicant will have personal charge and management of the business; that he will not permit gambling nor permit the billiard tables to be used in any manner other than as provided by law. (b) There shall also be filed with the application a bond in the penal sum of $500.00 payable to the state and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal and either a surety company or two individuals as securities, which bond shall be approved by the governing authority of the county and filed in his office. (c) When the application and bond have been filed and approved, the governing authority of the county shall issue a license for the current year or unexpired portion thereof upon the payment of the license fees provided by law. (d) If any licensee shall voluntarily relinquish personal supervision, management, and control of such billiard room, he shall surrender his license to the governing authority of the county, who may issue a new license to some other person to continue the business under this chapter, in which event credit shall be given for the unused portion of the surrendered license; but, if any licensee transfers or subleases the place of business to anyone or relinquishes management and control

Page 1408

of the business without surrendering his license to the governing authority of the county for reissuance, the license shall be deemed to be forfeited, and the governing authority of the county must notify the sheriff of the county, who shall close the place of business. Section 5 . Said chapter is further amended by striking Code Section 43-8-15, relating to the effect of certain laws on local ordinances, and inserting in its place a new Code Section 43-8-15 to read as follows: 43-8-15. This chapter shall not be construed as authorizing the issuance of billiard room licenses by city officials or county governing authorities for the operation of public billiard rooms in any municipal corporation where the operation of a public billiard room is prohibited by local ordinance. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. DOMESTIC RELATIONSUNIFORM CHILD CUSTODY JURISDICTION ACT; DEFINITIONS. Code Section 19-9-42 Amended. No. 1353 (House Bill No. 1509). AN ACT To amend Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, so as to change the definition of custody proceeding to include adoption proceedings and to change the definition of state to include foreign countries; to repeal conflicting laws; and for other purposes.

Page 1409

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 19-9-42 of the Official Code of Georgia Annotated, relating to definitions relating to child custody, is amended by striking paragraphs (3) and (10) thereof and inserting, respectively, in lieu thereof new paragraphs (3) and (10) to read as follows: (3) `Custody proceeding' includes proceedings in which a custody determination is one of several issues, such as an action for divorce or separation and includes child neglect and dependency proceedings and adoption proceedings. (10) `State' means any state, territory, or possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia and any foreign country. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. AGRICULTURELIABILITY IN PESTICIDE, PLANT GROWTH REGULATOR, OR FERTILIZER CONTAMINATION CASES; PROOF. Code Section 2-7-170 Enacted. No. 1355 (House Bill No. 1518). AN ACT To amend Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, so as to limit the liability of farmers in pesticide contamination cases; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1410

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to plant disease, pest control, and pesticides, is amended by adding a new Article 6 at the end thereof to read as follows: ARTICLE 6 2-7-170. (a) No person, firm, or corporation engaged in an agricultural, silvicultural, farming, horticultural, or similar operation, place, establishment, or facility, or any of its appurtenances, who has applied or used or arranged for the application or use of any fertilizer, plant growth regulator, or pesticide as defined in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal Environmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq., and Article 2 of this chapter, known as the `Georgia Pesticide Control Act of 1976,' and Article 3 of this chapter, known as the `Georgia Pesticide Use and Application Act of 1976,' shall be responsible or liable under this title and Title 12, without proof of negligence or lack of due care, for any damages, response costs, or injunctive relief relating to any direct or indirect discharge or release into, or actual or threatened pollution of, the land, waters, air, or other resources of the state that is or may be associated with or resulting from such application or use, provided that: (1) Such application or use was in a manner consistent with the labeling of such fertilizer, plant growth regulator, or pesticide and in accordance with acceptable agricultural management practices and all applicable state and federal laws and regulations at the time of such application or use; (2) The state or federal government, or any of its agencies, had approved, recommended, or permitted the application or use and there is no finding that any conditions of such approval, recommendation, or permit were violated, or that warnings or limitations regarding the application or use were ignored; and

Page 1411

(3) Such fertilizer, plant growth regulator, or pesticide was licensed by or registered with the state or federal government at the time of such application or use and such person, firm, or corporation knew of no special geological, hydrological, or soil type condition existing on the land which rendered such application or use likely to cause pollution. No person, firm, or corporation shall be liable based solely on ownership of the land where such application or use took place. (b) Nothing in this article shall affect or limit any right of action of an individual against any person, firm, or corporation engaged in an agricultural or farming operation for injury to person or property resulting from such chemical application or use. (c) All orders issued by the Department of Agriculture and the Department of Natural Resources prior to July 1, 1988, pursuant to this title and Title 12, and the liability upon which such orders are premised, if any, shall remain in effect unless the orders are otherwise revoked, amended, or modified by the Commissioner of Agriculture or the commissioner of Natural Resources. (d) Nothing in this article shall be construed to prohibit any cause of action based on strict tort liability against any manufacturer of such fertilizer, plant growth regulator, or pesticide. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1412

EDUCATIONSTIPENDS FOR PARTICIPATION IN PROFESSIONAL DEVELOPMENT PROGRAMS; STAFF DEVELOPMENT PLANS. Code Sections 20-2-167, 20-2-182, and 20-2-232 Amended. No. 1356 (House Bill No. 1539). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, so as to provide limitations and procedures relating to the payment of stipends for participation in professional development programs; to change provisions relative to staff development plans; 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 2 of Title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, is amended by striking paragraph (3) of subsection (a) of Code Section 20-2-167 in its entirety and inserting in lieu thereof the following: (3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 90 percent of the total funds designated for staff development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. If a local school system expends any portion of its professional development stipends for staff development programs pursuant to subsection (g) of Code Section 20-2-182, the 90 percent amount calculated

Page 1413

under this subsection shall be increased by 90 percent of that amount of professional development stipends funds expended for this purpose. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development costs to the state, the 90 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (g) of Code Section 20-2-182. Section 2 . Said article is further amended by striking subsection (g) of Code Section 20-2-182, relating to program weights reflecting funds for salaries, and inserting in lieu thereof a new subsection (g) to read as follows: (g) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (e) of Code Section 20-2-161, an amount of funds for the purpose of providing staff development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by

Page 1414

the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for staff development purposes may be used throughtout the fiscal year to meet staff development needs in the order of priority determined by the local board of education within the comprehensive staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Funds for professional development stipends may not be used for activities occurring during the period of the fiscal year that an employee is under contract. A local school system shall be authorized to expend up to 15 percent of its initial allotment of funds for providing professional development stipends for staff development programs as specified under this subsection. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232. Section 3 . Said article is further amended by striking Code Section 20-2-232, relating to staff development plans, and inserting in lieu thereof a new Code Section 20-2-232 to read as follows: 20-2-232. Each local school system shall develop a three-year projected comprehensive staff development plan and shall submit such plan to the State Board of Education for review and approval in the manner and at the time prescribed by the state board. This plan shall be reviewed and updated annually. The annual projected comprehensive staff development plan shall provide for programs designed to address needs of school and system personnel as identified through the annual personnel evaluation process, staff development needs as identified through the evaluation of the effectiveness of instructional programs, and such other needs as deemed necessary by the local school system or prescribed

Page 1415

by the state board. Each system is encouraged to collaborate with institutions of higher education, the Georgia Education Leadership Academy, regional educational service agencies, the State Department of Education, and other school systems to develop more effective and efficient programs to meet the needs of the system and individuals within the system. 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, 1988. STATE GOVERNMENTNONPROFIT CONTRACTORS; COOPERATIVE EDUCATION SERVICE AGENCIES. Code Section 50-20-2 Amended. No. 1357 (House Bill No. 1618). AN ACT To amend Code Section 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, so as to exempt cooperative education service agencies from the definition of a nonprofit contractor; 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 50-20-2 of the Official Code of Georgia Annotated, relating to definition applicable to relations with nonprofit contractors, is amended by striking paragraph (1) in

Page 1416

its entirety and substituting in lieu thereof a new paragraph (1) to read as follows: (1) `Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term `nonprofit contractor' includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term `nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state-wide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government, state or local governments, or school systems or their agencies, but shall include area planning and development commissions (APDC's) and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter. 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 11, 1988.

Page 1417

PUBLIC OFFICERS AND EMPLOYEESDEFERRED COMPENSATION PLANS; STATE AUTHORITIES. Code Section 45-18-30 Amended. No. 1358 (House Bill No. 1638). AN ACT To amend Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, so as to change the definition of employee; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-18-30 of the Official Code of Georgia Annotated, relating to the definition of employee when used in connection with deferred compensation plans, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 45-18-30 to read as follows: 45-18-30. As used in this article, the term `employee' means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees' Retirement System of Georgia under Chapter 2 of Title 47, or for a county, municipality, or other political subdivision and who is paid for providing such services. 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 11, 1988.

Page 1418

PROBATE COURTSJURISDICTION; MISDEMEANOR GAME AND FISH CASES; WAIVER OF JURY TRIAL. Code Section 15-9-30.3 Enacted. No. 1359 (House Bill No. 1647). AN ACT To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, so as to provide that said courts shall have jurisdiction to try misdemeanor violations under the Game and Fish Code when the defendant waives a jury trial; to place certain limitations upon said jurisdiction; to provide for other matters relative thereto; to provide for application and for an effective date in connection therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of probate courts, is amended by adding immediately following Code Section 15-9-30.2 a new Code Section 15-9-30.3 to read as follows: 15-9-30.3. (a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the probate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any law specified in Title 27 which is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. Provided, however, that such courts shall not have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants who are charged with: (1) Violations of any such laws which are specified as being of a high and aggravated nature; or

Page 1419

(2) A first violation of hunting deer at night with the aid of a light under Code Section 27-3-2. (b) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled. Section 2 . This Act shall apply to violations of misdemeanors under the Game and Fish Code which take place on or after July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. NUISANCESABATEMENT IN UNINCORPORATED AREAS OF COUNTIES; MAGISTRATE COURTS; JURISDICTION; BUILDINGS AND STRUCTURES UNFIT FOR HUMAN HABITATION OR HEALTH HAZARDS. Code Title 41, Chapter 2 Amended. No. 1360 (House Bill No. 1650). AN ACT To amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to provide for the abatement of nuisances in the unincorporated areas of counties; to provide for the jurisdiction of courts in connection therewith; to change the definition of a term; to provide for exceptions; to change the provisions relating to buildings

Page 1420

and structures which are unfit for human habitation or which are health hazards so as to provide that said provisions shall apply to counties and that the powers granted by said provisions may be exercised by county governing authorities in the unincorporated areas of counties in the same manner that such powers are exercised in municipalities by municipal governing authorities; to provide for definitions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, is amended by striking Code Section 41-2-5, relating to the authorization and procedures for the abatement of nuisances in cities, in its entirety and substituting in lieu thereof a new Code Section 41-2-5 to read as follows: 41-2-5. If the existence of a nuisance is complained of in a county or city of this state, the municipal court of the city, if the nuisance complained of is in the city, shall have jurisdiction to hear and determine the question of the existence of such nuisance and, if found to exist, to order its abatement. If the nuisance complained of is located in the unincorporated area of a county, the magistrate court of the county, unless otherwise provided by local law, shall have such jurisdiction and power to order its abatement. Section 2 . Said chapter is further amended by striking Code Sections 41-2-7 through 41-2-12 and Code Sections 41-2-15 and 41-2-16, which Code sections relate to the authority of municipalities to repair, close, or demolish buildings or structures which are unfit for human habitation or which are health hazards and which grant powers in connection therewith, in their entirety and substituting in lieu thereof, respectively, new Code Sections 41-2-7 through 41-2-12 and Code Sections 41-2-15 and 41-2-16 to read as follows: 41-2-7. (a) It is found and declared that in the counties and municipalities of this state there is the existence or occupancy of dwellings or other buildings or structures

Page 1421

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. It is found and declared that in the counties and municipalities of this state where there is in existence a condition or use of real estate which renders adjacent real estate unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this state and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent real estate unsafe or inimical to safe human habitation. Whenever the governing authority of any county or municipality of this state finds that there exist in such county or municipality dwellings, buildings, or structures which 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 county or municipality, power is conferred upon such county or 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. (c) The exercise of the powers conferred upon counties in this Code section and in Code Sections 41-2-8 through

Page 1422

41-2-17 shall be limited to properties located in the unincorporated areas of such counties. 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. As used in Code Sections 41-2-7 through 41-2-17, the term `dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. (3) `Governing body' means the board of commissioners or sole commissioner of a county, or 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

Page 1423

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 county or 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. 41-2-9. (a) As used in this Code section, the term `resident' means any person residing in the affected jurisdiction on or before the date on which the alleged nuisance arose. (b) Upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation, commercial, industrial, or business uses. Such ordinances shall include the following provisions: (1) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (2) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, or structure is unfit for human habitation or for commercial, industrial, or business use or whenever it appears to the public officer (on his own motion) that any dwelling, building, or structure is

Page 1424

unfit for human habitation or is unfit for its current commercial, industrial, or business use, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and any parties in interest in such dwelling, building, or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent) at a place within the county in which the property is located therein, fixed not less than ten days nor more than 30 days after the serving of said complaint; that the owner and any parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer; (3) That if, after such notice and hearing, the public officer determines that the dwelling, building, or structure under consideration is unfit for human habitation or is unfit for its current commercial, industrial, or business use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order: (A) If the repair, alternation, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to render it fit for human habitation or for current commercial, industrial, or business use or to vacate and close the dwelling, building, or structure as a human habitation; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the value of the dwelling, building, or structure, requiring the owner or parties in interest, within the time specified in the order, to remove or demolish such dwelling, building, or structure.

Page 1425

In no event shall the governing authority of any such county or municipality require removal or demolition of any dwelling, building, or structure except upon a finding that the cost of repair, alteration, or improvement thereof exceeds one-half the value such dwelling, building, or structure will have when repaired to satisfy the minimum requirements of this law; (4) That, if the owner or parties in interest fail to comply with an order to vacate and close or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished; and that the public officer may cause to be posted on the main entrance of any building, dwelling, or structure so closed a placard with the following words: `This building is unfit for human habitation or commercial, industrial, or business use; the use or occupation of this building for human habitation or for commercial, industrial, or business use is prohibited and unlawful.'; (5) That, if the owner fails to comply with any order to remove or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be removed or demolished; provided, however, that the duties of the public officer, set forth in paragraph (4) of this Code section and this paragraph, shall not be exercised until the governing body shall have by ordinance ordered the public officer to proceed to effectuate the purpose of Code Section 41-2-7 through 41-2-17 with respect to the particular property or properties which the public officer shall have found to be unfit for human habitation or unfit for its current commercial, industrial, or business use, which property or properties shall be described in the ordinance; (6) That the amount of the cost of such vacating and closing or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the payment of all costs of demolition by the county or municipality and the filing of an itemized statement

Page 1426

of the total sum of said costs by the public officer in the office of the clerk of the governing body of the county or municipality on a lien docket maintained by said clerk for such purposes. If the dwelling, building, or structure is removed or demolished by the public officer he shall sell the materials of such dwellings, buildings, or structures and shall credit the proceeds of such sale against the cost of the removal or demolition and any balance remaining shall be deposited in the superior court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed by such court to the persons found to be entitled thereto by final order or decree of such court. Nothing in this Code section shall be construed to impair or limit in any way the power of the county or municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise; (7) Counties and municipal corporations may enforce the collection of any amount due on such lien for removal or demolition of dwellings, buildings, or structures only in the following manner: (A) The owner or parties at interest shall be allowed to satisfy the amount due on such lien or by paying to the county municipal corporation, within 30 days after the perfection of said lien, a sum of money equal to 25 percent of the total amount due and by further paying to said county or municipal corporation the remaining balance due on such lien, together with interest at the rate of 7 percent per annum, in three equal annual payments, each of which shall become due and payable on the anniversary date of the initial payment made as hereinabove prescribed; (B) Should the property upon which such lien is perfected be sold, transferred, or conveyed by the owner or parties at interest at any time prior to the termination of the said three-year period, then the entire balance due on such lien shall be due and payable to the county or municipal corporation; and (C) Should the amount due on such lien, or any portion thereof, be unpaid after the passage of said

Page 1427

three-year period, or upon the occurrence of the contingency provided for in subparagraph (B) of this paragraph, the county or municipal corporation may enforce the collection of any amount due on such lien for alteration, repair, removal, or demolition of dwellings, buildings, or structures in the same manner as provided in Code Section 48-5-358 and other applicable state statutes. This procedure shall be subject to the right of redemption by any person having any right, title, or interest in or lien upon said property, all as provided by Article 3 of Chapter 4 of Title 48. 41-2-10. An ordinance adopted by a county or municipality under Code Sections 41-2-7 through 41-2-17 shall provide that the public officer may determine, under existing ordinances, that a dwelling, building, or structure is unfit for human habitation or is unfit for its current commercial, industrial, or business use if he finds that conditions exist in such building, dwelling, or structure which are dangerous or injurious to the health, safety, or morals of the occupants of such dwelling, building, or structure; of the occupants of neighborhood dwellings, buildings, or structures; or of other residents of such county or municipality; such conditions may include the following (without limiting the generality of the foregoing): (1) Defects therein increasing the hazards of fire, accidents, or other calamities; (2) Lack of adequate ventilation, light, or sanitary facilities; (3) Dilapidation; (4) Disrepair; (5) Structural defects; and (6) Uncleanliness. Such ordinance may provide additional standards to guide the public officer, or his agents, in determining the fitness of a dwelling, building, or structure for human habitation

Page 1428

or for its current commercial, industrial, or business use. 41-2-11. An ordinance adopted by the governing body of the county or municipality may authorize the public officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of Code Sections 41-2-7 through 41-2-17, including the following powers in addition to others herein granted: (1) To investigate the dwelling conditions in the unincorporated area of the county or in the municipality in order to determine which dwellings, buildings, or structures therein are unfit for human habitation or are unfit for current commercial, industrial, or business use; (2) To administer oaths and affirmations, to examine witnesses, and to receive evidence; (3) To enter upon premises for the purpose of making examinations; provided, however, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; (4) To appoint and fix the duties of such officers, agents, and employees as he deems necessary to carry out the purposes of the ordinances; and (5) To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate. 41-2-12. (a) Complaints or orders issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-17 shall, in all cases, be served upon 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.

Page 1429

(b) If any of the owners and parties in interest shall reside out of the county or 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 county or municipality or, in the absence of such newspaper in the county or municipality, in one printed and published outside the county or municipality and circulated in the county or 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 county or municipality or is a nonresident, he shall be served as provided for in subsection (c) of this Code section or this subsection in such cases. If such minor or insane person or person laboring under disabilities has no guardian or personal representative or in the event such minor or insane person lives outside the county or 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 county or 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.

Page 1430

(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 county or municipality. 41-2-15. Any county or municipality is authorized to make such appropriations from its revenues as it may deem necessary and may accept and apply grants or donations to assist it in carrying out the provisions of ordinances adopted in connection with the exercise of the powers granted hereunder. 41-2-16. Nothing in Code Sections 41-2-7 through 41-2-17 shall be construed to abrogate or impair the powers of the courts or of any department of any county or municipality to enforce any provisions of its local enabling Act, its charter, or its ordinances or regulations nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by any other law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1431

HIGHWAYS, BRIDGES, AND FERRIESLEASE OF PROPERTY BY THE DEPARTMENT OF TRANSPORTATION, COUNTIES, OR MUNICIPALITIES. Code Sections 32-6-1 and 32-7-5 Amended. No. 1361 (House Bill No. 1678). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to authorize the Department of Transportation, any county, and any municipality to lease property to any state or federal agency, county, or municipality without meeting certain requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-6-1, relating to obstructing, encroaching upon, or injuring public roads, and inserting in lieu thereof a new Code Section 32-6-1 to read as follows: 32-6-1. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road. However, nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5. Section 2 . Said title is further amended by adding at the end of Code Section 32-7-5, relating to leasing of property not needed for public road purposes, a new subsection (e) to read as follows:

Page 1432

(e) The department or any county or municipality may negotiate a lease with any state or federal agency, county, or municipality for the use of the property for any purpose for which the agency, county, or municipality may put property it owns in fee and without complying with the requirement for sealed bids or leasing to the former owner contained in this Code section. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. COURTSSUPREME COURT AND COURT OF APPEALS; REPORTS, ADVANCE REPORTS, AND RULES VOLUMES. Code Sections 50-18-20, 50-18-26, and 50-18-27 Amended. No. 1362 (House Bill No. 1731). AN ACT To amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to change the definition of the term reports as it applies to official reports of the decisions of the Supreme Court or the Court of Appeals; to provide for the inclusion of rules and forms in reports; to provide for the indexing of all rules reported; to provide that the reporter shall have the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance; to provide that the reporter shall furnish the publisher with the manuscript of the decisions, rules, and forms, read the proof and correct same, and furnish for each volume an index of the cases reported; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1433

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, is amended by striking paragraph (3) of Code Section 50-18-20, relating to definitions, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) `Reports' means the official reports of the decisions of the Supreme Court or of the Court of Appeals, together with the usual title pages, indexes, etc., as well as the advance reports of the decisions of each court and a volume of rules applicable in the courts of this state. The rules volume shall include the Rules of the Supreme Court, the Rules of the Court of Appeals, the Unified Appeal, the Uniform Transfer Rules, the Uniform Rules for the various classes of courts, the Rules of the Judicial Qualifications Commission, the Code of Judicial Conduct, the Bar Admissions Rules, the Rules for Sentence Review Panel, the Rules and Regulations for the Organization and Government of the State Bar of Georgia, and any other rules or amendments as promulgated by the Supreme Court or the Court of Appeals, together with all applicable forms, title pages, indexes, etc. The rules volume shall consist of a post binder which will be updated periodically. Section 2 . Said article is further amended by striking Code Section 50-18-26, relating to the content and appearance of reports and the number of volumes per year, in its entirety and substituting in lieu thereof a new Code Section 50-18-26 to read as follows: 50-18-26. (a) The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and to the Court of Appeals of Georgia, an index of all cases reported, the rules and forms described in paragraph (3) of Code Section 50-18-20, and an index of all cases reported and all rules reported. No report shall contain any argument or brief of counsel beyond a statement of the major points and authorities.

Page 1434

(b) The reporter has the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from either court in any one year or may consolidate decisions of either court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals. Section 3 . Said article is further amended by striking subsection (a) of Code Section 50-18-27, relating to the duty of the reporter to furnish decisions, correct proof, and furnish index, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The reporter shall furnish to the publisher the manuscript of the decisions, rules, and forms, read the proof and correct the same, and furnish for each volume an index of the cases reported. 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, 1988.

Page 1435

GAME AND FISHOYSTERS AND CLAMS; CLOSED SEASONS. Code Section 27-4-195 Amended. No. 1363 (House Bill No. 1794). AN ACT To amend Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, so as to repeal mandatory closed seasons on oysters and clams; to provide for closed seasons; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to oysters and clams, is amended by striking Code Section 27-4-195, relating to times and places for taking oysters and clams generally, in its entirety and substituting in lieu thereof a new Code Section 27-4-195 to read as follows: 27-4-195. (a) It shall be unlawful to take oysters from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open or to close for the purpose of taking oysters all or any portion of the salt waters of this state at any time from January 1 to December 31, provided that the commissioner has determined that the opening or closing is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (b) It shall be unlawful to take clams from any of the salt waters of this state except at such times and places as the commissioner may establish. The commissioner is authorized to open and close, for the purpose of taking clams, any or a portion of the salt waters of this state at any time

Page 1436

from January 1 through December 31, provided that the commissioner has determined that the taking of clams is in accordance with current, sound wildlife management principles as provided in Code Section 27-4-130. (c) It shall be unlawful to give permission to take oysters, clams, or both from any area not opened pursuant to this Code section. (d) It shall be lawful for any person to take not in excess of two bushels of oysters or one bushel of clams per person per day for noncommercial purposes with a maximum of six bushels of oysters or two bushels of clams per boat per day, provided the person has on his person, while so taking, written permission from the landowner authorizing the taking. Section 2 . This Act shall become effective on May 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1437

CRIMINAL PROCEDUREDEATH PENALTY CASES; PRETRIAL PROCEEDINGS; APPEALS; DEMAND FOR TRIAL; DISCRETIONARY PRETRIAL REVIEW BY THE SUPREME COURT. Code Title 5, Chapter 6 Amended. Code Title 17, Chapters 7 and 10 Amended. No. 1364 (Senate Bill No. 100). AN ACT To provide for pretrial review proceedings in cases in which the death penalty is sought; to amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, so as to differentiate from other appeals the procedures for review and appeal of the judgments, rulings, and orders in pretrial proceedings in cases in which the death penalty is sought; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for computation of elapsed terms following a demand for trial in a case in which the death penalty is sought; to provide for a discretionary pretrial review by the Supreme Court of death penalty cases; to provide exceptions; to provide for reports by the trial judge and the parties; to provide for applications for appeals; to provide for duties of the clerk of superior court; to provide for practice and procedure; to provide for promulgation of rules by the Supreme Court; 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 6 of Title 5 of the Official Code of Georgia Annotated, relating to appellate practice, is amended in Code Section 5-6-34, relating to appealable judgments and rulings, by striking subsection (c) of said Code section and inserting in its place new subsections (c) and (d) to read as follows: (c) In criminal cases involving a capital offense for which the death penalty is sought, a hearing shall be held

Page 1438

as provided in Code Section 17-10-35.2 to determine if there shall be a review of pretrial proceedings by the Supreme Court prior to a trial before a jury. Review of pretrial proceedings, if ordered by the trial court, shall be exclusively as provided by Code Section 17-10-35.1 and no certificate of immediate review shall be necessary. (d) Where an appeal is taken under any provision of subsection (a), (b), or (c) of this Code section, all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling, or order appealed from was final or was appealable by some other express provision of law contained in this Code section, or elsewhere. For purposes of review by the appellate court, one or more judgments, rulings, or orders by the trial court held to be erroneous on appeal shall not be deemed to have rendered all subsequent proceedings nugatory; but the appellate court shall in all cases review all judgments, rulings, or orders raised on appeal which may affect the proceedings below and which were rendered subsequent to the first judgment, ruling, or order held erroneous. Nothing in this subsection shall require the appellate court to pass upon questions which are rendered moot. Section 2 . Said article is further amended by adding at the end of Code Section 5-6-38, relating to the time of filing a notice of appeal and cross appeal, a new subsection (c) to read as follows: (c) Notwithstanding subsection (a) of this Code section, where either the state or the defendant wishes to appeal any judgment, ruling, or order in the pretrial proceedings of a criminal case involving a capital offense for which the death penalty is sought, such appeal shall be brought as provided in Code Section 17-10-35.1. Section 3 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of Code Section 17-7-171, relating to the time when a demand for trial is to be made by the defendant in a capital

Page 1439

felony case, a new subsection, to be designated subsection (c), to read as follows: (c) In cases involving a capital offense for which the death penalty is sought, if a demand for trial is entered, the counting of terms under subsection (b) of this Code section shall not begin until the convening of the first term following the completion of pretrial review proceedings in the Supreme Court under Code Section 17-10-35.1. Section 4 . Said title is further amended by inserting immediately following Code Section 17-10-35 new Code sections, to be designated Code Sections 17-10-35.1 and 17-10-35.2, to read as follows: 17-10-35.1. (a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court upon a determination by the trial judge under Code Section 17-10-35.2 that such review is appropriate. The review shall be initiated by the trial judge's filing in the office of the clerk of superior court and delivering to the parties a report certifying that all pretrial proceedings in the case have been completed and that the case stands ready for trial. Within ten days after the filing of the report or the receipt of transcripts of the proceedings, whichever is later, the prosecutor and the defendant may each file with the clerk of superior court and serve upon the opposing party a report identifying all areas of the pretrial proceedings with respect to which reversible error may arguably have occurred. Either party may consolidate with such report an application for appeal with respect to any order, decision, or judgment entered in the case. Any such application for appeal shall be in the form otherwise appropriate under subsection (b) of Code Section 5-6-34, but: (1) Any such application for appeal shall be filed with the clerk of superior court rather than the clerk of the Supreme Court; (2) The opposing party shall not be required or permitted to respond to such an application for appeal; and (3) No certificate of immediate review shall be required for the filing of such application for appeal.

Page 1440

(b) The reports of the trial judge, prosecutor, and defendant under subsection (a) of this Code section shall be in the form of standard questionnaires prepared and supplied by the Supreme Court. Such questionnairs shall be designed to determine whether there is arguably any existence of reversible error with respect to any of the following matters: (1) Any proceedings with respect to change of venue; (2) Any proceedings with respect to recusal of the trial judge; (3) Any challenge to the jury array; (4) Any motion to suppress evidence; (5) Any motion for psychiatric or other medical evaluation; and (6) Any other matter deemed appropriate by the Supreme Court. (c) Upon the filing of the reports of the parties, the clerk of superior court shall transmit to the Supreme Court the report of the trial judge, the transcripts of proceedings, and the reports of the parties together with any application for appeal consolidated therewith. A copy of all of the foregoing shall also be delivered by the clerk of superior court to the Attorney General. (d) The Supreme Court shall issue an order granting review of the pretrial proceedings, or portions thereof, or denying review within 20 days of the date on which the case was received. The order of the Supreme Court shall identify the matters which shall be subject to review, and such matters may include, but need not be limited to, any matters called to the court's attention in any of the reports or in any application for appeal. No notice of appeal shall be required to be filed if review of the pretrial proceedings is granted. An order granting review of pretrial proceedings shall specify the period of time within which each party shall file briefs and reply briefs with respect to the matters identified in the Supreme Court's order granting review. The Supreme

Page 1441

Court may order oral argument or may render a decision on the record and the briefs. (e) If requested by the district attorney, the Attorney General shall assist in the review and appeal provided for in this Code section. (f) Review of any matter under this Code section shall, as to any question passed on in such review, be res judicata as to such question and shall be deemed to be the law of the case. (g) The procedure under this Code section shall not apply to any ruling or order made, invoked, or sought subsequent to the filing of the report of the trial judge. (h) The failure of either party to assert the rights given in this Code section, or the failure of the Supreme Court to grant review, shall not waive the right to posttrial review of any question review of which could be sought under this Code section and shall not constitute an adjudication as to such question. 17-10-35.2. Prior to the filing of a report by the trial judge under Code Section 17-10-35.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appellate review outweights the need for such review. The court shall order such review and initiate the procedure contained in Code Section 17-10-35.1 unless the court concludes and enters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable. Section 5 . Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 17-10-36, relating to the establishment of a unified review procedure in death penalty cases, and inserting in their place new subsections (a) and (b) to read as follows: (a)The Supreme Court of Georgia shall establish, by rules, a new unified review procedure to provide for the

Page 1442

presentation to the sentencing court and to the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed, which challenges before July 1, 1988 have been presented for review by the former unified review procedure under this subsection. Such new unified review procedure shall govern both pretrial and posttrial appellate review of death penalty cases. (b)The Supreme Court shall establish, by rules, a series of check lists to be utilized by the trial court, the prosecuting attorney, and defense counsel prior to, during, and after the trial of cases in which the death penalty is sought, to make certain that all possible matters which could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sentencing court and the Supreme Court of all possible challenges to the trial, conviction, sentence, and detention of the defendant. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1443

HEALTHINFORMED CONSENT TO SURGICAL, MEDICAL, OR DIAGNOSTIC PROCEDURES; CAUSES OF ACTION; RULES AND REGULATIONS. Code Section 31-9-6.1 Enacted. No. 1365 (Senate Bill No. 367). AN ACT To amend Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, so as to require disclosure of certain information to any person who undergoes certain surgical or diagnostic procedures; to provide that when certain consent is not obtained in writing then no presumption shall arise as to the validity of such consent; to provide that certain forms of written consent shall be rebuttably presumed to be valid consent under certain circumstances; to provide for methods of disclosure; to provide that causes of action for failure to comply with this Act shall be actions for medical malpractice; to prohibit such causes of action under certain circumstances; to provide for exceptions to such required disclosure; to provide for application of such consent to certain other medical personnel; to provide for consent to courses of treatment; to provide that the Composite State Board of Medical Examiners shall adopt rules, regulations, and procedures establishing standards for physician compliance of this Act; to provide that such board shall notify certain physicians of the adoption of this Act; to provide a definition; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 9 of Title 31 of the Official Code of Georgia Annotated, relating to requirements for valid consent to certain surgical or medical treatment, is amended by adding a new Code section immediately following Code Section 31-9-6, to be designated Code Section 31-9-6.1, to read as follows: 31-9-6.1. (a) Except as otherwise provided in this Code section, any person who undergoes any surgical procedure

Page 1444

under general anesthesia, spinal anesthesia or major regional anesthesia or any person who undergoes an amniocentesis diagnostic procedure or a diagnostic procedure which involves the intravenous injection of a contrast material must consent to such procedure and shall be informed in general terms of the following: (1) A diagnosis of the patient's condition requiring such proposed surgical or diagnostic procedure; (2) The nature and purpose of such proposed surgical or diagnostic procedure; (3) The material risks generally recognized and accepted by reasonably prudent physicians of infection, allergic reaction, severe loss of blood, loss or loss of function of any limb or organ, paralysis or partial paralysis, paraplegia or quadriplegia, disfiguring scar, brain damage, cardiac arrest, or death involved in such proposed surgical or diagnostic procedure which, if disclosed to a reasonably prudent person in the patient's position, could reasonably be expected to cause such prudent person to decline such proposed surgical or diagnostic procedure on the basis of the material risk of injury that could result from such proposed surgical or diagnostic procedure; (4) The likelihood of success of such proposed surgical or diagnostic procedure; (5) The practical alternatives to such proposed surgical or diagnostic procedure which are generally recognized and accepted by reasonably prudent physicians; and (6) The prognosis of the patient's condition if such proposed surgical or diagnostic procedure is rejected. (b) (1) If a consent to a surgical or diagnostic procedure is required to be obtained under this Code section and such consent is not obtained in writing in accordance with the requirements of this Code section, then no presumption shall arise as to the validity of such consent. (2) If a consent to a diagnostic or surgical procedure is required to be obtained under this Code section and

Page 1445

such consent discloses in general terms the information required in subsection (a) of this Code section, is duly evidenced in writing, and is signed by the patient or other person or persons authorized to consent pursuant to the terms of this chapter, then such consent shall be rebuttably presumed to be a valid consent. (c) In situations where a consent to a surgical or diagnostic procedure is required under this Code section, it shall be the responsibility of the responsible physician to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. The information provided for in this Code section may be disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with nurses, physician's assistants, trained counselors, patient educators, or other similar persons known by the responsible physician to be knowledgeable and capable of communicating such information; provided, however, that for the purposes of this Code section only, if any employee of a hospital or ambulatory surgical treatment center participates in any such conversations at the request of the responsible physician, such employee shall be considered for such purposes to be solely the agent of the responsible physician. (d) A failure to comply with the requirements of this Code section shall not constitute a separate cause of action but may give rise to an action for medical malpractice as defined in Code Section 9-3-70 and as governed by other provisions of this Code relating to such actions; and any such action shall be brought against the responsible physician or any hospital, ambulatory surgical treatment center, professional corporation, or partnership of which the responsible physician is an employee or partner and which is responsible for such physician's acts, or both, upon a showing that; (1) That the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure; (2) That information concerning the injury suffered was not disclosed as required by this Code section; and

Page 1446

(3) That a reasonably prudent patient would have refused the surgical or diagnostic procedure or would have chosen a practical alternative to such proposed surgical or diagnostic procedure if such information had been disclosed; provided, however, that, as to an allegation of negligence for failure to comply with the requirements of this Code section, the expert's affidavit required by Code Section 9-11-9.1 shall set forth that the patient suffered an injury which was proximately caused by the surgical or diagnostic procedure and that such injury was a material risk required to be disclosed under this Code section. (e) The disclosure of information and the consent provided for in this Code section shall not be required if: (1) An emergency exists as defined in Code Section 31-9-3; (2) The surgical or diagnostic procedure is generally recognized by reasonably prudent physicians to be a procedure which does not involve a material risk to the patient involved; (3) If a patient or other person or persons authorized to give consent pursuant to this chapter make a request in writing that the information provided for in this Code section not be disclosed; (4) A prior consent, within ten (10) days of the surgical or diagnostic procedure, complying with the requirements of this Code section to the surgical or diagnostic procedure has been obtained as a part of a course of treatment for the patient's condition; provided, however, that if such consent is obtained in conjunction with the admission of the patient to a hospital for the performance of such procedure, the consent shall be valid for a period of 30 days from the date of admission or for the period of time the person is confined in the hospital for that purpose, whichever is greater; or (5) The surgical or diagnostic procedure was unforeseen or was not known to be needed at the time consent

Page 1447

was obtained, and the patient has consented to allow the responsible physician to make the decision concerning such procedure. (f) A prior consent to surgical or diagnostic procedures obtained pursuant to the provisions of this Code section shall be deemed to be valid consent for the responsible physician and all medical personnel under the direct supervision and control of the responsible physician in the performance of such surgical or diagnostic procedure and for all other medical personnel otherwise involved in the course of treatment of the patient's condition. (g) The Composite State Board of Medical Examiners shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this chapter specifically including but not limited to the disciplining of a physician who fails to comply with this Code section. (h) As used in this Code section, the term `responsible physician' means the physician who performs the procedure or the physician under whose direct orders the procedure is performed by a nonphysician. Section 2 . The Composite State Board of Medical Examiners shall be required to inform all physicians licensed in this state of the adoption of this Act within a reasonable period of time after such Act has been signed by the Governor. Section 3 . This Act shall become effective on January 1, 1989, and shall apply to all such surgical or diagnostic procedures performed on or after January 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1448

COMMISSIONER OF CORRECTIONSCONTRACTS. Code Section 42-2-8 Amended. No. 1366 (Senate Bill No. 472). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, so as to provide that the commissioner of corrections or his designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and Department of Corrections, is amended by striking in its entirety Code Section 42-2-8, relating to additional duties of the commissioner of corrections, and inserting in lieu thereof a new Code Section 42-2-8 to read as follows: 42-2-8. The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he may be directed to perform by the board. The commissioner or his designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property.

Page 1449

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 11, 1988. TAX COMMISSIONERS, RECEIVERS, AND COLLECTORSVACANCIES; CHIEF DEPUTY. Code Section 48-5-211 Amended. Code Section 48-5-212 Enacted. No. 1367 (Senate Bill No. 485). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to authorize the appointment of chief deputy tax receivers, collectors, or commissioners; to provide for requirements and procedures relating to the filling of vacancies in the offices of tax receiver, collector, or commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (a) of Code Section 48-5-211, relating to filling vacancies in the offices of tax receiver, tax collector, or tax commissioner, and inserting in its place a new subsection (a) to read as follows: (a) Except as otherwise provided in Code Section 48-5-212, as soon as a vacancy occurs in the office of county tax receiver, tax collector, or tax commissioner, the judge

Page 1450

of the probate court shall appoint a qualified person to discharge the duties of such officer until the vacancy is filled. Section 2 . Said title is further amended by adding a new Code Section immediately following Code Section 48-5-211, to be designated Code Section 48-5-212, to read as follows: 48-5-212. (a) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, the tax receiver, tax collector, or tax commissioner of any county shall be authorized to appoint a chief deputy tax receiver, chief deputy tax collector, or chief deputy tax commissioner, provided that such person has met the same training requirements as enumerated in Code Section 48-5-126.1. Such chief deputy shall have the duties prescribed by the appointing tax official and the authority prescribed in this Code section. (b) Except as otherwise provided in Code Section 48-5-100.1 and Code Section 48-5-128.1, in any county in which a chief deputy tax commissioner has been appointed pursuant to subsection (a) of this Code section and said chief deputy meets all qualifications for the office of tax commissioner, the chief deputy tax commissioner shall assume the duties of the office of the tax commissioner upon the death, resignation, incapacity, or inability of such tax commissioner of any such county to serve. Such chief deputy shall serve until such time as the incapacity or inability of such tax commissioner is removed or until January 1 following the next succeeding general election, whichever occurs first. The chief deputy tax commissioner shall receive no additional compensation for performing the duties of such tax commissioner except in cases involving the death or resignation of such tax commissioner, in which case the chief deputy shall receive the same compensation, paid in the same manner, as such tax commissioner 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 tax commissioner is removed prior to such election, a duly qualified person shall be elected tax commissioner 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.

Page 1451

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVESOFFICERS AND DIRECTORS; STANDARD OF CARE; LIABILITY; INDEMNIFICATION. Code Section 46-3-303.1 Enacted. Code Sections 46-3-306 and 46-3-321 Amended. No. 1368 (Senate Bill No. 536). AN ACT To amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, so as to permit officers and directors to rely upon a wider variety of professional and other opinions, reports, or statements in discharging their duties; to change the standards of care and conduct for certain actions of officers and directors and provide for limitations of liability; to change the provisions relating to indemnification of directors, officers, employees, or agents; to provide for advancement of expenses; to provide for continuation of indemnification and advancement of expenses; to provide for the elimination or limitation of personal liability of corporate directors under certain circumstances; 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 . Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electric membership corporations and foreign electric cooperatives, is amended by inserting

Page 1452

immediately following Code Section 46-3-303 a new Code section, to be designated Code Section 46-3-303.1, to read as follows: 46-3-303.1. (a) (1) A director shall discharge his duties as director, including his duties as a member of a committee: (A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the electric membership corporation whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (3) A director is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) A director is not liable for any action taken as a director or any failure to take any action if he performed the duties of his office in compliance with this subsection. (b) (1) An officer with discretionary authority shall discharge his duties under that authority:

Page 1453

(A) In good faith; and (B) With the care an ordinarily prudent person in a like position would exercise under similar circumstances. (2) In discharging his duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (A) One or more officers or employees of the electric membership corporation whom the officer reasonably believes to be reliable and competent in the matters presented; or (B) Legal counsel, public accountants, investment bankers, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (3) An officer is not acting in good faith if he has knowledge concerning the matter in question that makes unwarranted the reliance otherwise permitted by paragraph (2) of this subsection. (4) An officer is not liable for any action as an officer or any failure to take any action if he performed the duties of his office in compliance with this subsection. (c) The general standards of care and conduct for actions of directors or officers of electric membership corporations, which actions occur on July 1, 1988, shall be as provided in this Code section and not as provided in Code Section 46-3-303. (d) This Code section shall not relieve any director or officer from liability for the payment of taxes. Section 2 . Said article is further amended by striking in their entirety subsections (c) through (i) of Code Section 46-3-306, relating to indemnification of corporate officers, directors, employees, and agents, and inserting in their place new subsections (c) through (j) to read as follows:

Page 1454

(c) An electric membership corporation shall have the power to indemnify any person who was or is a party or who is threatened to be made a party to any threatened, pending, or completed action or suit by, or in the right of, the electric membership corporation to procure a judgment in its favor, by reason of the fact he is or was a director, officer, employee, or agent of the electric membership corporation or is or was serving at the request of the electric membership corporation as a director, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses, including attorney's fees, actually and reasonably incurred by him in connection with the defense or settlement of such action or suit, if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the electric membership corporation; except that no indemnification shall be made in respect to any claim, issue, or matter as to which such person shall have been adjudged to be liable to the electric membership corporation, unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which the court shall deem proper. (d) To the extent that a director, officer, employee, or agent of an electric membership corporation has been successful, on the merits or otherwise, in defense of any action, suit, or proceeding referred to in subsections (b) and (c) of this Code section or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses, including attorneys' fees, actually and reasonably incurred by him in connection therewith. (e) Any indemnification under subsections (b) and (c) of this Code section, unless ordered by a court, shall be made by the electric membership corporation only as authorized in the specific case, upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in subsections (b) and (c) of this Code section. Such determination shall be made:

Page 1455

(1) By the board of directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding; (2) If such a quorum is not obtainable or, even if obtainable, if a quorum of disinterested directors so directs, by independent legal counsel in a written opinion; or (3) By the affirmative vote of the members present and voting at the meeting at which such determination is made. (f) Expenses incurred in defending a civil or criminal action, suit, or proceeding may be paid by the electric membership corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the electric membership corporation as authorized in this Code section. (g) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall not be deemed exclusive of any other rights, in respect to indemnification or otherwise, to which those seeking indemnification or advancement of expenses may be entitled under any bylaw, resolution, or agreement, either specifically or in general terms approved by the affirmative vote of a majority of the members entitled to vote thereon, taken at a meeting, the notice of which specified that such bylaw, resolution, or agreement would be placed before the members, both as to action by a director, officer, employee, or agent in his official capacity and as to action in another capacity while holding such office or position, except that no such other rights, in respect to indemnification or otherwise, may be provided or granted to a director, officer, employee, or agent pursuant to this subsection by an electric membership corporation with respect to the liabilities described in divisions (b)(3)(A)(i) through (b)(3)(A)(iii) of Code Section 46-3-321. (h) An electric membership corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent

Page 1456

of the electric membership corporation or who is or was serving at the request of the electric membership corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the electric membership corporation would have the power to indemnify him against such liability under this Code section. (i) If any expenses or other amounts are paid by way of indemnification, otherwise than by court order or action by the members or by an insurance carrier pursuant to insurance maintained by the electric membership corporation, the electric membership corporation, not later than the next annual meeting of members, unless such meeting is held within three months from the date of such payment, and in any event, within 15 months from the date of such payment, shall send to its members who are entitled to vote for the election of directors a statement specifying the persons paid, the amounts paid, and the nature and status at the time of such payment of the litigation or threatened litigation. Such statement shall be provided to the members in the manner provided in subsection (a) of Code Section 46-3-263 for giving notice of members' meetings. (j) The indemnification and advancement of expenses provided by or granted pursuant to this Code section shall, unless otherwise provided when authorized or ratified, continue as to a person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of the heirs, executors, and administrators of such a person. Section 3 . Said article is further amended by striking in its entirety subsection (b) of Code Section 46-3-321, relating to articles of incorporation for electric membership corporations, and inserting in its place a new subsection (b) to read as follows: (b) The articles of incorporation may, as a matter of election, also set forth: (1) Any provision, not inconsistent with law, for the regulation of the internal affairs of the electric membership corporation;

Page 1457

(2) Any provision which under this chapter is required or permitted to be set forth in the bylaws; any such provision set forth in the articles of incorporation need not be set forth in the bylaws; and (3) (A) A provision eliminating or limiting the personal liability of a director to the electric membership corporation or its members for monetary damages for breach of duty of care or other duty as a director, provided that such provision shall not eliminate or limit the liability of a director: (i) For any appropriation, in violation of his duties, of any business opportunity of the electric membership corporation; (ii) For acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or (iii) For any transaction from which the director derived an improper personal benefit. (B) No such provision shall eliminate or limit the liability of a director for any act or omission occuring prior to the date when such provision becomes effective. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1458

TRADEMARKS AND SERVICE MARKSCOUNTIES AND MUNICIPALITIES; SERVICE MARK REGISTRATION; LIQUIDATED DAMAGES. Code Sections 10-1-441 and 10-1-450 Amended. No. 1369 (Senate Bill No. 558). AN ACT To amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to authorize counties and municipalities to have registered their own service marks; to provide for liquidated damages for certain infringements of registered trademarks and service marks; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, is amended by striking paragraph (3) of Code Section 10-1-441, relating to marks ineligible for registration, and inserting in its place a new paragraph to read as follows: (3) Consists of or comprises the flag or coat of arms or other insignia of the United States or of any state, county, or municipality or of any foreign nation or any simulation thereof, except that a county or municipality shall be entitled to have registered its own service mark for use by that county or municipality; or. Section 2 . Said part is further amended by striking Code Section 10-1-450, relating to civil actions for certain infringements, and inserting in its place a new Code section to read as follows: 10-1-450. Subject to Code Section 10-1-452, any person who shall:

Page 1459

(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark of service mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or (2) Reproduce, counterfeit, copy, or colorably imitate any such trademark or service mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; shall be liable to a civil action by the owner of such registered trademark or service mark for liquidated damages in the amount of $10,000.00, if such act has been committed with knowledge that the trademark or service mark has been registered under this part and such act has been committed without previously obtaining the consent of the owner thereof, and for any or all of the remedies provided in subsection (a) of Code Section 10-1-451, except that actual damages shall not be recoverable when liquidated damages are sought, and except that under paragraph (2) of this Code section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trademark or service mark is intended to be used to cause confusion or mistake or to deceive. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1460

HANDICAPPED PARKINGCOUNTERFEIT PERMITS; RAMPS; SPECIAL PERMANENT PERMITS; COLOR; CONTENTS. Code Sections 40-6-221 and 40-6-222 Amended. No. 1370 (Senate Bill No. 574). AN ACT To amend Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to define certain terms; to change the prescribed color of handicapped parking permits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 2 of Article 10 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by striking Code Section 40-6-221, relating to definitions, in its entirety and inserting in lieu thereof a new Code Section 40-6-221 to read as follows: 40-6-221. As used in this part, the term: (0.1) `Counterfeit' means any copy of any kind of handicapped parking permit which is not authorized by and does not carry the official seal of the Department of Public Safety. (1) `Handicapped parking place' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows: (A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: `Permit Parking Only,' `Tow-Away Zone,' and `Maximum Fine $500.00.'

Page 1461

The warnings required in this subparagraph shall be printed in white letters not less than one inch in height on three separate lines and centered on the sign. The sign shall also bear the international symbol for accessibility centered between the second and third warnings. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations in this state; (B) Where the parking place is designated before January 1, 1988, by a sign or signs bearing the words `Tow-Away Zone' and `Handicapped Parking Only' or the words `Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as the sign or signs are replaced for other reasons, at which time any new sign erected shall comply fully with the requirements of subparagraph (A) of this paragraph; or (C) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words `Tow-Away Zone' and `Handicapped Parking Only' or the words `Tow-Away Zone' and the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph. (2) `Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (3) `Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31.

Page 1462

(4) `Permanently handicapped person' means a handicapped person whose disability or incapacity can be expected to last for more than 180 days. (4.1) `Ramp' shall mean, in addition to any other specified meanings: (A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and (B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted. (5) `Temporarily handicapped person' means a handicapped person whose disability or incapacity can be expected to last for not more than 180 days. Section 2 . Said part is further amended by striking subsection (e) of Code Section 40-6-222, relating to handicapped parking permits, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) The department shall issue a special permanent permit to any person who: (1) Because of a physical handicap drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent handicapped parking permits and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit: `Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a

Page 1463

gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.' Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. DOWNTOWN DEVELOPMENT AUTHORITIESPROJECTS; POWERS. Code Sections 36-42-3 and 36-42-8 Amended. No. 1371 (Senate Bill No. 577). AN ACT To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to change the definition of project to include certain not for profit hospitals, not for profit skilled nursing homes, and not for profit intermediate care homes; to change certain powers of such authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, is amended by striking paragraph (6) of Code Section 36-42-3, relating to definitions regarding downtown development

Page 1464

authorities, and inserting in its place a new paragraph (6) to read as follows: (6) `Project' means the acquisition, construction, installation, modification, renovation or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and the acquisition, modification, renovation, 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 the development of trade, commerce, industry, and employment opportunities in the downtown development area. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more buildings or structures used or to be used as a not for profit hospital, not for profit skilled nursing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment furnishings, appurtenances, site preparation, landscaping, and physical amenities. Section 2 . Said chapter is further amended by striking paragraph (5) of Code Section 36-42-8, relating to powers of such authorities generally, and inserting in its place a new paragraph (5) to read as follows: (5) To finance (by loan, grant, lease, or otherwise), refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships (whether limited or general), or other entities, all of

Page 1465

which the authority is authorized to receive, accept, and use;. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. GENERAL ASSEMBLYSENATE DISTRICTS 15 AND 16; COMPOSITION. Code Section 28-2-2 Amended. No. 1372 (Senate Bill No. 582). AN ACT To amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to change the composition of certain state Senate districts; 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 . Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking from subsection (a) the descriptions of Senate Districts 15 and 16 and inserting in lieu thereof the following new descriptions of said districts: District No. 15 Chattahoochee That part of Tract 202 not within Senate District No. 11 Marion

Page 1466

Muscogee Tract 22 Blocks 311 through 317 Block Group 4 Tracts 23 through 25 and 27 Tract 28 Block Groups 4 and 5 Blocks 601 through 604 Tract 29.01 Block Group 2 Tract 29.02 Tracts 30 through 34, 106.03, 106.04, 107.01 through 107.03, 108, and 109 Talbot District No. 16 Muscogee Tracts 1 through 16 and 18 through 21 Tract 22 Block Groups 1 and 2 Blocks 301 through 310 Tract 26 Tract 28 Block Groups 1 through 3 Block 605 Block Groups 7 and 8 Tract 29.01 Block Group 1 Tracts 101.01, 101.02, 102.01, 102.02, 103.01, 103.02, 104.01, 104.02, 105, 106.02, and 110 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 all elections for members of the Senate held on and after its effective date. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1467

INSURANCEPROPERTY INSURANCE; CONSUMER WARRANTY AGREEMENTS; CORPORATE SURETY INSURERS; ELECTRICAL OR ELECTRONIC CONSUMER PRODUCTS. Code Section 33-7-6 Amended. No. 1373 (Senate Bill No. 589). AN ACT To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, so as to authorize certain corporate surety insurers to guarantee certain consumer warranty agreements; 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 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, is amended by striking paragraph (3) of subsection (b) and inserting in its place a new paragraph (3) to specify certain items constituting property insurance and to read as follows: (3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument convered 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: (A) An agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract; (B) Any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation;

Page 1468

(C) Any tire replacement contract, agreement, or instrument; or (D) A contract, agreement, or instrument whereby a retailer in the business of selling electrical or electronic consumer products assumes the risk of and the expense or portion thereof for the cost of repair or replacement of electrical or electronic consumer products where such contract, agreement, or instrument 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. Section 2 . Said Code section is further amended by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows: (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. Any contract, agreement, or instrument as defined in paragraphs (2) and (3) 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. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1469

CRIMES AND OFFENSESFORECLOSURE FRAUD. Code Section 16-9-60 Enacted. No. 1374 (Senate Bill No. 647). AN ACT To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, so as to provide a definition and prohibit foreclosure fraud; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud and related offenses, is amended by adding at the end thereof a new Code section to read as follows: 16-9-60. (a) For purposes of this Code section, the term `foreclosure fraud' shall include any of the following: knowingly or willfully representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property or such debtor's interest therein; or knowingly or willfully making fraudulent representation to a debtor about assisting the debtor in connection with said property. (b) Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of such fraudulent scheme shall be guilty of a felony. (c) A person who violates subsection (a) of this Code section shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1470

COMMISSION ON CRIMINAL SANCTIONS AND CORRECTIONAL FACILITIESCREATION. No. 84 (Senate Resolution No. 300). A RESOLUTION Creating the Commission on Criminal Sanctions and Correctional Facilities; and for other purposes. WHEREAS, the criminal code of Georgia is over 20 years old and many of its provisions date back 100 years or more; and WHEREAS, many of the sanctions for criminal offenses give the sentencing judge board discretion, resulting in greatly disparate sentences being imposed for similar offenses; and WHEREAS, since 1983, the grid system has been used by the State Board of Pardons and Paroles to equalize the sentences and to manage the inmate population of the prison system; and WHEREAS, existing prison facilities are inadequate in spite of those efforts to manage the inmate population, resulting in large numbers of state prisoners being backed up in county jails; and WHEREAS, new prison facilities are under construction and others planned for the future but projections indicate that it will be impossible to build enough prison facilities to accommodate the escalating inmate population; and WHEREAS, a major crisis in prison crowding is likely in the near future unless the sentencing structure and practices are altered so as to reduce the number of inmates introduced into the system; and WHEREAS, it is therefore necessary to address the impact of sentencing on correctional resources, to change these sanctions where feasible, and to increase the use of alternatives to incarceration while providing adequate prison facilities to protect the public from dangerous offenders; and

Page 1471

WHEREAS, public confidence in our system of justice must be restored by ensuring that the criminal justice system is capable of carrying out sanctions imposed by the courts; and WHEREAS, all three branches of state government must cooperate to find solutions to these complex problems involving the administration of justice. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . There is created the Commission on Criminal Sanctions and Correctional Facilities which shall consist of 12 members as follows: (1) One superior court judge to be appointed by the Governor; (2) One district attorney to be appointed by the Governor; (3) One representative from the Department of Corrections to be appointed by the Governor; (4) One representative from the State Board of Pardons and Paroles to be appointed by the Governor; (5) One sheriff to be appointed by the Governor; (6) One representative from the Association County Commissioners to be appointed by the Governor; (7) One representative from the Georgia Association of Criminal Defense Lawyers to be appointed by the Governor; (8) One citizen member from the public at large to be appointed by the Governor; (9) Two members of the Senate to be appointed by the President of the Senate; and (10) Two members of the House of Representatives to be appointed by the Speaker of the House of Representatives.

Page 1472

Section 2 . The Governor shall appoint the chairman of the commission, and the commission shall select a vice chairman who shall preside in the absence of the chairman. The commission may elect such other officers as it deems advisable and shall establish such quorum, attendance, and other rules as it deems necessary. Section 3 . The commission shall study all relevant aspects of the criminal justice system and sanctions of the State of Georgia including the coordination, design, and functions of the courts, agencies, programs, and services currently operating to deliver criminal justice services to the citizens of Georgia. The goal of the commission shall be to enhance public respect for the law and the criminal justice system by developing criminal sanctions which are meaningful to both the offender and to the public; which are proportionate to the seriousness of the offense; which provide for sentencing equity; which encourage the use of appropriate alternatives to incarceration; and which offer the necessary public protection, while at the same time ensuring the most cost-effective use of available public resources. The commission shall make a report of its findings and recommendations for the improvement of Georgia's criminal justice system, including any proposed legislation, to the Governor and all members of the General Assembly on or before December 31, 1989. Section 4 . 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 department 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.

Page 1473

Section 5 . The Criminal Justice Coordinating Council shall provide staff assistance to the commission. Section 6 . The chairman of the commission may designate and appoint committees to perform such functions as he may determine to be necessary. The commission may, either by itself or through such committees, hold hearings, conduct investigations, and take any other action necessary or desirable to collect data and obtain information. Section 7 . 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. Section 8 . The commission shall stand abolished January 1, 1990,and this resolution shall stand repealed on January 1, 1990. Section 9 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1988. WILLIAMS BROS. DIVISION OF BLUE CIRCLE, INC.CONVEYANCE OF STATE OWNED REAL PROPERTY. No. 85 (House Resolution No. 627). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Bartow County, Georgia; and

Page 1474

WHEREAS, said real property is described as follows: All that tract or parcel of land containing 1.5 acres, more or less, lying and being in Land Lot 91 of the 5th District, 3rd Section, Bartow County, Georgia, and being more particularly described as Parcel No. 4 of the Western Atlantic Valuation Map V2/24 (on file in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia, and in the offices of the State Properties Commission) (for a more complete description, purchaser shall provide a survey to be approved by the Executive Director of the State Properties Commission); and WHEREAS, the above-described property was a part of the state owned Western Atlantic Railroad right-of-way and has been abandoned and is no longer needed by the state; and WHEREAS, Williams Bros. Division of Blue Circle, Inc., owns property adjoining the above-described property; and WHEREAS, Williams Bros. Division of Blue Circle, Inc., desires this property for use in the construction of a lumber and building materials facility in conjunction with adjacent property owned by Williams Bros. Division of Blue Circle, Inc.; and WHEREAS, Resolution Act No. 68, H.R. 150-618, approved April 25, 1975 (Ga. L. 1975, p. 1580), authorized conveyance of the above property by competitive bid for a consideration of not less than the fair market value; and WHEREAS, no bids were received in response to the publicized Invitation to Bid; and WHEREAS, the above-described property was not conveyed at that time. 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

Page 1475

to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. Section 2 . That the above-described real property shall be sold and conveyed by appropriate instrument to Williams Bros. Division of Blue Circle, Inc., by the State of Georgia, acting by and through its State Properties Commission, for the fair market value and upon such further consideration and provisions as directed by the State Properties Commission. Section 3 . That, notwithstanding Resolution Act No. 68, H.R. 150-618, approved April 25, 1975 (Ga. L. 1975, p. 1580), the State of Georgia, acting by and through its State Properties Commission, is authorized to sell and convey the above-described real property by appropriate instrument to Williams Bros. Division of Blue Circle, Inc., for a consideration of not less than the fair market value and upon such further terms and conditions as directed by the State Properties Commission. Section 4 . That a plat of survey shall be provided by Williams Bros. Division of Blue Circle, Inc., suitable for recording in Bartow County, and presented to the executive director of the State Properties Commission for his approval. Section 5 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval and in accordance with the provisions hereof. Section 6 . That a resolution authorizing the disposal of a tract of state owned property, Resolution Act No. 68, H.R. 150-618, approved April 25, 1975 (Ga. L. 1975, p. 1580), is repealed in its entirety. Section 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved April 11, 1988.

Page 1476

GEORGIA LEGISLATIVE RETIREMENT SYSTEMMEMBERSHIP; CREDITABLE SERVICE. Code Sections 47-6-42 and 47-6-70 Amended. No. 1375 (House Bill No. 106). 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 authorize members of the General Assembly who declined membership in a public retirement system to become members of the retirement system and to authorize such members to receive creditable service for certain prior service as a member of the General Assembly; to authorize present members of the retirement system to receive creditable service for certain prior service as a member of the General Assembly; 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 47-6-42, relating to the election of members of the General Assembly to become members of the system, a new subsection (e) to read as follows: (e) (1) Any other provisions of subsection (a) of this Code section to the contrary notwithstanding, any member of the General Assembly who was serving as such on April 13, 1979, and who, pursuant to said subsection (a) of this Code section, elected not to become a member of a public retirement system may at any time from July 1, 1988, until December 31, 1988, elect to become a member of this retirement system. Such election shall be made within such time limitation by written application to the board of trustees to become a member of this retirement system.

Page 1477

(2) Any other provisions of this chapter to the contrary notwithstanding, any member of the General Assembly who elects to become a member of this retirement system pursuant to paragraph (1) of this subsection may obtain creditable service under this chapter for all or any part of prior service as a member of the General Assembly rendered after December 31, 1978, by paying to the board of trustees the employer and employee contributions which would have been paid to the retirement system by or on behalf of the member of the General Assembly if such member had been a member of the retirement system during the period for which creditable service is obtained, plus regular interest thereon compounded annually from the time the prior service was rendered until the date of payment. (3) For the purposes of paragraph (2) of this subsection: (A) The rate of the employer contribution shall be determined by the board of trustees on the basis of the state payments which were made to fund the retirement system during the period of prior service for which creditable service is obtained; (B) The rate of the employee contribution shall be the rate specified in subsection (a) of Code Section 47-6-60, without any reduction because of subsection (d) of Code Section 47-6-60, plus the additional rate specified by subsection (f) of Code Section 47-6-60 for service after June 30, 1986; and (C) Regular interest shall be at the rate determined by the board of trustees under subsection (g) of Code Section 47-6-22 which is in effect at the time the application for creditable service is filed with the board of trustees. (4) A member of the General Assembly seeking to obtain creditable service authorized under paragraph (2) of this subsection shall apply therefor to the board of trustees at the time such member applies for membership in the retirement system under paragraph (1) of this

Page 1478

subsection. The board of trustees shall certify to the applicant the amount of payments required under paragraph (2) of this subsection. Such payments must be made by December 31, 1988, and no creditable service may be obtained under this Code section after that date. Section 2 . Said chapter is further amended by designating the present language of Code Section 47-6-70, relating to creditable service under the retirement system, as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) Any member who has prior service as a member of the General Assembly rendered after July 1, 1967, for which creditable service under this retirement system has not been obtained shall receive creditable service for such prior service subject to the following conditions and requirements: (1) The prior service as a member of the General Assembly must have been rendered while the member was a contributing member of either this retirement system or the Employees' Retirement System of Georgia; (2) Employee contributions made by the member during the period of such prior service must not have been withdrawn by the member; and (3) Creditable service obtained under this subsection shall be applicable only to the Georgia Legislative Retirement System and shall have no application whatsoever to the Employees' Retirement System of Georgia or to any rights retained under that retirement system pursuant to the provisions of subsection (d) of Code Section 47-6-42. Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1479

PEACE OFFICERS' ANNUITY AND BENEFIT FUNDPUBLIC SERVICE COMMISSION ENFORCEMENT OFFICERS; MEMBERSHIP. Code Section 47-17-1 Amended. No. 1376 (House Bill No. 157). AN ACT To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term peace officer; to provide that certain employees of the Public Service Commission shall be entitled to membership in the Peace Officers' Annuity and Benefit Fund; 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 47-17-1 of the Official Code of Georgia Annotated, relating to definitions with respect to the Peace Officers' Annuity and Benefit Fund, is amended by striking paragraph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Peace officer' means: (A) All peace officers who are employed by this state or any subdivision or municipality thereof and who are required by the terms of their employment, whether by election or appointment, to give their full time to the preservation of public order, the protection of life and property, or the detection of crime in this state or any political subdivision or municipality thereof, provided that, for the purposes of this chapter, any deputy sheriff employed as such by a sheriff of this state shall be deemed to be employed by the county in which such sheriff serves; (B) Any warden or guard of state or county correctional institutions and any warden or guard of municipal

Page 1480

correctional institutions of a municipality having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census, who is required by the terms of his employment as such warden or guard to give his full time to his job as such warden or guard; and any warden or guard of a municipal correctional institution who on or before October 1, 1962, pays dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members during such periods are entitled; (C) All employees of the Peace Officers' Annuity and Benefit Fund who are required by the terms of their employment to devote their full time to such job; and any such full-time employee who on or before October 1, 1962, paid dues for prior service shall be deemed to have been a member for such periods and shall be entitled to all the rights and benefits to which other members are entitled; (D) Any parole officers who are required by the terms of their employment to devote full time to their job; (E) Any law enforcement employee of the Alcohol and Tobacco Tax Unit of the Department of Revenue who is required by the terms of his employment to devote his full time to his job as a law enforcer, and any supervisor of such employees who, himself, is assigned to the Alcohol and Tobacco Tax Unit and who is required by the terms of his employment to have arrest powers and to enforce the alcohol and tobacco tax laws; (F) Any person employed by the Department of Transportation who is designated by the commissioner of transportation as an enforcement officer pursuant to Code Section 32-6-29, provided that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after April 5, 1978; (G) Any full-time identification technician or identification supervisor employed by this state, or any subdivision

Page 1481

or municipality thereof, whose duties include the investigation and detection of crime or whose duties are supervisory over those identification technicians whose duties include the investigation and detection of crime in this state, and who has been considered a member of the Peace Officers' Annuity and Benefit Fund, and paid dues thereto, at any time on or before July 1, 1981; and such identification technicians and identification supervisors shall be deemed to have been members for such prior period of service that dues were paid and shall be entitled to all rights and benefits to which other members are entitled; and (H) Any person employed by the Public Service Commission who is designated by such commission as an enforcement officer pursuant to Code Section 46-7-28 or Code Section 46-7-70 and who is required by the terms of his employment to devote full time to his job as a law enforcer, and any supervisor of such employees who himself is assigned by the terms of his employment to have arrest powers and to enforce the public utility laws administered by the Public Service Commission; provided, however, that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after July 1, 1981. Section 2 . This Act shall become effective July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1482

EMPLOYEES' RETIREMENT SYSTEM OF GEORGIACOST-OF-LIVING INCREASE IN BENEFITS. Code Section 47-2-29 Amended. No. 1377 (House Bill No. 358). AN ACT To amend Code Section 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, so as to provide for a one-time cost-of-living increase in benefits for certain beneficiaries under said retirement system; 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 47-2-29 of the Official Code of Georgia Annotated, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, is amended by designating the present provisions of said Code section as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) (1) Effective July 1, 1988, the monthly retirement benefit of each beneficiary who was receiving a benefit on July 1, 1981, shall be increased by: (A) One dollar for each full year of creditable service, other than creditable service based on forfeited annual and sick leave and creditable service resulting from any projection of service under the provisions of this chapter, which the member had at the time of retirement; plus (B) One dollar for each full year which has elapsed from the date of retirement until July 1, 1981, provided that, if a beneficiary is receiving a monthly benefit exceeding $1,500.00 on July 1, 1988, no increase shall

Page 1483

be granted to such beneficiary under this paragraph nor shall any portion of such increase be granted to a beneficiary which would cause such beneficiary's total monthly benefit as of July 1, 1988, to exceed $1,500.00. (2) When the postretirement benefit adjustment provided by this subsection has been granted, there shall be no further postretirement benefit adjustments pursuant to the authority of this subsection. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INSURANCEGROUP OR BLANKET ACCIDENT AND SICKNESS INSURANCE; PREFERRED PROVIDER ARRANGEMENTS ACT. Code Sections 33-30-20 through 33-30-27 Enacted. No. 1378 (House Bill No. 507). AN ACT To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for and authorize preferred provider arrangements; to provide for a short title; to provide for legislative intent; to define certain terms; to provide standards for preferred provider arrangements; to require certain provisions regarding emergency care, benefit levels, and differences in benefit levels to be included in policies or subscriber certificates; to authorize health care insurers to place reasonable limits on the number or classes of preferred providers which satisfy the standards of such insurer under a health benefit plan subject to

Page 1484

the approval of the Commissioner of Insurance; to provide for the opportunity of health care providers to participate in preferred provider arrangements; to prohibit discrimination against providers; to require health care insurers to comply with certain provisions of law and rules and regulations; to provide for the promulgation of rules and regulations by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by designating Code Sections 33-30-1 through 33-30-11 as Article 1 and by adding a new Article 2 to read as follows: ARTICLE 2 33-30-20. This article shall be known and may be cited as the `Preferred Provider Arrangements Act.' 33-30-21. It is the intent of the General Assembly to encourage health care cost containment while preserving quality of care by allowing health care insures to enter into preferred provider arrangements and by establishing minimum standards for preferred provider arrangements and the health benefit plans associated with those arrangements. 33-30-22. As used in this article, the term: (1) `Emergency care' means covered services included in a preferred provider arrangement provided to a person after the sudden onset of a medical condition manifested by symptoms of such severity that the failure to provide immediately such services could reasonably be expected to result in: (A) Placing the patient's health in jeopardy; (B) Impairment to bodily functions; or (C) Dysfunction of any bodily organ or part.

Page 1485

(2) `Health benefit plan' means the health insurance policy or subscriber agreement between the covered person or the policyholder and the health care insurer which defines the covered services and benefit levels available. (3) `Health care insurer' means an insurer, a fraternal benefit society, a health care plan, a nonprofit medical service corporation, nonprofit hospital service corporation, or a health maintenance organization authorized to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called under this title. (4) `Health care provider' means any person duly licensed or legally authorized to provide health care services. (5) `Health care services' means services rendered or products sold by a health care provider within the scope of the provider's license or legal authorization. The term includes, but is not limited to, hospital, medical, surgical, dental, vision, chiropractic, psychological, and pharmaceutical services or products. (6) `Preferred provider' means a health care provider or group of providers who have contracted to provide specified covered services. (7) `Preferred provider arrangement' means a contract between or on behalf of the health care insurer and a preferred provider which complies with all the requirements of this article. 33-30-23. (a) Notwithstanding any provisions of law to the contrary, any health care insurer may enter into preferred provider arrangements as provided in this article. Such arrangements shall: (1) Establish the amount and manner of payment to the preferred provider; (2) Include fair, reasonable, and equitable mechanisms for the assignment and payment of benefits to nonpreferred providers; and

Page 1486

(3) (A) Include mechanisms which are designed to minimize the cost of the health benefit plan such as the review or control of utilization of health care services. (B) Include procedures for determining whether health care services rendered are medically necessary. (b) Such arrangements shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services; (3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 20 percentage points; (4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 30 percent of the benefit levels under the policy for such services; and (5) Have an adverse effect on the availability or the quality of services. (c) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of this Code section, health benefit plans providing incentives for covered persons to use pharmaceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceutical services rendered.

Page 1487

(d) If an entity enters into a contract providing covered services with a health care provider, but is not engaged in activities which would require it to be licensed as a health care insurer, such entity shall file with the Commissioner information describing its activities and a description of the contract or agreement it has entered into with the health care providers. Employers who enter into contracts with health care providers for the exclusive benefit of their employees and dependents are exempt from this requirement. 33-30-24. Health care insurers may issue health benefit plans which provide for incentives for covered persons to use the health care services of preferred providers. Such policies or subscriber certificates shall contain at least the following provisions: (1) A provision that if a covered person receives emergency care for services specified in the preferred provider arrangement and cannot reasonably reach a preferred provider, that emergency care rendered during the course of the emergency will be paid for in accordance with the terms of the health benefit plan, at benefit levels at least equal to those applicable to treatment by preferred providers for emergency care in an amount based on the usual, customary, and reasonable charges in the area where the treatment is provided; and (2) A provision which clearly identifies the differences in benefit levels for health care services of preferred providers and benefit levels for health care services of nonpreferred providers. 33-30-25. Subject to the approval of the Commissioner under such procedures as he may develop, health care insurers may place reasonable limits on the number or classes of preferred providers which satisfy the standards set forth by the health care insurer, provided that there be no discrimination against providers on the basis of religion, race, color, national origin, age, sex, or marital or corporate status, and provided, further, that all health care providers within any defined service area who are licensed and qualified to render the services covered by the preferred provider arrangement and who satisfy the standards set forth by the health care

Page 1488

insurer shall be given the opportunity to apply and to become a preferred provider. 33-30-26. Health care insurers as defined in this article shall be subject to and shall be required to comply with all other applicable provisions of this title and rules and regulations promulgated pursuant to this title. 33-30-27. The Commissioner shall promulgate all rules and regulations necessary or appropriate to the administration and enforecement of this article. Section 2 . This Act shall apply to any health benefit plan issued, delivered, issued for delivery, or renewed on or after January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. MOTOR VEHICLE INSURANCECERTIFICATES OF SELF-INSURANCE; CLAIMS PRACTICES; DUTIES OF COMMISSIONER OF INSURANCE. Code Section 40-9-101 Amended. No. 1379 (House Bill No. 1030). AN ACT To amend Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and spot insurance, so as to authorize the Commissioner of Insurance to approve, issue, and cancel certificates of self-insurance for motor vehicle insurance purposes; to authorize the Commissioner to make certain determinations regarding claims practices of self-insurers;

Page 1489

to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 5 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to assigned risk plans of motor vehicle liability insurance, self-insurers, and spot insurance, is amended by striking Code Section 40-9-101, relating to self-insurers, and inserting in lieu thereof a new Code Section 40-9-101 to read as follows: 40-9-101. (a) (1) Except as otherwise provided in paragraph (2) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his discretion, upon the application of such person, issue such a certificate when he is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. (2) Any person who operates one or more vehicles for hire which transport passengers and in whose name a certificate of title has been issued pursuant to Chapter 3 of this title on one or more such vehicles may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner of Insurance. The Commissioner of Insurance may, in his discretion, upon the application of such person, issue such a certificate when he is satisfied that such person has and will continue to have the ability to provide coverages, benefits, and claims handling procedures substantially equivalent to those afforded by a policy of vehicle insurance in compliance with Chapter 34 of Title 33. (b) Upon a determination that any self-insurer has failed to pay on any valid claim within 30 days of its submission or has failed to satisfy any judgment within 30 days

Page 1490

after such judgment shall become final, the Commissioner of Insurance shall revoke such insurer's certificate. The Commissioner of Insurance may on reasonable grounds cancel a certificate of self-insurance and is authorized to promulgate rules and regulations prescribing such grounds for the cancellation of such certificates. Section 2 . This Act shall become effective April 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP; GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY. Code Section 47-2-318 Enacted. No. 1380 (House Bill No. 1046). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the Georgia Environmental Facilities Authority shall become members of the said retirement system; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees

Page 1491

of certain state authorities, commissions, etc., being members of the Employees' Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-2-318 to read as follows: 47-2-318. (a) As used in this Code section, the term: (1) `Georgia Environmental Facilities Authority' or `authority' means the Georgia Environmental Facilities Authority established by Chapter 23 of Title 50, known as the `Georgia Environmental Facilities Authority Act.' (2) `Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (5) of subsection (b) of Code Section 50-23-5. (3) `Proof of prior employment' means pay records, income tax withholding records, or other records of the authority or its predecessor agency which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (4) `Predecessor agency' means the Georgia Development Authority provided for by Chapter 10 of Title 50. (b) Effective July 1, 1988, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system. (c) (1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1988, who, prior to becoming such an officer or employee or an officer or employee of the predecessor agency, had 11 or more years of creditable service under the retirement system for which contributions to the retirement system have not been withdrawn. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under

Page 1492

this retirement system for prior employment as an officer or employee of the authority or its predecessor agency, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions, plus accrued regular interest thereon, which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions, plus accrued regular interest thereon, which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so determined shall be the creditable service to which the member is entitled. (3) The authority shall be authorized to supplement, if necessary, the payments made to the board of trustees under paragraph (2) of this subsection in an amount, as determined by the board of trustees, which will fully fund as creditable service the total amount of prior employment of the officer or employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the authority, the officer or employee shall receive full creditable service under the retirement system for all prior employment as an officer or employee of the authority. (4) An officer or employee of the authority who is subject to the provisions of this subsection shall have the same membership status under the retirement system which the person had during the person's previous service as a member of the retirement system. Nothing in this subsection shall be construed to limit the right of an officer or employee of the authority who is subject to the provisions of this subsection to retain or reestablish

Page 1493

creditable service for previous service as a member of the retirement system. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1988, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1988, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the Georgia Environmental Facilities Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1494

TRUST COMPANIESFIDUCIARY FUNDS AWAITING INVESTMENT OR DISTRIBUTION; FIDUCIARY OBLIGATIONS; FEES; DISCLOSURES. Code Section 7-1-311 Amended. Code Section 7-1-315 Enacted. No. 1381 (House Bill No. 1162). AN ACT To amend Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, so as to change the requirements relating to fiduciary funds awaiting investment or distribution; to codify the circumstances under which a trust company will be considered to have satisfied its fiduciary obligations with respect to the investment or deposit of fiduciary funds awaiting investment or distribution, the charging of fees in connection therewith, and the disclosure of policies, procedures, and fees in connection therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to powers of trust companies, is amended by striking in its entirety the introductory language of Code Section 7-1-311, relating to trust company operations as a fiduciary, and inserting in its place new introductory language to read as follows: Except as otherwise permitted by Code Section 7-1-315, a trust company in its capacity as fiduciary shall:. Section 2 . Said part is further amended by adding at the end thereof a new Code section, to be designated Code Section 7-1-315, to read as follows: 7-1-315. (a) A trust company complying with this Code section will be deemed to have satisfied its fiduciary obligations and duties with respect to: (1) The investment of fiduciary funds awaiting investment or distribution;

Page 1495

(2) The charging of fees in connection therewith; and (3) The disclosure of policies, procedures, and fees in connection therewith. (b) A trust company may invest fiduciary funds awaiting investment or distribution in short-term, trust-quality investment vehicles, through the medium of a collective investment fund or otherwise. A trust company may also place fiduciary funds awaiting investment or distribution in deposits of the commercial department of such trust company, in the case of a trust company which is also a bank, or in deposits of an affiliate bank; provided, however, that the rate of interest paid on such deposits shall be at least equal to the rate paid by such department or affiliate bank on deposits of similar terms and amounts. A fiduciary shall have complied with this Code section if cash awaiting investment or distribution in excess of $1,000.00 is invested or deposited within 30 days of receipt or accumulation thereof. The provisions of this subsection shall apply notwithstanding any other law or rule restricting or limiting the investments of fiduciaries. (c) In addition to any other compensation to which it may be entitled, a trust company may, without necessity of obtaining the approval of any person or court, charge a reasonable fee for the temporary investment of fiduciary funds awaiting investment or distribution, which fee may be calculated upon the amount of such funds actually invested and upon the income produced thereby. (d) A trust company shall have complied with its duty to disclose fees and practices in connection with the investment of fiduciary funds awaiting investment or distribution if the trust company's periodic statements set forth the trust company's practice and method of computing fees. (e) This Code section shall be construed as a codification of existing law concerning the fiduciary duties of trust companies and not as a change in such law. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1496

EDUCATIONTEACHERS' UNUSED SICK LEAVE; ACCUMULATION AND PAYMENTS; FUNDING. Code Sections 20-2-182 and 20-2-850 Amended. Code Section 20-2-853 Enacted. No. 1382 (House Bill No. 1240). AN ACT To amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the Quality Basic Education Act, so as to provide that program weights shall reflect sufficient funds to make payments to teachers for unused sick leave; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, so as to provide for certain payments to teachers for unused sick leave; to provide for definitions; to provide for the accumulation of certain additional sick leave for the purpose of certain payments; 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 20-2-182 of the Official Code of Georgia Annotated, relating to program weights for funding under the Quality Basic Education Act, is amended by striking subsection (f) in its entirety and substituting in lieu thereof a new subsection (f) to read as follows: (f) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by

Page 1497

the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia. Section 2 . Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick and other leave for teachers and other personnel, is amended by striking Code Section 20-2-850, relating to the accumulation of sick leave for teachers and other personnel, 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 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, except for additional days which may be accumulated for the purposes provided for in Code Section 20-2-853. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness 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

Page 1498

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 forefeited 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. (c) The sick leave and the accumulation of unused sick leave and the payments for 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 and payments for 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. Section 3 . Said Part 4 of Article 17 of Chapter 2 of Title 20 is further amended by adding at the end thereof a new Code Section 20-2-853 to read as follows: 20-2-853. (a) As used in this Code section, the term `retirement' means retirement pursuant to the provisions of the Teachers Retirement System of Georgia provided for by Chapter 3 of Title 47 or retirement pursuant to a local retirement system or fund. (b) Personnel who have accumulated 45 days of unused sick leave may accumulate additional days of unused sick leave during each school year for the purpose of receiving

Page 1499

the payments provided for in subsection (c) of this Code section. (c) Beginning with the 1988-89 school year and continuing each school year thereafter, personnel who have accumulated 45 days of unused sick leave and who then accumulate additional days of unused sick leave during a school year as authorized by subsection (b) of this Code section and who: (1) Have used no sick leave in that school year shall receive the state contribution for all those additional days of unused sick leave; or (2) Have used only one day of those additional days of sick leave in that school year shall receive $50.00 for all those additional days of unused sick leave. The payment for such additional unused sick leave which is accumulated during a school year shall be paid to such personnel at the end of that school year. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. MOTOR VEHICLES AND TRAFFICDUTY TO STOP AT THE SCENE OF AN ACCIDENT; PENALTIES; STATE OFFENSE. Code Sections 40-6-270 and 40-6-376 Amended. No. 1383 (House Bill No. 1263). AN ACT To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change

Page 1500

provisions relating to the duty of a driver to stop at or return to the scene of certain accidents; to provide for duties, responsibilities, and requirements of drivers; to provide for criminal penalties; to provide for payment of fines in installments; to change the provisions relating to offenses which must be charged as a state violation; 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 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, which reads as follows: 40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary. (b) (1) Any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject

Page 1501

to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (c) If the payment of the fine required under subsection (b) of this Code section will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. (d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section., and inserting in its place a new Code Section 40-6-270 to read as follows: 40-6-270. (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene

Page 1502

of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall in every event remain at the scene of the accident until fulfilling the requirements of Code Section 40-6-271. Every such stop shall be made without obstructing traffic more than is necessary. (b) If such accident is the proximate cause of death or a serious injury as defined in Code Section 33-34-2, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (c) (1) If such accident is the proximate cause of an injury other than a serious injury as defined in Code Section 33-34-2, or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and: (A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; (B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions

Page 1503

were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation or imprisoned for up to one year, or both; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. (3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section. Section 2 . Said chapter is further amended by striking subsection (a) of Code Section 40-6-376, relating to prosecution of provisions of the uniform rules of the road as local ordinances, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) Any offense, except a violation of Code Section 40-6-270 or Code Section 40-6-393, which is a violation of a provision of this chapter and of a local ordinance may, at the discretion of the local law enforcement officer or prosecutor, be charged as a violation of the state statute or of the local ordinance. A violation of Code Section 40-6-270 or Code Section 40-6-393 shall be charged as a state violation. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1504

PROFESSIONS AND BUSINESSESUSED CAR DEALERS' REGISTRATION. Code Title 43, Chapter 47 Amended. No. 1384 (House Bill No. 1304). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, so as to change the definition of a used car dealer; to change the composition of the State Board of Registration of Used Car Dealers; to provide for licensure of certain persons operating as used motor vehicle dealers; to provide for Georgia Crime Information Center records checks on applicants for new licenses; to increase the amount of the bond to be posted by licensees; to provide for temporary licenses; to authorize suspension or revocation of licenses under certain conditions; to provide for additional inspectors; to provide for the continuation of the board and for the later termination of the board; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Car Dealers' Registration Act, is amended by striking paragraph (6) of Code Section 43-47-2, relating to the definition of a used car dealer, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) (A) `Used motor vehicle dealer' or `used car dealer' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. Any independent motor vehicle leasing agency or any franchised motor vehicle dealer who maintains a

Page 1505

leasing division who sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to franchised or independent motor vehicle dealers or to individual consumers shall be deemed to be used motor vehicle dealers or used car dealers for the purposes of this chapter. The sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used motor vehicles. (i) `Retail used motor vehicle dealer' or `retail used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles to consumers and other licensed dealers. (ii) `Wholesale used motor vehicle dealer' or `wholesale used car dealer' means any used motor vehicle dealer who is engaged in the business of selling used motor vehicles solely to other licensed dealers. (B) `Used motor vehicle dealer' or `used car dealer' does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer; provided, however, that franchised motor vehicle dealers who sell, offer for sale, exchange, or rent with an option to purchase used motor vehicles shall be deemed `used motor vehicle dealers' or `used car dealers' for the purposes of this chapter and any operations of such dealers which involve transactions involving used motor vehicles shall be subject to regulation under this chapter. (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties;

Page 1506

(iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Proof of good faith, as provided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Finance companies, banking institutions, and subsidiaries of a finance company or banking institution when the company, institution, or subsidiary sells its repossessed or leased motor vehicles. A subsidiary, for purposes of this division, is a subsidiary which engages solely in financing or leasing of motor vehicles; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; (vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; or (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (6)(B)(i) through (vii) of this subparagraph, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which has not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter. Section 2 . Said chapter is further amended by striking Code Section 43-47-3, relating to the creation, composition, and terms of the State Board of Registration of Used Car Dealers, which reads as follows: 43-47-3. (a) There is created a State Board of Registration of Used Car Dealers, which shall be composed of ten members appointed by the Governor, one from each congressional district, with the approval of the Secretary of State, for terms of five years. These terms are to be staggered so

Page 1507

that two new members of the board will be appointed each year. (b) All members shall be residents of this state. A majority of such members shall be used car dealers and four members shall not be used car dealers. Any vacancies on the board shall be filled by appointment by the Governor, with the approval of the Secretary of State, for the remainder of the unexpired term. One of the members of the board shall be elected chairman annually for a term of one year., in its entirety, and inserting in lieu thereof a new Code Section 43-47-3 to read as follows: 43-47-3. (a) There is created a State Board of Registration of Used Car Dealers. The board shall be comprised of 12 members: (1) Four members who shall be franchised motor vehicle dealers having used car operations; provided, however, that one of such members shall be a representative of the motor vehicle leasing industry; provided, further, that such member shall be either a franchised motor vehicle dealer having a leasing operation or an independent leasing agency; (2) Two members who shall be independent used car dealers; (3) Four members who shall be appointed from the public at large and who shall have no connection whatsoever with the sale of used cars; (4) The director of the Motor Vehicle Division of the Department of Revenue, or his designated agent, as a permanent ex officio member who shall be authorized to vote on all matters before the board; and (5) The director of the Governor's Office of Consumer Affairs, or his designated agent, as a permanent ex officio member who shall be authorized to vote on all matters before the board. (b) The terms of the current members of the board shall expire on June 30, 1988. The members of the board referred

Page 1508

to in paragraphs (1), (2), and (3) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1988. The initial terms of the ten appointed members shall expire as follows: two on June 30, 1990; two on June 30, 1991; two on June 30, 1992; two on June 30, 1993; and two on June 30, 1994. Successors to these terms shall be appointed for terms of five years. All members shall be residents of this state. No more than one of the ten appointed members shall be appointed from each congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairman for a term of one year. Section 3 . Said chapter is further amended by striking Code Section 43-47-7, relating to registration and licensure of persons operating as used car dealers, in its entirety and inserting in lieu thereof a new Code Section 43-47-7 to read as follows: 43-47-7. (a) Except as provided in subsection (b) of this Code section, it shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first registering and obtaining a license from the board as provided in this chapter. (b) Any franchised motor vehicle dealer, independent motor vehicle licensing agency, or motor vehicle auction company doing business in this state on July 1, 1988, which is required to register and obtain a license under this chapter, may continue to sell or offer for sale used motor vehicles as a part of such business pending licensure by the board, provided that such persons shall comply with all requirements for registration and shall obtain a license to operate as a used motor vehicle dealer on or before January 1, 1989. (c) It shall be unlawful for any used car dealer willfully to fail to keep the records required to be kept by this chapter. Section 4 . Said chapter is further amended by striking Code Section 43-47-8, relating to licensing of used car dealers,

Page 1509

in its entirety and inserting in lieu thereof a new Code Section 43-47-8 to read as follows: 43-47-8. (a) Applications for a license as a used car dealer shall be made to the board, shall contain the information required by this chapter, and shall be accompanied by the fee prescribed by the board. Each applicant for a new license shall submit to the board such information as may be required by the Georgia Crime Information Center, including classifiable sets of fingerprints, an affidavit by the applicant disclosing the date and nature of any conviction for the violation of any crime involving violence or moral turpitude, and such fee as may be set by the Georgia Crime Information Center for a records check comparison by the Georgia Crime Information Center. Application for a license under this chapter shall constitute consent for performance of a records check comparison. The board shall contract with the Georgia Crime Information Center for the performance of a records check on all applicants for a new license. (b) The board shall not issue or renew any retail used car dealer's license unless the applicant or holder thereof shall show that he maintains an established place of business as defined in Code Section 43-47-2. (c) The board shall establish a fee for a license for each principal place of business and a fee for a supplemental license for each car lot not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a used car dealer prior to or after the issuance of any such license. (d) All licenses issued under this chapter shall be renewable biennially. The board shall establish continuing education requirements for license renewals. (e) Each application for a new license shall show that within the preceding year the applicant has attended a training and information seminar approved by the board. Such seminar shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division

Page 1510

and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the board will promote good business practices. No such seminar shall exceed one day in length. (f) Supplemental licenses shall be issued for each place of business operated or proposed to be operated by the licensee that is not contiguous to other premises for which a license is issued. (g) Each application for a license shall also show that the used car dealer has obtained, or has applied for, a certificate of registration, Department of Revenue Form ST-2, commonly known as a sales tax number certificate. The board shall not renew any license unless the applicant or holder thereof shall show that he maintains a certificate of registration, Department of Revenue Form ST-2, under the laws of this state providing for issuance of such certificates. (h) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state and shall be payable to the Governor for the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all loss, damages, and expenses that may be sustained by such purchaser, his vendees, or successors in title that may be occasioned by reason of any fraudulent misrepresentation or by reason of any breach of warranty as to such used vehicle. (i) The bond shall be in the amount of $20,000.00 and shall be filed, immediately upon the granting of the license, 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 for the joint-secretary's approval prior to the granting of a license. (j) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this Code section unless the board is informed in writing by a certified letter at least 30 days prior to the proposed cancellation.

Page 1511

(k) If the surety or licensee cancels the bond and the licensee fails to submit, within ten days of the effective date of the cancellation, a new bond, the board may revoke his license. (l) Each application for a license shall show that the dealer maintains an automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in its discretion, permit self-insurance in lieu of a bond or bond of insurance if it decides that the financial ability of the dealer warrants such privilege or if it is satisfied that an applicant or licensee is possessed and will continue to be possessed of the ability to pay judgments obtained or claims against the applicant or licensee. The board may issue to the applicant, licensee, or dealer a certificate of self-insurance. The board may cancel such self-insurance upon reasonable grounds, such as failure to pay within 30 days after judgment has become final any judgment rendered against the applicant in which it is determined that the applicant is liable for damages under this chapter. (m) Each application for a new license shall be acted on by the board at its next regular meeting. The board may, in its discretion, issue a temporary license pending receipt of the records check required in subsection (a) of this Code section upon submission of all information required under this Code section. The temporary license shall be valid from the date of issuance until the issuance of a permanent license or until denial of licensure by the board. Section 5 . Said chapter is further amended by striking Code Section 43-47-10, relating to the investigation of used car dealers by the board and the suspension or revocation of a dealer's license, in its entirety and inserting in lieu thereof a new Code Section 43-47-10 to read as follows: 43-47-10. (a) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any used car dealer or anyone who shall assume to act in such capacity; and the board

Page 1512

shall have power, in addition to the other powers authorized by this chapter, to suspend for a specified time, to be determined in its discretion, or revoke any license issued by virtue of this chapter, where: (1) The used car dealer is found by a majority of the members of the board to have committed any one or more of the following: (A) Material misstatement in an application for a license; (B) Willful and intentional failure to comply with any provisions of this chapter or any lawful rule or regulation issued by the board under this chapter; (C) Making any substantial misrepresentation; (D) Making any false promises of a character likely to influence, persuade, or induce; (E) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salesmen, advertising, or otherwise; (F) Failure to account for or to remit any moneys coming into his possession which belong to others; (G) Paying a commission to or sharing or participating in a commission, sale, or other transaction to or with any person operating in any county under the jurisdiction of the board not licensed under this chapter; (H) Having demonstrated unworthiness or incompetency to act as a used car dealer in such manner as to safeguard the interest of the public; (I) Fraud or fraudulent practice or untrustworthiness or incompetency to act as a used car dealer, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required by law or knowingly selling or offering for sale any

Page 1513

used car on which the odometer has been tampered with to reflect lower than the actual mileage the car has been driven; (J) The intentional use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements as provided for in this chapter; (K) The commission of any crime involving violence or moral turpitude; the conviction of, plea of guilty to, or plea of nolo contendere to a crime involving violence or moral turpitude shall be conclusive evidence of the commission of such crime. A fine or sentence based on a conviction of, a plea of guilty to, or plea of nolo contendere to a charge or indictment by either the federal or state governments for tax evasion or failure to pay taxes shall be considered a crime involving moral turpitude; (L) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's excellence or abilities; (M) The performance of any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (N) The use of any false or fraudulent statement in any document in connection with the business as a used car dealer; (O) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this chapter, including but not limited to (i) the failure to maintain the certificate of registration required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter; or (P) Any other conduct, whether of the same or a different character than heretofore specified, which constitutes dishonest dealing; or

Page 1514

(2) A majority of the members of the board find that the licensed used car dealer failed to establish, maintain, or monitor procedural safeguards to ensure that the following activities do not occur at the dealership, regardless of whether the dealer had actual knowledge of any such activity or activities or regardless of whether there was an intent on the part of any person to engage in any such activity or activities: (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975'; (B) Any of those activities described in paragraphs (1) through (5) of Code Section 40-3-90; or (C) Failure to obtain a certificate of title for a purchaser. (b) Two full-time inspectors shall be assigned by the joint-secretary for the exclusive use by the board. Section 6 . Said chapter is further amended by striking Code Section 43-47-16, relating to termination of the board, in its entirety and inserting in lieu thereof a new Code Section 43-47-16 to read as follows: 43-47-16. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration of Used Car Dealers shall be terminated on July 1, 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 7 . Section 2 and Section 5 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective July 1, 1988; except that the provision requiring the joint-secretary to assign two full-time inspectors to the exclusive use of the State Board of Registration of Used Car Dealers shall become effective only upon the appropriation of funds.

Page 1515

Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. HEALTHKIDNEY DIALYZERS; REUSE; TASK FORCE ON KIDNEY DIALYSIS CENTERS. Code Sections 31-16-7 and 31-16-8 Enacted. No. 1385 (House Bill No. 1348). AN ACT To amend Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, so as to provide for the refusal to reuse kidney dialyzers; to prohibit the reuse of such dialyzers under certain circumstances and prohibit discrimination for refusal to reuse such dialyzers; to provide for sanctions relating thereto; to authorize and direct the Office of Regulatory Services of the Department of Human Resources to create a task force on kidney dialysis centers; to provide for the duties of the task force; to provide for reimbursement of expenses incurred by members; to provide for termination of the task force; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 16 of Title 31 of the Official Code of Georgia Annotated, relating to care and treatment of chronic renal disease patients, is amended by adding at the end a new Code section to read as follows: 31-16-7. (a) The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis

Page 1516

clinic or provider of kidney dialysis services which is certificated by the State Health Planning Agency may interfere with the exercise of that discretion by: (1) Requiring the reuse of such dialyzer over the objection of that physician and patient; or (2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dialyzer and that refusal is based on the patient's informed consent. (b) A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without that compliance. Section 2 . Said chapter is further amended by adding at the end thereof a new Code Section 31-16-8 to read as follows: 31-16-8. (a) The Office of Regulatory Services of the Department of Human Resources is authorized and directed to create a task force on kidney dialysis centers to be composed of citizens of this state with at least one member of such task force to be from each congressional district, at least two members of the task force to be members of the Senate who are appointed to the task force by the President of the Senate, and at least two members of the task force to be members of the House of Representatives who are appointed to the task force by the Speaker of the House of Representatives. The President of the Senate shall appoint one of the Senate members of the task force to call the first meeting of that task force. At the first meeting, the task force shall elect a chairman and vice chairman from among its members, and thereafter the task force shall meet at the call of the chairman. (b) The task force shall undertake a study of the conditions, needs, issues, and problems involving kidney dialysis centers and recommend rules, regulations, any action, or

Page 1517

legislation which the task force deems necessary or appropriate. The task force may conduct such meetings at such places within the state and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. Legislative members and citizens members, if any, shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the task force. Members of the task force who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the task force, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the task force. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this Code section shall come from the funds appropriated to or otherwise available to the legislative branch of government. The task force shall not meet for more than ten days. The task force shall make a report of its findings and recommendations, with suggestions for proposed regulation, if any, to the Office of Regulatory Services and the General Assembly on or before December 31, 1988. The task force shall stand abolished and this Code section shall stand repealed on December 31, 1988. Section 3 . Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1518

PROFESSIONS AND BUSINESSESOCCUPATIONAL THERAPY; LICENSES; STATE BOARD OF OCCUPATIONAL THERAPY; CONTINUATION. Code Sections 43-28-8 and 43-28-17 Amended. No. 1386 (House Bill No. 1377). AN ACT To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be licensed under that chapter; to continue the State Board of Occupational Therapy 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 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by striking Code Section 43-28-8, relating to license requirements for persons engaged in occupational therapy, and inserting in its place a new Code section to read as follows: 43-28-8. No person shall: (1) Practice occupational therapy; and (2) Hold himself out as an occupational therapist or an occupational therapy assistant or as being able to render occupational therapy services in this state unless that person is licensed in accordance with this chapter. Section 2 . Said chapter is further amended by striking Code Section 43-28-17, providing for the termination of the State Board of Occupational Therapy, and inserting in its place a new Code section to read as follows: 43-28-17. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment,

Page 1519

or Termination of Regulatory Agencies,' the State Board of Occupational Therapy shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INSURANCELICENSES AND FEES; AGENTS, SOLICITORS, BROKERS, COUNSELORS, ADJUSTERS, AND SURPLUS LINE BROKERS; VARIABLE ANNUITY OR LIFE INSURANCE CONTRACTS; BIENNIAL RENEWAL; REVOCATION; CITIZENSHIP. Code Title 33, Chapters 5, 8, 15, and 23 Amended. No. 1387 (House Bill No. 1490). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, so as to provide an expiration date for licenses of surplus line brokers; to provide for annual fees of agents, solicitors, brokers, counselors, and adjusters; to provide fees for agent status or clearance letters; to provide annual license fees for the sale of variable annuity contracts or variable life insurance contracts; to provide that persons may not reapply for certain licenses until two years following a revocation; to provide for the biennial renewal of certain licenses; to provide for implementation of the issuance of biennial renewal licenses; to delete United States citizenry as a requirement for certain licenses; to repeal conflicting laws; and for other purposes.

Page 1520

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by striking in its entirety paragraph (3) of Code Section 33-5-22, relating to the licensing of surplus line brokers generally, and inserting in its place a new paragraph (3) to read as follows: (3) Each license shall be issued for a term expiring on December 31 next following the date of issuance and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section;. Section 2 . Said title is further amended by striking in their entirety paragraphs (3) and (4) of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, and inserting in their place new paragraphs (3) and (4) to read as follows: (3) Annual license fees for the following: property, casualty, surety, life, and accident and sickness agents for any one class or combination of all classes 20.00 (4) Annual license fees for the following: solicitors, brokers, counselors, and adjusters 20.00 Section 3 . Said title is further amended by adding at the end of Code Section 33-8-1, relating to fees and charges of the office of the Commissioner of Insurance generally, three new paragraphs, to be designated paragraphs (12), (13), and (14), to read as follows: (12) Agent status or clearance letter, each 3.00 (13) Annual license fees for sales of variable annuity contracts 20.00 (14) Annual license fees for sales of variable life insurance contracts 20.00 Section 4 . Said title is further amended by striking in its entirety Code Section 33-15-24, relating to licenses for agents of fraternal benefit societies, and inserting in its place a new Code Section 33-15-24 to read as follows: 33-15-24. (a) As used in this Code section, the term `insurance agent' means any authorized or acknowledged agent of a society who acts as such in the solicitation, negotiation, procurement, or making of a life insurance, accident and sickness insurance, or annuity contract, except that the term shall not include: (1) Any regular salaried officer or employee of a licensed society who devotes substantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of the contracts no commission or other compensation directly dependent upon the amount of business obtained; or (2) Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of $50,000.00 or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than 25 individuals and who has received or will receive a commission or other compensation for the solicitation and procurement shall be presumed to be devoting, or intending to devote, 50 percent of his time to the solicitation or procurement of insurance contracts for the society. (b) Agents of societies shall be licensed in accordance with this Code section. (c) Any person who in this state acts as insurance agent for a society without having authority so to do by virtue of a license issued and in force pursuant to this Code section

Page 1522

shall, except as provided in paragraphs (1) and (2) of subsection (a) of this Code section, be guilty of a misdemeanor. (d) No society doing business in this state shall pay any commission or other compensation to any person for any services in obtaining in this state any new contract of life insurance, accident or sickness insurance, or any new annuity contract, except to a licensed insurance agent of such society or to an agent exempted under paragraph (2) of subsection (a) of this Code section. (e) The Commissioner may issue a license to any person who has paid an annual license fee of $20.00 and who has complied with the requirements of this Code section authorizing the licensee to act as an insurance agent on behalf of any society named in the license which is authorized to do business in this state. (f) Before any insurance agent's license shall be issued, there shall be on file in the office of the Commissioner the following documents: (1) A written application by the prospective licensee in such form or forms and supplements thereto and containing such information as the Commissioner may prescribe; and (2) A certificate by the society which is to be named in the license stating that the society has satisfied itself that the named applicant is trustworthy and competent to act as an insurance agent and that the society will appoint the applicant to act as its agent if the license applied for is issued by the Commissioner. The certificates shall be executed and acknowledged by an officer or managing agent of the society. (g) No written or other examination shall be required of any individual seeking to be named as a licensee to represent a fraternal benefit society as its agent. (h) The Commissioner may refuse to issue or renew any insurance agent's license if in his judgment the proposed licensee is not trustworthy and competent to act as such

Page 1523

agent, or has given cause for revocation or suspension of such license, or has failed to comply with any prerequisite for the issuance or renewal, as the case may be, of the license. (i) Every original license issued pursuant to this Code section shall expire at midnight on the last day of December following the date of issue. A renewal of a license may be issued biennially, to expire at midnight on December 31 of the year of expiration. (j) If the application for a renewal license shall have been filed with the Commissioner on or before December 31 of the year in which the existing license is to expire, the applicant named in the existing license may continue to act as insurance agent under the existing license, unless the license shall be revoked or suspended, until the issuance by the Commissioner of the renewal license or until the expiration of five days after he shall have refused to renew such license and shall have served written notice of the refusal on the applicant. If the applicant shall, within 30 days after the notice is given, notify the Commissioner in writing of his request for a hearing on that refusal, the Commissioner shall within a reasonable time after receipt of the notice grant the hearing, and he may in his discretion reinstate the license. (k) Any renewal license of an insurance agent may be issued upon the application of the society named in the existing license. The application shall be in the form or forms prescribed by the Commissioner and shall contain such information as he may require. The application shall contain a certificate executed by the president, a vice-president, a secretary or assistant secretary, a corresponding officer, by whatever name known, or an employee expressly designated and authorized to execute the certificate of a domestic or foreign society or by the United States manager of an alien society, stating that the addresses in the application given of the agents of the society for whom renewal licenses are requested in the application have been verified in each instance immediately preceding the preparation of the application. Notwithstanding the filing of the application, the Commissioner may after reasonable notice to the society require that any or all agents of the society to be named as licensees in renewal

Page 1524

licenses shall execute and file separate applications for the renewal of the licenses, as specified in this Code section, and he may also require that each application shall be accompanied by the certificate specified in paragraph (2) of subsection (f) of this Code section. (l) Every society doing business in this state shall upon the termination of the appointment of any insurance agent licensed to represent it in this state immediately file with the Commissioner a statement, in such form as he may prescribe, of the facts relative to termination and the cause of termination. Every statement made pursuant to this Code section shall be deemed a privileged communication. (m) The Commissioner may revoke, or may suspend for such period as he may determine, any insurance agent's license if, after notice and hearing as specified in this Code section, he determines that the licensee has: (1) Violated any provision of, or any obligation imposed by, this Code section or has violated any law in the course of his dealings as agent; (2) Made a material misstatement in the application for that license; (3) Been guilty of fraudulent or dishonest practices; (4) Demonstrated his incompetence or untrustworthiness to act as an insurance agent; or (5) Been guilty of rebating as defined by the laws of this state applicable to life insurance companies. (n) The revocation or suspension of any insurance agent's license shall terminate immediately the license of the agent. No individual whose license has been revoked shall be entitled to obtain any insurance agent's license under this Code section for a period of two years after the revocation or, if the revocation is judicially reviewed, for two years after the final determination of the court affirming the action of the Commissioner in revoking the license.

Page 1525

Section 5 . Said title is further amended by striking in its entirety Code Section 33-23-11, relating to the expiration of licenses and filing of requests for renewal by agents and counselors for life insurance, accident and sickness insurance, and annuity contracts, and inserting in its place a new Code Section 33-23-11 to read as follows: 33-23-11. (a) In the first calendar year of issuance, a license issued to an agent shall expire at 12:00 Midnight on December 31 in such year, unless prior thereto it is revoked or suspended by the Commissioner or unless the authority of the agent to act for the insurer is terminated. (b) (1) In the absence of a contrary ruling by the Commissioner, license renewals may be issued biennially, to expire at 12:00 Midnight on December 31 of the year of expiration, upon request of the insurer without further action on the part of an agent; provided, however, that no license shall be issued to an agent or counselor unless the licensee has paid fees and taxes as provided for in Chapter 8 of this title and has successfully completed such continuing education as the Commissioner may require. (2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year. (3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements. (4) The continuing education requirements provided for in this subsection shall not apply to: (A) Those persons who are licensed by the Commissioner and who hold one or more of the limited licenses described in paragraph (2) or (3) of subsection (a) of Code Section 33-23-5; or

Page 1526

(B) Those persons who have been continuously licensed and employed principally as an insurance agent or counselor for 20 years or more. (5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (6) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempt from any additional continuing education requirements as set forth in Code Section 33-23-60. (c) In the first calendar year of issuance, a license issued to a counselor shall expire at 12:00 Midnight on December 31 in such year, unless prior thereto it is revoked or suspended by the Commissioner. In the absence of a contrary ruling by the Commissioner, license renewals shall be issued biennially, to expire at 12:00 Midnight on December 31 of the year of expiration. (d) Each request for renewal of license shall show whether the licensee devotes all or part of his efforts to acting as an agent or counselor and, if part only, how much time he devotes to such work and in what other business or businesses he is engaged or employed. (e) Upon the filing of a request for renewal of license, the current license shall continue in force until the renewal license is issued by the Commissioner or until the Commissioner has refused for cause to issue a renewal license, as provided in Code Section 33-23-13, and has given written notice of such refusal to the insurer and the agent or to the counselor. (f) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. The rules shall be promulgated so as to divide the alphabet, in relation to the first letter of the last names of persons filing applications, in such a manner

Page 1527

as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar years. (g) Prior to January 1, 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licenses into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (c) or (f) of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years 1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years. Section 6 . Said title is further amended by striking in its entirety subsection (c) of Code Section 33-23-13, relating to the grounds and procedure for the refusal of renewal, suspension, or revocation of certain licenses, and inserting in its place a new subsection (c) to read as follows: (c) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought, within two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. Section 7 . Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-43, relating to general qualifications for licenses, and inserting in its place a new paragraph (1) to read as follows: (1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within

Page 1528

and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business;. Section 8 . Said title is further amended by striking in its entirety Code Section 33-23-60, relating to the expiration and renewal of licenses for agents, brokers, solicitors, counselors, or adjusters for property, casualty, and surety insurance, and inserting in its place a new Code Section 33-23-60 to read as follows: 33-23-60. (a) At 12:00 Midnight of the last day in December in every year, each license in effect for the first calendar year of issuance shall expire unless renewed. (b) (1) Upon the filing of an application for renewal accompanied by fees as provided for in Chapter 8 of this title and upon successful completion by the applicant of such continuing education as the Commissioner may require, a renewal for two years ending at 12:00 Midnight on December 31 of the year of expiration shall be issued by the Commissioner without further examination, investigation, or inquiry. (2) Continuing education requirements imposed by the Commissioner pursuant to this subsection shall not exceed 24 classroom hours for each licensed person during the calendar year. (3) Each agent and counselor shall be entitled to an exemption of one-fourth of the number of hours of classroom instruction required pursuant to this subsection for each five years of continuous employment as an agent or counselor. No agent or counselor may exempt, pursuant to this paragraph, more than three-fourths of such requirements. (4) The continuing education requirements provided for in this subsection shall not apply to: (A) Those persons who are licensed by the Commissioner and who hold one or more of the limited

Page 1529

licenses described in subsections (a), (b), (c), and (e) of Code Section 33-23-53; or (B) Those persons who have been continuously licensed and employed principally as an insurance agent or broker for 20 years or more. (5) Every person required to participate in a continuing education program pursuant to this subsection or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (6) Any licensed agent satisfying the continuing education requirements of this subsection shall be exempted from any additional continuing education requirements as set forth in Code Section 33-23-11. (c) If the Commissioner, after conforming to procedure for a hearing as set forth in Chapter 2 of this title, makes a determination that such renewal should be refused or the license revoked or suspended, or the application discloses a disqualification, then the license shall not be renewed. (d) The Commissioner by rule may establish staggered deadlines for the filing of renewal license applications together with appropriate fees. Such rules shall be promulgated so as to divide the alphabet, according to the first letter of the last names of persons filing applications, in such a manner as he may deem appropriate to spread the workload of the processing and issuance of the licenses during the period beginning July 1 and ending December 31 in each year. Licenses so issued shall be for the immediately succeeding two calendar years. (e) Prior to January 1, 1989, the Commissioner shall implement the issuance of biennial renewal licenses by dividing existing licensees into two groups. Notwithstanding paragraph (1) of subsection (b) of this Code section or subsection (d) of this Code section, one group shall be issued annual renewal licenses for calendar year 1989. The second group shall be issued biennial renewal licenses for calendar years

Page 1530

1989 and 1990. Thereafter, all renewal licenses shall be issued for two calendar years. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. URBAN RESIDENTIAL FINANCE AUTHORITIES FOR LARGE MUNICIPALITIES (400,000 OR MORE)DEFINITIONS; MEMBERS; POWERS; AUDITS. Code Sections 36-41-3, 36-41-4, 36-41-5, and 36-41-13 Amended. No. 1388 (House Bill No. 1501). AN ACT To amend Chapter 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, so as to change certain definitions; to provide for a new definition; to change certain provisions relating to members of the boards of such authorities; to provide for applicability of certain laws; to provide for additional powers and authority; to change certain provisions relating to the selection of qualified firms to perform certain audits; 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 41 of Title 36 of the Official Code of Georgia Annotated, relating to urban residential finance authorities for large municipalities, is amended by striking paragraphs (13) and (16) of Code Section 36-41-3, relating to definitions regarding certain urban residential finance authorities, and inserting in their place new paragraphs (13) and (16), respectively, to read as follows:

Page 1531

(13) `Qualified housing sponsor' means an entity, whether organized for profit or not, meeting criteria established by the authority, 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. With respect to residential housing to be occupied substantially by students, the term `qualified housing sponsor' shall mean a nonprofit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level, and which: (A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) Provides an educational program for which it awards a bachelor's degree or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and (C) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the university system and its educational units for credit on the same basis as if transferred from an institution so accredited; provided, however, that a nonprofit educational institution which is otherwise a qualified housing sponsor as defined in this paragraph shall be deemed to be a qualified housing sponsor notwithstanding such institution's maintenance of a special early admission policy for gifted high school students. (16) `Residential housing' means any real property and improvement thereon, whether multifamily residential housing or single-family residential housing, within the geographic

Page 1532

boundaries of a large municipality activating the authority, which is owned, in whole or in part, by an eligible household or which is providing or shall provide, in whole or in part, dwelling accommodations for eligible households; provided, however, that with respect to multifamily residential housing, such multifamily residential housing shall be deemed to be occupied by eligible households if at least 20 percent of the dwelling units of such multifamily residential housing are occupied by eligible households. The term `residential housing' shall include dormitories, apartment dwellings, or other housing facilities which shall be occupied primarily by students. Section 2 . Said chapter is further amended by adding a new paragraph at the end of Code Section 36-41-3, relating to definitions regarding certain urban residential finance authorities, to be designated paragraph (20), to read as follows: (20) `Student' means any individual who possesses a certificate of admission or enrollment at an institution for higher education that is a qualified housing sponsor. Section 3 . Said chapter is further amended by striking Code Section 36-41-4, relating to the creation of urban residential finance authorities, and inserting in its place a new Code Section 36-41-4 to read as follows: 36-41-4. There is created in and for each municipality of this state, as defined in paragraph (11) of Code Section 36-41-3, a public body corporate, which shall be deemed to be an instrumentality of the state, to be known as the `urban residential finance authority' of such municipality and which shall be governed by a board of not less than seven nor more than nine members. Each member of the board shall be a resident of the large municipality activating the authority. No more than two members of the board may be appointed by the mayor of the large municipality activating the authority with the remaining members appointed by the governing body of the municipality for such term and upon such conditions as specified by resolution of the governing body. Any member of the governing body of the large municipality, the mayor or other chief executive thereof, and the chief fiscal officer thereof may serve on the board. The provisions

Page 1533

of Chapter 62A of this title relating to ethics and conflicts of interest shall apply to members of the board of each authority created under this Code section. No authority created under this Code section shall transact any business or exercise any powers under this chapter until the governing body of the large municipality activating the authority, by resolution, declares that there is need for an authority to function in such municipality. A copy of the resolution adopted by the governing body and copies of any resolution adopted by the governing body providing for filling vacancies in the membership of the board of the authority or making any changes in the membership of the board of the authority shall be filed with the Secretary of State. Appointments to fill vacancies on the board of any authority, either for an unexpired or full term as fixed in the original resolution creating the same, shall be made by the governing body of the municipality. The members of the board of each authority shall elect one of their members as chairman and another as vice-chairman and shall also elect a secretary-treasurer, who need not be a member of the board and need not be a resident of the municipality activating such authority. Each member of the board of each authority shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member is in attendance at a meeting of the authority, but shall receive the same for not more than 20 meeting days during any one fiscal year. For attendance at any conference in connection with the performance of their official duties, other than a meeting of the authority, members shall be reimbursed for actual expenses incurred and travel expenses in the same manner as provided by law for members of the General Assembly but shall receive the same for not more than ten days during any one fiscal year. However, if the secretary-treasurer is not a member of the board, then the secretary-treasurer may receive such compensation for his services as may be agreed upon by the members of the board. Each authority shall make rules and regulations for its government and may delegate to one or more of its members or its officers, agents, and employees such powers and duties as may be deemed necessary and proper. Section 4 . Said chapter is further amended by deleting and at the end of subparagraph (a)(13)(E), by adding and

Page 1534

following the semicolon at the end of subparagraph (a)(13)(F), and by adding a new subparagraph immediately following subparagraph (a)(13)(F) of Code Section 36-41-5, relating to powers of urban residential finance authorities generally, to be designated subparagraph (G), to read as follows: (G) Any and all other obligations of investment grade and having a national recognized market including, but not limited to, rate guarantee agreements, guaranteed investment contracts, or other similar arrangement offered by any firm, agency, business, governmental unit, bank, insurance company, or other entity, provided that each such obligation shall permit moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; Section 5 . Said chapter is further amended by deleting and at the end of paragraph (20) of subsection (a), by striking the period at the end of paragraph (21) of subsection (a) and inserting in its place ; and, and by adding two new paragraphs at the end of subsection (a) of Code Section 36-41-5, relating to powers of urban residential finance authorities generally, to be designated paragraphs (22) and (23), respectively, to read as follows: (22) To participate, own, lease, develop, operate, or manage residential housing or other real and personal property in cooperation, joint venture, partnership, or other contractual obligations with the federal government, state, or any county or municipality within the state, or any qualified housing sponsor; and (23) To participate in, issue on behalf of, or jointly issue any bonds, notes, or other obligations with any public housing authority, downtown development authority, or development authority within the state or the Georgia Residential Finance Authority. Section 6 . Said chapter is further amended by striking Code Section 36-41-13, relating to certain annual audits, and inserting in its place a new Code Section 36-41-13 to read as follows: 36-41-13. Each authority and each trustee acting on behalf of an authority shall submit to an annual independent

Page 1535

audit performed by a qualified firm selected by the members of such authority. Payment for this audit shall be paid from any funds held by the trustee for the authority. 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 11, 1988. INSURANCEHEALTH INSURANCE; COVERAGE FOR ADOPTED CHILDREN. Code Section 33-24-22 Amended. No. 1389 (House Bill No. 1527). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require individual and group health insurance policies to provide coverage for adopted children of the insured in the same manner as coverage is provided for newly born children of the insured; to provide for applicability; 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 striking in its entirety Code Section 33-24-22, relating to the provision in health insurance policies for coverage of newly born children, and inserting in its place a new Code Section 33-24-22 to read as follows:

Page 1536

33-24-22. (a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonprofit corporation which, under the terms of such policies, provide coverage for a family member of the insured or subscriber shall, as to the family members' coverage, also provide that the health insurance benefits applicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth. A newly born child of the insured or subscriber shall include an adopted child. The coverage for the adopted child shall be effective from the date of the final decree of adoption. (b) The coverage for newly born children or adopted children shall consist of coverage of injury or sickness, including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, but need not include benefits for routine well baby care. (c) If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy or contract may require that notification of birth of a newly born child or the date of the final adoption of a child and payment of the required premium or fees must be furnished to the insurer or nonprofit service or indemnity corporation within 31 days after the date of birth or final decree of adoption in order to have the coverage continue beyond the 31 day period. (d) This Code section shall not apply to persons adopted as adults pursuant to the provisions of Code Section 19-8-16, relating to the adoption of adult persons. (e) The requirements of this Code section shall apply to all insurance policies and subscriber contracts delivered or issued for delivery in this state on or after July 1, 1988. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1537

INSURANCEFRATERNAL BENEFIT SOCIETIES; LIFE BENEFIT CERTIFICATES; RIGHTS; TYPE; CONDITIONS; NOTICE. Code Section 33-15-11.1 Enacted. Code Section 33-15-12 Amended. No. 1390 (House Bill No. 1590). AN ACT To amend Chapter 15 of Title 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, so as to require any provision relating to the control of the exercise of rights under life benefit certificates to be set out under a separate caption and printed in boldface type; to provide that provisions changing the control of the exercise of rights under a life benefit certificate shall not become effective unless certain conditions are met; to provide procedures for notice; to provide for related matters; to provide 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 33 of the Official Code of Georgia Annotated, relating to fraternal benefit societies, is amended by adding immediately following Code Section 33-15-11 a new Code Section 33-15-11.1 to read as follows: 33-15-11.1. (a) Any life benefit certificate issued, delivered, or issued for delivery after July 1, 1988, shall comply with the provisions of this Code section. (b) Any provision of a life benefit certificate which stipulates or relates to the control of the exercise of all rights incident to the certificate shall be set out under a separate caption and shall be printed in boldface type. (c) Any provision of a life benefit certificate which changes the control of the exercise of all rights incident to the certificate from the original applicant to the named member upon such member's attainment of a certain age, which

Page 1538

is less than the age of legal majority as provided in Code Section 39-1-1, shall not become effective unless written notice has been given to the original applicant and the named member and the written consent of such parties has been obtained as provided in subsection (d) of this Code section. (d) The notice as required in subsection (b) of this Code section shall be given 180 days prior to the date the member will attain the designated age. The notice shall be delivered in person or given by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last addresses of record of the original applicant and the named member and receiving the receipt provided by the United States Postal Service or such other evidence as prescribed or accepted by the United States Postal Service. (e) In the event the written consent of the original applicant and the named member is not obtained prior to the date such member reaches the age designated in the certificate, the original applicant shall retain control of the exercise of all rights incident to the policy until the date the named member reaches the age of legal majority as defined in Code Section 39-1-1. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 33-15-12, relating to benefits on the lives of children, and inserting in lieu thereof a new subsection (d) to read as follows: (d) A society shall have power to provide for the designation and changing of designation of beneficiaries in the certificates providing for benefits on the lives of children and, except as otherwise provided in Code Section 33-15-11.1, to provide in all other respects for the regulation, government, and control of such certificates and all rights, obligations, and liabilities incident to and connected with the certificates. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1539

CORONERSFEE SYSTEM; TRAINING COURSE; EXPENSE ALLOWANCE; TRANSPORTATION. Code Section 45-16-6 Amended. No. 1391 (House Bill No. 1707). AN ACT To amend Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, so as to provide that any coroner on a fee system of compensation who takes a required training course shall receive an expense allowance and certain 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 . Code Section 45-16-6 of the Official Code of Georgia Annotated, relating to participation in a coroner's training course, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 45-16-6 to read as follows: 45-16-6. During every calendar year they are in office, every coroner and deputy coroner shall be required, as a condition of continuing to serve as coroner, to take the training course of at least 16 hours provided by the Georgia Police Academy. Any coroner or deputy coroner on a fee system of compensation taking the training course required by this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly, plus reimbursement of actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile and registration fees for such training course. Such expense allowance and reimbursements shall be paid by the county governing authority from county funds. In the event, however, that a coroner or deputy is prevented in any calendar year from taking such training by sickness or other providential cause, the requirement of

Page 1540

training for that year may be waived by the judge of the probate court. Section 2 . This Act shall become effective on January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INSURANCEINSURERS' FINANCIAL CONDITIONS; GOOD WILL. Code Section 33-10-2 Amended. No. 1392 (House Bill No. 1747). AN ACT To amend Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the financial condition of an insurer, so as to provide for the allowance of the use of good will under limitations imposed by rules of the Commissioner of Insurance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-10-2 of the Official Code of Georgia Annotated, relating to assets excluded from consideration in the determination of the financial condition of an insurer, is amended by striking in its entirety paragraph (1) and inserting in its place a new paragraph (1) to read as follows: (1) Good will, trade names, and other similar intangible assets, except that good will may be allowed as an asset

Page 1541

under such limitations as are imposed by rule of the Commissioner;. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. INSURANCELONG-TERM CARE INSURANCE ACT. Code Title 33, Chapter 41 Enacted. No. 1393 (House Bill No. 1748). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, so as to provide for the regulation of long-term care insurance policies; to provide a statement of legislative purpose; to provide for applicability; to provide a short title; to define certain terms; to provide for standards and required provisions of long-term care insurance policies; to provide for the right to return such policies under certain conditions; to provide for the adoption of rules and regulations; 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 33 of the Official Code of Georgia Annotated, known as the Georgia Insurance Code, is amended by adding immediately following Chapter 40 a new chapter, to be designated Chapter 41, to read as follows: CHAPTER 41 33-41-1. The purpose of this chapter is to promote the public interest, to promote the availability of long-term care

Page 1542

insurance policies, to protect applicants for long-term care insurance as defined from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage. 33-41-2. The requirements of this chapter shall apply to policies issued, delivered, or issued for delivery in this state on or after July 1, 1988. this chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable provisions of this title insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance. A policy which is not advertised, marketed, or offered as long-term care insurance need not meet the requirements of this chapter. 33-41-3. This chapter may be known and cited as the `Long-term Care Insurance Act.' 33-41-4. As used in this chapter; the term: (1) `Applicant' means: (A) In the case of an individual long-term care insurance policy, the person who seeks to contract for such benefits; and (B) In the case of a group long-term care insurance policy, the proposed certificate holder. (2) `Certificate' means any certificate issued under a group long-term care insurance policy, which policy has been delivered or issued for delivery in this state. (3) `Commissioner' means the Commissioner of Insurance of this state. (4) `Group long-term care insurance' means a long-term care insurance policy which is issued, delivered, or issued for delivery in this state and issued to:

Page 1543

(A) Any eligible group as defined in Code Section 33-30-1; or (B) A group other than as described in Code Section 33-30-1, subject to a finding by the Commissioner that: (i) The issuance of the group policy is not contrary to the best interest of the public; (ii) The issuance of the group policy would result in economies of acquisition or administration; and (iii) The benefits are reasonable in relation to the premiums charged. (5) `Long-term care insurance' means any accident and sickness insurance policy or rider advertised, marketed, offered, or designed primarily to provide coverage for not less than 24 consecutive benefit months or which provides coverage for recurring confinements separated by a period not to exceed six months with a minimum aggregate period of two years for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. Such term includes group and individual accident and sickness policies or riders whether issued by insurers, fraternal benefit societies, nonprofit hospital service corporations, nonprofit medical service corporations, health care plans, health maintenance organizations, or any other similar organizations. Long-term care insurance shall not include any accident and sickness insurance policy which is offered primarily to provide basic medicare supplement coverage, basic hospital expense coverage, basic medical-surgical expense coverage, hospital confinement indemnity coverage, major medical expense coverage, disability income protection coverage, catastrophic coverage, comprehensive coverage, accident only coverage, specified disease or specified accident coverage, or limited benefit health coverage.

Page 1544

(6) `Policy' means any accident and sickness policy, contract, or subscriber agreement or any rider or endorsement attached thereto, issued, delivered, issued for delivery, or renewed in this state by an insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care plan, health maintenance organization, or any other similar organization. 33-41-5. No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subparagraph (B) of paragraph (4) of Code Section 33-41-4, unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met. 33-41-6. (a) The Commissioner may adopt regulations that include standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term care insurance policies and for any applicable terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, and definition of terms. (b) No long-term care insurance policy may: (1) Be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; (2) Contain a provision establishing a new waiting period in the event existing coverage is converted to or replaced by a new policy or other form of policy within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or (3) Provide coverage for skilled nursing care only or provide coverage for other levels of care which is unreasonably

Page 1545

lower than the coverage provided for skilled nursing care in a facility. (c) (1) No long-term care insurance policy or certificate shall use a definition of `preexisting condition' which is more restrictive than the following: Preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to seek diagnosis, care, or treatment, or a condition for which medical advice or treatment was recommended by or received from a provider of health care services, within six months preceding the effective date of coverage of an insured person. (2) No long-term care insurance policy may exclude coverage for a loss or confinement which is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage of an insured person. (3) The Commissioner may extend the limitation periods set forth in paragraphs (1) and (2) of this subsection as to specific age group categories or specific policy forms upon findings that the extension is in the best interest of the public. (4) The definition of `preexisting condition' shall not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and, on the basis of the answers on that application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is discolsed on the application, need not be covered until the waiting period provided in paragraph (2) of this subsection expires. No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in paragraph (2) of this subsection. (d) No long-term care insurance policy which provides benefits only following institutionalization shall condition

Page 1546

such benefits upon admission to a facility for the same or related condition within a period of less than 30 days after discharge from the institution. (e) The Commissioner may adopt regulations establishing loss ratio standards for long-term care insurance policies, provided that a specific reference to long-term care insurance policies is contained in the regulation. (f) Individual long-term care insurance policyholders shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Individual long-term care insurance policies shall have a notice prominently printed on the first page of the policy or attached thereto stating in substance that the policyholder shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy, the policyholder is not satisfied for any reason. Long-term care insurance policies or certificates issued pursuant to a direct response solicitation shall have a notice prominently printed on the first page or attached thereto stating in substance that the insured person shall have the right to return the policy within 30 days of its delivery and to have the premium refunded if, after examination of the policy of certificate, the insured person is not satisfied for any reason. (g) An outline of coverage shall be delivered to an applicant for an individual long-term care insurance policy at the time of application for an individual policy. In the case of direct response solicitations, the insurer shall deliver the outline of coverage upon the applicant's request, but regardless of request shall make such delivery no later than at the time of policy delivery. Such outline of coverage shall comply with the applicable provisions of Code Section 33-29-13. (h) A certificate issued pursuant to a group long-term care insurance policy, which policy is issued, delivered, issued for delivery, or renewed in this state, shall include: (1) A description of the principal benefits and coverage provided in the policy;

Page 1547

(2) A statement of the principal exclusions, reductions, and limitations contained in the policy; (3) A statement that the group master policy determines governing contractual provisions; and (4) Such other provisions as the Commissioner may reasonably require. (i) No policy may be advertised, marketed, or offered as long-term care insurance unless it complies with the provisions of this chapter. 33-41-7. Regulations adopted pursuant to this chapter shall be in accordance with the provisions of Chapter 2 of this title. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. GENERAL ASSEMBLYPOPULATION BILLS; DEFINITION. Code Section 28-1-15 Amended. No. 1394 (House Bill No. 1872). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to change the definition of the term population bill for purposes of the constitutional prohibition of population bills; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1548

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 28 of the Official Code of Georgia Annotated relating to the General Assembly in general, is amended by striking Code Section 28-1-15, relating to population bills, and inserting in its place a new Code section to read as follows: 28-1-15. (a) This Code section is passed pursuant to the authority of Article III, Section VI, Paragraph IV, subparagraph (b) of the Constitution, and no population bill shall be passed and no bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal this Code section. (b) As used in subsection (c) of this Code section, `political subdivision' means any county, municipality, county school district, independent school district, judicial circuit, militia district, or any other georgraphical area of the state which does not include the entire area of the state. (c) Except as provided in this subsection, `population bill' means any bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions of the state. `Population bill' shall not include the following: (1) A bill applicable to one specified type of political subdivision and containing a combination of population classifications which includes the population of and affects all political subdivisions of the type specified, including but not limited to state-wide minimum salary bills for county officers; (2) A bill classifying political subdivisions having less than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying political subdivisions having less than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988;

Page 1549

(3) A bill classifying political subdivisions having more than a specified population and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect: (A) The legality of any bills classifying political subdivisions having more than a specified population enacted prior to July 1, 1988, or which become effective July 1, 1988; or (B) The passage or legality of any bills amending bills referred to in subparagraph (A) of this paragraph with respect to specific subject matter contained in such bills on July 1, 1988; (4) A bill classifying political subdivisions on the basis of the population of standard metropolitan statistical areas and affecting three or more such political subdivisions; provided, however, that this paragraph shall not apply to or affect the legality of any bills classifying on the basis of the population of standard metropolitan statistical areas enacted prior to July 1, 1988, or which become effective July 1, 1988; (5) A bill amending a law which classifies political subdivisions on the basis of population if that amendment merely changes the population classification of such law so as to permit that law to remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable to those political subdivisions; or (6) A bill repealing a law which classifies on the basis of population. In order to be permissible under the foregoing exceptions, a bill must fit within only one of the foregoing exceptions; and any bill which uses two or more of the foregoing classification devices shall be a prohibited `population bill.' (d) Nothing in this Code section shall be construed to invalidate any judicially imposed requirements for Acts classifying on the basis of population.

Page 1550

Section 2 . This Act shall become effective January 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. GEORGIA RESIDENTIAL FINANCE AUTHORITYMULTIFAMILY RENTAL UNITS; MORTGAGE CREDIT CERTIFICATES; ALLOCATION; CO-INSURANCE; STATE OFFICE OF HOUSING. Code Title 8, Chapter 3, Article 3 Amended. Code Title 50, Chapter 8, Article 3 Repealed. No. 1395 (Senate Bill No. 479). AN ACT To amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to residential and family farm mortgages, so as to amend the definition of eligible persons and families; to revise the income recertification process required for multifamily rental units financed by the authority; to clarify powers of the authority relating to the issuance of mortgage credit certificates; to delete allocation language relating to the state ceiling under the Mortgage Subsidy Bond Tax Act of 1980; to provide an exemption from the Georgia Insurance code for co-insurance by the authority on authority held mortgages and to clarify said power; to transfer and modify the functions of the State Office of Housing; 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, relating to residential and family

Page 1551

farm mortgages, is amended by striking paragraph (7) of Code Section 8-3-172, relating to definitions, and inserting in its place a new paragraph (7) to read as follows: (7) `Eligible persons and families' means: (A) Persons and families in this state who do not have sufficient income to afford to pay the amounts at which private enterprise, without federally aided mortgages or state-aided mortgages, is providing a substantial supply of decent, safe, and sanitary housing and who satisfy income limitations established by the authority in administrative guidelines and procedures established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176; (B) Persons and families in this state who because of their age or physical disability or the age or physical disability of the head of their household, as determined by the administrative guidelines and procedures of the authority established pursuant to the criteria set forth in subsection (c) of Code Section 8-3-176, are in need of residential housing in a special location or of a special design, or are in need of sanitary, decent, and safe residential housing; or (C) Notwithstanding any other provision of this article, in connection with bonds exempt from federal income taxation issued for the purpose of financing multifamily residential rental property, those individuals qualified to live in such properties under the Internal Revenue Code governing such tax exempt financing shall be deemed to be eligible persons and families, regardless of income; provided, however, that the authority, in its discretion, may impose additional income qualifications beyond those imposed by the Internal Revenue Code on all or a portion of the residents of property so financed. Section 2 . Said article is further amended by striking paragraph (19) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof the following: (19) To procure or to otherwise provide insurance against any loss in connection with its property and other

Page 1552

assets, to provide mortgage insurance in part on mortgages purchased by the authority. If the authority provides such insurance on mortgages purchased by the authority, such a program of insurance shall not be subject to the reserve, reporting, registration, disclosure, and record-keeping requirements imposed on insurers by the Georgia Insurance Code or any other requirements imposed by the Georgia Insurance Code; . Section 3 . Said article is further amended by striking paragraph (25) of subsection (a) of Code Section 8-3-176 in its entirety and inserting in lieu thereof a new paragraph (25) to read as follows: (25) To issue mortgage credit certificates to those persons and families who have received financing from any lender, any financial institution or any individual or institution serving as lender, regardless of lender's geographic location, for the purpose of acquiring, rehabilitating, or improving single-family residential housing in Georgia. 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 the certificates and implement and enforce the mortgage credit certificate program within the parameters and following the procedures specified by federal law and federal regulations governing the mortgage credit certificate program, notwithstanding any contrary provision in this article. The authority shall be the sole and exclusive issuer of mortgage credit certificates in and for the state, notwithstanding any contrary provision of law; provided, however, that the Urban Residential Finance Authority shall be permitted to issue mortgage credit certificates but only if the Urban Residential Finance Authority adopts purchase price and income limits consistent with those adopted by the Georgia Residential Finance Authority for the mortgage credit certificate program. The issuance of such certificates, credit, or other advantage shall not constitute a bond, note, or other obligation of the authority; . Section 4 . Said article is further amended by striking subsection (h) of Code Section 8-3-176, relating to allocation of the state ceiling for single-family residential housing bonds as imposed

Page 1553

by and defined in the Mortgage Subsidy Bond Tax Act of 1980, in its entirety. Section 5 . Said article is further amended by striking subsection (d) of Code Section 8-3-177, relating to the issuance of loans by the authority for residential housing purposes, and inserting in its place a new subsection (d) to read as follows: (d) For the purposes of carrying out this Code section, the authority shall establish administrative guidelines and procedures for determining the eligibility of occupants and rental or carrying charges, including guidelines and procedures with respect to periodic review of occupant incomes for those occupants of income restricted units and periodic adjustment of rental or carrying charges on income restricted units, in accordance with the criteria set forth in subsection (c) of Code Section 8-3-176. Section 6 . Said article is further amended by adding a Part 3 which shall create and establish the State Office of Housing in the Georgia Residential Finance Authority by adding after Code Section 8-3-198 the following: Part 3 8-3-199. The General Assembly finds and declares that housing is an issue of paramount concern to this state which affects the health, welfare, and safety of the citizens of this state and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing related matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Residential Finance Authority as the State Office of Housing and assigns it the following powers and duties: (1) To be responsible for the planning, development, and implementation of a coordinated state housing program;

Page 1554

(2) To provide technical and financial assistance on housing and housing related matters throughout the state; (3) To perform such housing related duties as may be assigned it by the Governor or the General Assembly; (4) To apply for and receive and to administer federal funds under any federal housing program for which the state is an eligible applicant and, in the administration of such funds, to enter into such contracts as it deems necessary and to expend such state funds as the General Assembly may appropriate for such purposes; (5) To coordinate activities and work in conjunction with the Farmers Home Administration, which activities may include, but not be limited to, processing loan applicants and loans, community outreach activities, and financial assistance in the form of interest or down payment subsidies or write-downs; and (6) To coordinate housing related activities and work in conjunction with private, federal, or quasi-governmental entities which entities shall include, but not be limited to, the Federal Housing Administration, the Veterans Administration, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Government National Mortgage Association. 8-3-199.1. The General Assembly affirms the state's commitment to providing decent, safe, and affordable housing to all segments of the population of this state. The State Office of Housing is authorized and directed to develop a state housing goal and shall prepare a state housing goal report for presentation to the General Assembly, commencing with the 1989 session. The report shall identify housing needs and housing accomplishments and outline plans for achieving the state housing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, and the urban residential finance authority are authorized and directed to provide such information and perform such duties and functions as may be

Page 1555

required to assist the State Office of Housing to prepare its reports and perform its functions. Section 7 . Article 3 of Chapter 8 of Title 50, relating to the placement of the State Office of Housing Section in the Department of Community Affairs, is deleted and repealed in its entirety. 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 11, 1988. GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACTNOTICE OF CLAIM; THIRD PARTIES. Code Section 33-34-3 Amended. No. 1396 (Senate Bill No.578). AN ACT To amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide that each policy of motor vehicle liability insurance issued in this state shall provide that the requirement for giving notice of a claim may be satisfied under certain conditions by a third party injured in an accident involving the insured and having a claim against the insured; to provide the method of notice; to provide for compliance and construction of policy; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1556

Section 1 . Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) Each policy of motor vehicle liability insurance issued in this state on or after July 1, 1990, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 45 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by registered mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after July 1, 1988, shall be deemed to include and construed as including the provision regarding the notice requirements provided in this subsection until such time as the provision is approved by the Commissioner of Insurance in conjunction with the approval of a new policy form of the insurer and is actually stated in the policy. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988. HANDICAPPED PERSONSPARKING FACILITIES AND SPACES; STANDARDS; RENOVATIONS. Code Sections 30-3-2 through 30-3-5 Amended. No. 1397 (Senate Bill No. 608). AN ACT To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by

Page 1557

physically handicapped persons, so as to provide that the resurfacing, restriping, or repainting of a parking facility shall be classified as a renovation; to provide for standards for certain handicapped parking spaces; to add a provision relating to enforcement of the chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped persons, is amended by striking the period at the end of subparagraph (B) of paragraph (7) of Code Section 30-3-2, relating to definitions, and inserting in its place a semicolon and by adding a new subparagraph (C) to read as follows: (C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision. Section 2 . Said chapter is further amended by striking Code Section 30-3-3, relating to applicable standards and specifications for making buildings and facilities accessible to handicapped persons, and inserting in its place a new Code Section 30-3-3 to read as follows: 30-3-3. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people except as otherwise provided in paragraph (6) or subparagraph (C) of paragraph (7) of Code Section

Page 1558

30-3-2; provided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any government building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted. Section 3 . Said chapter is further amended by striking Code Section 30-3-4, relating to specific amenities to be provided with regard to physically handicapped persons, and inserting in its place a new Code Section 30-3-4 to read as follows: 30-3-4. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals, except as otherwise provided in paragraph (6) and subparagraph (C) of paragraph (7) of Code

Page 1559

Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limiting the generality of the foregoing, shall provide the following amenities for handicapped persons, as appropriate: (1) Accessible parking spaces in a reasonable number of which not less than 30 percent of or a minimum of one, whichever is greater, shall have an aisle width in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); (2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a reasonable number; and (4) Accessible seating, tables, and work surfaces in a reasonable number. Section 4 . Said chapter is further amended by striking subsection (a) of Code Section 30-3-4.1, relating to parking lot spaces for handicapped persons, in its entirety and inserting in its place a new subsection (a) to read as follows: (a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, shall include at least one parking space for handicapped persons accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unattended fare gate mechanism which blocks access to or exit from such space unless gate-opening mechanisms are provided at a height accessible to a van driver. Section 5 . Said chapter is further amended by striking in its entirety subsection (f) of Code Section 30-3-5, relating to

Page 1560

administration and enforcement of the chapter, and substituting in lieu thereof the following: (f) (1) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifications thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph (7) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of paragraph (7) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subparagraph (C) of paragraph (7) of Code Section 30-3-2. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 11, 1988.

Page 1561

MOTOR VEHICLESSTICKERS, DECALS, AND EMBLEMS; PROFANE OR LEWD WORDS PROHIBITED. Code Section 40-1-4 Enacted. No. 1398 (House Bill No. 172). AN ACT To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit the attachment of stickers, decals, or similar devices containing profane or lewd words or describing sexual acts, excretory functions, or parts of the human body; 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 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, is amended by adding a new Code Section 40-1-4 to read as follows: 40-1-4. No person owning, operating, or using a motor vehicle in this state shall knowingly affix or attach to any part of such motor vehicle any sticker, decal, emblem, or other device containing profane or lewd words describing sexual acts, excretory functions, or parts of the human body. Any person who violates any part of this Code section shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $100.00. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1562

GUARDIAN AND WARDGUARDIAN; BOND; MISMANAGEMENT; ACTIONS FOR WASTE; SETTLEMENT OF ACCOUNTS; ORDERS TO DELIVER PROPERTY; EXECUTIONS; SURETIES. Code Title 29, Chapter 2, 4, and 6 Amended. No. 1399 (House Bill No. 669). AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to authorize the judge of the probate court to require the initial posting of the bond of a guardian for a period greater than one year; to change the procedures in case of mismanagement by a guardian; to provide for actions for waste or failure to comply with applicable laws; to provide for practices, procedures, and notices; to change the provisions relating to applications for settlement of accounts and the practices and procedures relating thereto; to provide for notices and service of process; to change the provisions relating to orders to deliver property and executions for money due; to provide for compensation for waste or mismanagement; to provide for orders to post bonds and time periods related thereto; to provide that a surety on a bond shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking in its entirety Code Section 29-2-40, relating to the cost of a bond premium as an expense of administration, and inserting in its place a new Code Section 29-2-40 to read as follows: 29-2-40. (a) Guardians who are required to give bond as such and who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance

Page 1563

companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expense or cost of administration the cost of the bond premium or premiums. (b) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. Section 2 . Said title is further amended by striking Code Section 29-2-45, relating to procedure in case of mismanagement by a guardian, and inserting in lieu thereof a new Code Section 29-2-45 to read as follows: 29-2-45. (a) If the judge of the probate court knows or is informed that any guardian wastes or in any manner mismanages the property of his ward, does not take due care of the maintenance and education of his ward according to his circumstances, fails or refuses to make returns as required by law, or for any cause is unfit for his trust, the judge shall cite the guardian to answer to the charge at a regular term of the court. Upon investigation of the guardian's action, the judge, in his discretion, may do any or all of the following: (1) Revoke the guardian's letters; (2) Require the guardian to appear and submit to a settlement of his accounts following the procedure set forth in Code Sections 29-2-76 through 29-2-81 whether or not the guardian has first resigned or been removed and whether or not a new guardian has been appointed; (3) Pass such other order as in his judgment is expedient under the circumstances of each case. (b) If the judge of the probate court receives a return which indicates that any guardian may have wasted the

Page 1564

property of the ward or failed in any manner to comply with applicable law, in lieu of citing the guardian to answer the charge, the court in its discretion may order the return recorded, without being approved or disapproved, and wait until the guardianship is terminated, and then allow the ward or his successors in interest to determine whether any action should be taken against the former guardian or the personal representative of such former guardian for any such waste or failure. In such case, a copy of the return and the order of the judge shall be served by personal service on the surety, if any. The decision of the judge not to cite the guardian to appear shall not relieve the guardian or the surety of any liability which may be found if the ward or his successors determine that action should be taken for such apparent waste or failure within four years after the termination of the guardianship. Section 3 . Said title is further amended by striking Code Section 29-2-76, relating to application for settlement of accounts, and inserting in lieu thereof a new Code Section 29-2-76 to read as follows: 29-2-76. Either a ward, on arriving at the age of majority, or a new guardian legally appointed may apply to the judge of the probate court for an order requiring the original guardian or his personal representative to appear and submit to a settlement of his accounts. The citation shall be served as are other citations and shall be returnable to a regular term of the court. If the guardian fails or refuses to appear as cited, the court may proceed without the appearance of the guardian. If the guardian has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the guardian at the last address of the guardian in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon the guardian for purposes of this Code section if the citation is mailed by first-class mail to such address. Section 4 . Said title is further amended by striking Code Section 29-2-79, relating to orders to deliver property and executions

Page 1565

for money due, and inserting in lieu thereof a new Code Section 29-2-79 to read as follows: 29-2-79. The judge of the probate court may order any property in the hands of the guardian to be delivered to the ward or to the new guardian and may issue a judgment, writ of fieri facias, and execution thereon for any balance of money found due to the ward from the guardian or for any amount of money which the judge finds appropriate to compensate the ward or his estate for any waste or mismanagement of the guardian or former guardian, taking into account Code Section 29-2-81. Section 5 . Said title is further amended by adding at the end of Code Section 29-4-12, relating to the oath and bond of certain appointed guardians, a new subsection, to be designated subsection (d), to read as follows: (d) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. Section 6 . Said title is further amended by adding at the end of Code Section 29-6-9, relating to the bond of guardian of beneficiaries of the Veterans' Administration, a new subsection, to be designated subsection (d), to read as follows: (d) The judge of the probate court may order the guardian to post the bond for a period in excess of one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1566

SHERIFFS' RETIREMENT FUND OF GEORGIACONTINUED ACTIVE MEMBERSHIP; BENEFITS; OPTIONS. Code Sections 47-16-43 and 47-16-101 Amended. No. 1400 (House Bill No. 718). 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 change the provisions relating to requirements for continued active membership in the fund; to provide for an increase in retirement benefits; to prohibit changing retirement options after retirement; 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 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by striking paragraph (2) of Code Section 47-16-43, relating to requirements for continued active membership in the fund, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows: (2) Pay to the secretary-treasurer membership dues of $25.00 per month for each month so served. Such payment shall be due on or before the tenth day of the following month until the member has made such payments for a total of 30 years; and 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, in its entirety and substituting 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

Page 1567

service credited to such member under this chapter, the member shall be paid a benefit of $164.00 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 $164.00 per month, plus $41.00 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 to the member; provided, that in no case shall such benefits exceed $1,230.00 per month; Section 3 . Said chapter is further amended by adding at the end of Code Section 47-16-101, relating to retirement benefit options, a new subsection (f) to read as follows: (f) No member shall be allowed to change the retirement options provided in this Code section subsequent to the time that such member receives the first payment under the retirement option originally selected by such member. Section 4 . This Act shall become effective on July 1, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1568

REVENUE AND TAXATIONAD VALOREM TAXATION OF PUBLIC UTILITIES; LOCAL ASSESSMENT. Code Section 48-2-18 Amended. Code Title 48, Chapter 5 Amended. No. 1401 (House Bill No. 337). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to extensively revise provisions relating to ad valorem taxation of public utilities; to provide for local assessment; to provide for state assistance in the event of appeals; to change the method of assessment of property of public utilities; to revise the duties and responsibilities of the State Board of Equalization; to revise certain procedures used in compiling the equalized adjusted school property tax digests; to provide conforming amendments; 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 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by striking Code Section 48-2-18, relating to the State Board of Equalization, and inserting in its place the following: 48-2-18. (a) There is established a board composed of the commissioner, the state auditor, and the executive director of the State Properties Commission. (b) The board created by this Code section shall be designated the State Board of Equalization. The chairman and administrative officer of the board shall be the commissioner. Each year, when the digest of assessments proposed by the commissioner is complete, the commissioner shall submit the digest to the State Board of Equalization which shall carefully examine the proposed assessments of each class

Page 1569

of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions and reasonably uniform with the values set on other classes of property throughout the state. If the board determines that the proposed assessed values of any one or more of the classes of taxpayers or property or the digest as a whole does not reasonably conform to the values set for other property throughout the state, it shall inquire as to the reason for the lack of conformity and shall adjust and equalize the same by either adding or subtracting a fixed percentage to the class of taxpayer, to the class of property, or to the digest as a whole, as the case may be. (c) As chairman and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property. At the same time, the commissioner shall notify in writing the board of tax assessors of such county, as outlined in Georgia Code Annotated 48-5-511, of the total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commission. At the same time, the commissioner shall notify in writing the affected taxpayers of his proposed assessment. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County within 30 days of receipt of the notice. In any such appeal the taxpayer shall have the right of discovery as provided in the Georgia Civil Practice

Page 1570

Act. Upon conclusion of the appeal, the taxpayer shall remit to the appropriate counties any additional taxes owed, with interest at the rate provided by law for judgments. (d) Within 30 days after receipt of the proposed digest of assessments, the county board of tax assessors shall make the final assessment of the property in question and provide notice to the taxpayer. Such notice and any appeal therefrom shall be accomplished as is provided by Code Sections 48-5-306 and 48-5-311. In the event of an appeal, the department shall, upon request of the local board of tax assessors and without any charge or cost therefor, provide the local board of tax assessors with any and all technical assistance available from the resources of the department, including without limitation expert testimony by the employees of the department. (e) Assessments made in accordance with subsection (d) of this Code section shall be added to the regular county digest at the time the digest is transmitted to the commissioner or at such time as the digest is otherwise required to be compiled. (f) The notice and appeal procedures provided for in this Code section shall not apply to any decision of the board relating to the assessed value of motor vehicle property. Section 2 . Said title is further amended by striking subsections (a), (b), and (c) of Code Section 48-5-274, relating to equalized adjusted school property tax digests, and inserting in their place new subsections to read as follows: (a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as he deems necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:

Page 1571

(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest; (2) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection; (3) Determine the sum of the assessed valuation of the county railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing railroad equipment company properties throughout the state; (4) The total of the sums obtained through the calculations prescribed in paragraphs (2) and (3) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and (5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the

Page 1572

power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles and bank stock, within the county as is finally determined for real property within the county. (b) The average ratio of assessed value to true value of county property to be established by the state auditor for the purposes of paragraph (5) of subsection (a) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal techniques. (c)The average ratio of assessed value to true value determined for each county shall be used as provided for in this Code section until such time as a new ratio is determined on a continuing basis for a particular county. When any county digest submitted to the commissioner under Code Section 48-5-302 reflects an increase or decrease of 5 percent or more from the digest of the year in which the last ratio was established for that county in accordance with paragraph (5) of subsection (a) of this Code section, the state auditor, in accordance with the procedures prescribed in this Code section, shall determine a new ratio for the county as soon as the necessary studies can be completed. Section 3 . Said title is further amended by striking Code Section 48-5-402, relating to ad valorem school taxation of public utilities, and inserting in its place a new Code section to read as follows:

Page 1573

48-5-402. (a) All real and personal property including, but not limited to, franchises belonging to a public utility which is required to make its returns to the commissioner, when the property is within the taxable limits of any school district, shall be subject to taxation by the school district as fully and completely as is the property of other persons within the taxable limits of the school district. (b) (1) It is the duty of every public utility, in addition to the facts otherwise required to be included in its returns to the commissioner, to show in its return the fair market value of its property in each of the school districts in which its property is located. For the purpose of enabling the public utility to show in its returns the fair market value of its property in each school district, each county superintendent of schools shall furnish to each public utility information as to the boundaries of each school district in which the public utility may have property so as to enable the public utility to determine the amount of its property in each school district. The county superintendent of schools shall also furnish similar information whenever the boundaries of any school district are changed. (2) The rolling stock, franchises, and other personal property of public utilities shall be distributed to the school districts on the same basis that rolling stock, franchises, and other personal property are distributed to counties and municipalities as provided by law. (c) In all cases where taxes are authorized for school purposes in the counties or school districts, each public utility's annual return to the commissioner shall set forth all its taxable property in the county or school district. The commissioner shall fix the proposed assessment of the utility's property for school purposes at the same time and in the same manner as he is authorized by law to fix the proposed assessment of the property for ordinary county purposes. The commissioner shall assess the property of railroad equipment companies and shall apply the school tax rate fixed by the school authorities in the counties or school districts. The school tax rate shall be certified and transmitted to the commissioner by the county authorities at the same time

Page 1574

they certify to the commissioner the county tax rate for ordinary county purposes. (d) The commissioner shall use the same procedures for collecting school taxes of railroad equipment companies, insofar as they can be applied, as are provided for the collection of county taxes due from railroad equipment companies under Code Section 48-5-519. When it becomes necessary for the commissioner to issue a tax fi. fa. for county purposes as well as for school purposes, he may include the school tax in the fi. fa. and shall specify separately in the assessment and tax execution the amount of the county taxes for ordinary purposes and the amount for school purposes so that the tax commissioner or tax collector, after collecting the taxes, can pay over each tax to the proper person authorized by law to receive the tax. Should the taxpayer desire to contest the taxability of his property, as provided under this subsection and Code Section 48-5-403, he may do so by bringing an action for equitable relief in the Superior Court of Fulton County. Section 4 . Said title is further amended by striking Code Section 48-5-423, relating to valuation of special franchises, and inserting in its place a new Code section to read as follows: 48-5-423. (a) In arriving at a proposed assessment, the commissioner shall not be bound to accept the valuation fixed for a special franchise in the return made but shall review the return and valuation. When the commissioner refuses to accept the return, the subsequent proceedings shall be in all particulars the same procedures as are provided by law in the case of refusal to accept the returns made by public utilities of their tangible property. (b) Special franchises shall be taxed at the same rate as other property upon the value of the special franchise as returned or upon the value determined by the county board of tax assessors. The tax on special franchises shall be levied and collected in the same manner as is provided by law in the case of the tangible property of public utilities. Section 5 . Said title is further amended by striking Code Section 48-5-424, relating to ad valorem taxation of special franchises,

Page 1575

and inserting in its place a new Code section to read as follows: 48-5-424. (a) In the case of any special franchise exercised beyond the limits of one county, municipality, or school district, the return provided for in this article shall show, as in the case of telegraph lines, telephone lines, railroads, or steamboats, the number of miles over which the railroad, telegraph, telephone, or other franchise is exercised in each county, municipality, and school district. The information required by this Code section shall be shown in the same manner as is required of a public utility for the return of its tangible property. (b) The valuation for taxation of special franchises in each county, municipality, and school district in or through which the franchise is exercised shall be apportioned to the county, municipality, and school district in the same manner as is provided by law for the apportionment of the tangible personal property of public utilities. (c) The commissioner shall certify to every municipality and to the taxing authorities of every county the proposed assessment of every special franchise taxable within the county, municipality, or school district in the same manner as is provided by law in the case of public utilities. (d) Taxes due each county, municipality, or school district on a special franchise shall be assessed, collected, and enforced in the same manner as is provided by law in the case of other taxes due from public utilities to the county, municipality, or school district. Section 6 . Said title is further amended by repealing in its entirety Code Section 48-5-514 which reads as follows: 48-5-514. The returns of public utilities for purposes of county, municipal, and school taxation shall be subject to the same inspection, objection, and assessment by the commissioner and to appeal to the State Board of Equalization as is provided by law for returns of such property for purposes of state taxation., and inserting in its place the following:

Page 1576

48-5-514. Reserved. Section 7 . Said title is further amended by repealing in its entirety Code Section 48-5-516 which reads as follows: 48-5-516. In all cases of assessment or of correction of returns as provided by law, the taxpayer concerned shall be notified in writing by mail and, if the taxpayer is dissatisfied, it shall have a right of appeal within 20 days after the notice to the State Board of Equalization. The appeal shall be perfected by filing it in writing with the commissioner. Otherwise, the appeal shall follow as far as practicable the procedure for an appeal by a taxpayer to his county board of equalization., and inserting in its place the following: 48-5-516. Reserved. Section 8 . Said title is further amended by repealing in its entirety Code Section 48-5-517 which reads as follows: 48-5-517. (a) Each chief executive officer shall pay to the commissioner the taxes assessed upon the property of his public utility. (b) All chief executive officers shall pay the taxes due the state on or before September 1 of the year returns are required to be made., and inserting in its place the following: 48-5-517. Reserved. Section 9 . Said title is further amended by striking Code Section 48-5-519, relating to ad valorem taxation of railroad equipment companies, and inserting in its place a new Code section to read as follows: 48-5-519. (a) Any person owning, leasing, furnishing, or operating any kind of railroad cars on any railroad in this state shall be deemed a railroad equipment company. Every railroad equipment company shall be required to make returns to the commissioner and shall be taxed as follows:

Page 1577

(1) Ascertain the total number and the value of all cars of the railroad equipment company, the total car-wheel mileage made by the cars in the United States, and the total car-wheel mileage in this state; (2) Tax the cars at the regular rate imposed on property in this state on a valuation based on the proportion to the entire value of the cars that the car-wheel mileage made in this state bears to the entire car-wheel mileage of the cars in the United States; and (3) Ascertain the total track mileage in each local tax jurisdiction in this state and tax the cars at the regular rate imposed on property in each local tax jurisdiction on a valuation based on the proportion to the entire value of the cars as determined in paragraph (2) of this subsection that the track mileage in the local tax jurisdiction bears to the entire track mileage in this state. (b) The returns shall be made to the commissioner by the chief executive officer in charge of the cars in this state. The final assessment of the property of railroad equipment companies shall be fixed in the same manner as the proposed assessments of property of public utilities under this article and Code Section 48-2-18, except that with respect to railroad equipment companies such assessment shall be final rather than proposed. Any railroad equipment company may bring in the Superior Court of Fulton County a de novo action of the assessment so fixed. (c) For the purposes of this Code section, a railroad company operating a railroad is not a railroad equipment company. (d) (1) The commissioner shall collect all taxes levied by this Code section and shall remit all taxes collected to the authorities entitled thereto, less 1 percent of the amount collected, which shall be paid into the general fund of the state treasury in order to defray the costs of collection. (2) The commissioner may submit tax bills to railroad equipment companies in one or more stages each

Page 1578

year; and the taxes reflected in each bill shall be due 60 days after the commissioner mails the bill to the company and, if not so paid, shall bear interest at the rate specified in Code Section 48-2-40 and become subject to penalty in accordance with Code Section 48-2-44. The commissioner shall remit the taxes collected at least once each year. In arriving at the amount to be billed in each instance, the commissioner shall utilize the millage rate established by each taxing jurisdiction for the year in question unless no such rate has been finally established at the time the bill in question is prepared, in which case the commissioner may decline to include such jurisdiction in the billing or may utilize a millage rate established by court order. (3) All taxes collected under a millage rate which is later changed shall be collected subject to adjustment upward or downward, as the case may be. Such adjustments may be billed or refunded separately or may be made by offset the following year, in the discretion of the commissioner. If any refunds are made separately, they shall be made by the local taxing jurisdiction. (4) This subsection shall apply to all tax years beginning on or after January 1, 1981. Section 10 . Said title is further amended by striking Code Section 48-5-521, relating to ad valorem taxation of railroad companies, and inserting in its place a new Code section to read as follows: 48-5-521. (a) The commissioner shall propose, and the appropriate local tax officials shall fix, an assessment on each railroad company's property in each of the counties and municipalities of the state in the following manner: (1) The tax shall be assessed upon the property located in each county and municipality on the basis of the value given in the returns; and (2) The amount of tax to be assessed upon the rolling stock and other personal property is as follows: as the value of the property located in the particular county

Page 1579

or municipality is to the value of the whole property, real and personal, of the company, such shall be the amount of rolling stock and other personal property to be distributed for taxing purposes to the county or municipality. (b) The value of the property located in each county or municipality and the share of the rolling stock and personal property thus ascertained and apportioned to each of such counties or municipalities shall be the amount to be taxed to the extent of the assessment in each county and municipality. Section 11 . Said title is further amended by repealing in its entirety Code Section 48-5-523 which reads as follows: 48-5-523. If any public utility affected by this article desires to resist the collection of the tax provided in this article or disputes the taxability of its property, the public utility through its chief executive officer or his personal representative, after making the return required by Code Section 48-5-511 and after paying the tax levied on the public utility and continuing to pay the tax while the question of its liability remains undetermined, may resist the collection of the tax by filing an affidavit of illegality to the execution or other process issued by the commissioner stating fully and distinctly the grounds of resistance. The affidavit of illegality shall be returnable to the Superior Court of Fulton County and shall be determined there as other illegalities are determined. An affidavit of illegality filed pursuant to this Code section shall have precedence over all other cases in the court as to time of hearing and shall have the same rights of motions for new trial and appeal as in other cases of illegality. The commissioner shall be represented by the Attorney General. If the grounds of an affidavit of illegality are not sustained, the commissioner, after crediting the process with the amount paid, shall proceed to collect the remainder due under this article. If at any time during the pendency of any litigation the public utility fails to pay the tax required to be paid as a condition of hearing, the illegality shall be dismissed and no second affidavit of illegality shall be allowed. The illegality may be amended as other affidavits of illegality are amended and shall always be accompanied by

Page 1580

good bond and security for the payment of the tax execution issued by the commissioner., and inserting in its place the following: 48-5-523. Reserved. Section 12 . Said title is further amended by striking Code Section 48-5-542, relating to assessment of property of airline companies, and inserting in its place a new Code section to read as follows: 48-5-542. The commissioner shall scrutinize carefully each return made to him and, if in his judgment it is necessary, he shall in arriving at a proposed assessment adjust, equalize, and apportion the valuation of all aircraft of each airline company of any type or model operated in this state by the airline company by such type or model. The aircraft shall be valued by the department in the same manner as other personal property in the state. Section 13 . Said title is further amended by striking Code Section 48-5-544, relating to assessment and levy of ad valorem tax on aircraft, and inserting in its place a new Code section to read as follows: 48-5-544. Each local tax jurisdiction to which a proposed valuation of aircraft is apportioned by the commissioner shall assess its apportionment of aircraft and shall levy and collect a tax thereupon as it does upon other property subject to taxation in that jurisdiction. Section 14 . Said title is further amended by striking Code Section 48-5-545, relating to assessment of flight equipment and aircraft, and inserting in its place a new Code section to read as follows: 48-5-545. The proposed assessed valuations for flight equipment and aircraft shall be submitted by the commissioner to the State Board of Equalization for its review in the same manner as required by law for other classes of property which are returned for ad valorem taxation to the commissioner.

Page 1581

Section 15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all tax years beginning on or after January 1, 1989. Section 16 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. INSURANCEINSURANCE PREMIUMS TAXES; COLLECTION AND DISTRIBUTION DATES; STATEMENTS OF ESTIMATED REVENUE; COUNTY TAX CAPS. Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3 Amended. No. 1403 (House Bill No. 1160). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes on insurance companies, so as to change the date of collection and distribution of insurance premiums taxes; to delete certain provisions requiring the Commissioner to provide certain estimated revenue statements to certain cities and counties; to change provisions relating to effect on certain county tax caps; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to fees and taxes upon insurance companies, is amended by striking Code Section 33-8-8.1, relating to county and municipal taxation of life insurance companies, Code Section 33-8-8.2, relating to county and municipal taxation of other insurance companies, and Code Section 33-8-8.3, relating

Page 1582

to reduction of ad valorem taxes in unincorporated areas, and inserting in their place new Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3 to read as follows: 33-8-8.1. (a) As used in this Code section, the term `life insurance company, means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). (b) Life insurance companies are subject to county and municipal corporation taxes levied as follows: (1) There is imposed a county tax for county purposes on each life insurance company doing business within the state, which tax shall be based solely upon gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the unincorporated area of the counties pursuant to the provisions of this Code section. The rate of such tax shall be 1 percent of such premiums, except that such tax shall not apply to the gross direct premiums of an insurance company which qualifies, pursuant to Code Section 33-8-5, for the reduction to one-half of 1 percent of the state tax imposed by Code Section 33-8-4. The tax imposed by this Code section shall not apply to annuity.considerations; and (2) Municipal corporations whose ordinances have been filed with the Commissioner are authorized to impose a tax on each life insurance company doing business within the state, which tax shall be based solely upon the gross direct premiums, as defined in Code Section 33-8-4, which are received during the preceding calendar year from policies insuring persons residing within the corporate limits of the municipal corporation pursuant to the provisions of this Code section; provided, however, that the rate of the tax may not exceed 1 percent of the premiums. The tax imposed shall not apply to annuity considerations. (c) (1) On March 1, 1984, and on that date in each subsequent year, each life insurance company shall file a certified return on a form prescribed by the Commissioner

Page 1583

showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement. (2) Reserved. (3) On or before August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to subsection (b) of this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes. (d) Taxes imposed by subsection (b) of this Code section shall be allocated and distributed to counties and municipal corporations as follows: (1) A portion of the total amount of life insurance premiums taxable by the state, exclusive of premiums collected by companies which qualify for the reduction to one-half of 1 percent of the state tax, shall be allocated to counties based upon the ratio that the total population of all unincorporated areas in the state bears to the total population in the state. The amount of the tax base so allocated to counties shall be taxed at the rate levied for county purposes. The tax shall be distributed to each county governing authority by the Commissioner based upon a fraction, the numerator of which is the population of the unincorporated area of that county and the denominator of which is the population of all unincorporated areas of the state; and (2) A portion of the total amount of life insurance premiums taxable by the state shall be allocated to all municipal corporations based upon the ratio that the total population of all municipal corporations bears to the total state population. The amount of the tax base so allocated to municipalities shall be distributed to each municipal

Page 1584

corporation based upon the fraction, the numerator of which is the population of that municipal corporation and the denominator of which is the population of all municipal corporations in the state. The amount of the tax base so distributed to each municipality shall be taxed at the rate levied by that municipality; and taxes levied by each municipal corporation shall be distributed based upon the tax rate levied by each such municipal corporation. (e) On or before January 1 of the first year that the tax is levied, each municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance. On or before February 1 of each year the Commissioner shall furnish a list of all municipal corporations levying the tax for that year to each life insurance company in the state. (f) Life insurance companies may deduct from premium taxes otherwise payable to this state under Code Section 33-8-4, in addition to all credits and abatements allowed by law, the taxes imposed pursuant to subsection (b) of this Code section and paid to the Commissioner on behalf of any county and municipal corporation during the preceding calendar year. (g) On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (h) Amounts collected by the Commissioner under or due under former Code Section 33-8-8.1 shall be collected and disbursed as provided in former Code Section 33-8-8.1. (i) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future

Page 1585

such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality. 33-8-8.2. (a) Counties and municipal corporations are authorized to levy tax at a rate not to exceed 2.5 percent upon the gross direct premiums of all foreign, alien, and domestic insurance companies doing business in this state other than life insurance companies. The tax shall be in addition to the taxes levied by Code Section 33-8-4, and it may be levied upon the gross direct premiums received by such companies during the preceding calendar year. The tax shall be levied upon premiums derived from policies insuring persons, property, or risks in Georgia from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received during the preceding calendar year from direct writing without any deductions allowed from premium abatement of any kind or character or for reinsurance or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned or change of rate or canceled policies; provided, further, that deductions shall be permitted for returned premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders. (b) The taxes provided in this Code section are county and municipal taxes and shall be levied for county and municipal purposes and shall be collected and distributed as follows: (1) On or before January 1 of the first year that the tax is levied, each county and municipal corporation levying the tax shall file with the Commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which impose the tax, and such filing shall be a condition to the validity and enforceability of such an ordinance or resolution; (2) On or before February 1 of each year, the Commissioner shall furnish to each insurance company a list of all counties and municipal corporations where the tax

Page 1586

as authorized by this Code section has been imposed for the then current year together with the applicable tax rate levied by each such county and municipal corporations and the population percentages by which the taxes are to be allocated to each such county and municipal corporation as provided in this Code section; (3) (A) On March 1, 1984, and on the same date in each subsequent year, each insurance company upon which a tax is imposed by subsection (b) of this Code section shall file a certified return on a form prescribed by the Commissioner showing gross direct premiums received during the preceding calendar year that will appear in the company's certified annual statement. (B) Reserved. (C) On or before August 1, 1988, and on the same date in each subsequent year, the Commissioner shall collect taxes imposed pursuant to this Code section on behalf of counties and municipal corporations whose ordinances have been filed with the Commissioner. The premiums tax collected for each year shall be based upon gross direct premiums written during the preceding calendar year. Penalty and interest as prescribed in subsection (d) of Code Section 33-8-6 shall be imposed for late payment, underpayment, or nonpayment of such taxes; (4) The total amount of premiums taxable by the state on insurance companies as defined in this Code section shall be allocated to each county unincorporated area and each municipal corporation based upon a fraction, the numerator of which is the population of the unincorporated area or municipal corporation and the denominator of which is the total population of the state. Tax rates levied by each county shall be applied to the premiums allocated to its unincorporated area, and tax rates levied by each municipal corporation shall be applied to the premiums allocated to it; and (5) On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall

Page 1587

distribute the taxes imposed by counties and municipal corporations which are actually remitted to and collected by the Commissioner. On or before October 15, 1988, and on the same date in each subsequent year, the Commissioner shall distribute any delinquent taxes actually collected by the Commissioner for a previous year, exclusive of any interest or penalty on such delinquent taxes, which delinquent taxes have not previously been distributed. (c) For purposes of this Code section, population shall be measured by the decennial census of 1980 or any future such census and any additional official census data received by the Commissioner from the United States Census Bureau or its successor agency pertaining to any newly incorporated municipality. (d) Any county or municipal corporation which, on January 1, 1983, levied a tax on all premiums of insurance companies, other than life insurance companies, at a rate in excess of 2.5 percent may continue to levy the tax at a rate in excess of 2.5 percent, provided that the rate of such tax shall not exceed the rate which was in effect in such county or municipal corporation on January 1, 1983, reduced annually beginning January 1, 1984, by one-third of the difference between such January 1, 1983, rate and 2.5 percent, so that the rate levied on January 1, 1986, shall not exceed 2.5 percent. 33-8-8.3. The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either: (1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties: (A) Police protection, except such protection provided by the county sheriff; (B) Fire protection, except such protection provided by a volunteer fire department certified pursuant to Article 2 of Chapter 3 of Title 25;

Page 1588

(C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; or (2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this Code section to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year 1984 and any year thereafter, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this Code section. In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Section 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1). Such provisions shall be spread on the minutes of meeting at which such budget is adopted. 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 12, 1988.

Page 1589

VETERINARY MEDICINELICENSES; CONTINUATION OF BOARD; CONTINUING EDUCATION; LIABILITY; RECORDS. Code Title 43, Chapter 50 Amended. No. 1404 (House Bill No. 1209). AN ACT To amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Veterinary Practice Act, so as to provide for the continuation of the State Board of Veterinary Medicine; to provide for the later termination of such board and the repeal of the laws relating thereto; to change the provisions relating to applications for licenses; to change certain provisions relating to biennial renewal of licenses; to provide for continuing education requirements and programs; to provide for inactive status licenses; to provide grounds, practices, and procedures for revocation or suspension of licenses or other disciplinary actions; to provide for subpoenas; to provide for investigations and the privacy of records, hearings, and other proceedings; to provide for immunity from civil and criminal liability; to change provisions concerning veterinary faculty licenses; to repeal provisions relating to the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to change provisions regarding the sanctioning of the registration of veterinary technicians; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 50 of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Veterinary Practice Act, is amended by striking in its entirety Code Section 43-50-4, relating to termination of the State Board of Veterinary Medicine, and inserting in lieu thereof a new Code Section 43-50-4 to read as follows: 43-50-4. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment,

Page 1590

or Termination of Regulatory Agencies,' the State Board of Veterinary Medicine shall be terminated on July 1, 1994, 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 . Said chapter is further amended by striking subsection (d) of Code Section 43-50-23, relating to applications for licenses, which reads as follows: (d) If the applicant is found not qualified to take the examination, the board shall notify the applicant in writing of such finding and return his application fee. An applicant found not qualified may request a hearing on the question of his qualification under the procedure set forth in Code Section 43-50-31., in its entirety. Section 3 . Said chapter is further amended by adding after subsection (c) of Code Section 43-50-26, relating to biennial renewal of licenses, new subsections (d) and (e) to read as follows: (d) (1) The board shall establish a program of continuing professional veterinary medical education for the renewal of veterinarian licenses. Notwithstanding any other provision of this article, beginning with the licenses which are to be renewed in 1990, no license to practice veterinary medicine shall be renewed in 1990, no license to practice veterinary medicine shall be renewed by the board or the joint-secretary until the veterinarian submits to the board satisfactory proof of his participation, during the biennium preceding his application for renewal, in approved programs of continuing professional veterinary medical education, as defined in this Code section. Veterinarians who have been licensed in this state for 40 years or more on December 31, 1988, shall not be required to participate in continuing education as a condition of license renewal. The amount of continuing education required by the board under this paragraph shall not exceed 30 hours. (2) Continuing professional veterinary medical education shall consist of educational programs providing

Page 1591

training pertinent to the practice of veterinary medicine and approved by the board under this Code section. The board shall approve educational programs for persons practicing veterinary medicine in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the provision of approved programs. In addition to such programs, the board shall allow the continuing professional veterinary medical education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional veterinary medical education or to be fulfilled by a combination of approved correspondence courses and other educational programs. (3) 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. (e) The board shall provide by regulation for an inactive status license for those individuals who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine and shall be exempt from the requirements of continuing veterinary medical education. Section 4 . Said chapter is further amended by striking Code Section 43-50-27, relating to grounds for revocation and suspension of licenses, which reads as follows: 43-50-27. The board may, after a fair hearing and by a concurrence of four members, revoke or suspend for a certain time the license of, or otherwise discipline, any licensed veterinarian or temporarily licensed veterinarian for any of the following reasons: (1) The employment of fraud, misrepresentation, or deception in obtaining a license; (2) An adjudication of insanity;

Page 1592

(3) Chronic inebriation or habitual use of drugs; (4) The use of advertising or solicitation which is false, misleading, or is otherwise deemed unprofessional under regulations adopted by the board; (5) (A) Conviction of a felony or crime involving moral turpitude in the courts of this state, the United States, or of any state, territory, or country. `Conviction of a felony' as used in this Code section means conviction of an offense which, if committed in this state, would be deemed a felony, regardless of its designation in the jurisdiction in which committed. For purposes of this Code section, `conviction' means a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42; (B) The board may suspend or restrict a license, upon indictment of the licensee for an offense the conviction of which would be grounds for discipline under subparagraph (5)(A) of this Code section, during the pendency of the criminal proceedings on the indictment if, but only if, the indictment charges a crime arising out of, or by virtue of, the licensee's practice or his rights as a licensee under this article and the board finds that to permit the licensee to practice pending the conclusion of such proceedings is inimical to the public health, safety, and welfare. Any statement or testimony offered to the board by the licensee in such a proceeding shall be taken in camera and shall not be revealed to any person or used in any other proceeding; and evidence as to its contents shall not be compellable from any person or any document, by subpoena or otherwise; (6) Incompetence, gross negligence, or other malpractice in the practice of veterinary medicine; (7) Having professional association with or employing any person practicing veterinary medicine unlawfully; (8) Fraud or dishonesty in the application or reporting of any test for disease in animals;

Page 1593

(9) Failure to keep veterinary premises and equipment in a clean and sanitary condition; (10) Failure to report, as required by law, or making false report of, any contagious or infectious disease; (11) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; (12) Cruelty to animals; (13) Revocation of a license to practice veterinary medicine by another state, territory, or district of the United States on grounds other than nonpayment of registration fee; or (14) Unprofessional conduct as defined by the board., and inserting in lieu thereof a new Code Section 43-50-27 to read as follows: 43-50-27. (a) The board is authorized to refuse to grant a license to an applicant, or to revoke the license of a veterinarian licensed by the board, or to discipline a veterinarian licensed under this chapter or any antecedent law, or to discipline a veterinary technician licensed under this chapter or any antecedent law, upon a finding by a majority of the entire board that the licensee, registrant, or applicant has: (1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary

Page 1594

medicine or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice veterinary medicine; or made a false statement or deceptive biennial 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, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. 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 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his license to practice veterinary medicine revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; or had other disciplinary action taken against him by any lawful licensing veterinary medical authority other than the board; or was denied a license by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal

Page 1595

of a license by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice veterinary medicine, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury or be directly related to the practice of veterinary medicine but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing veterinary medical practice. Unprofessional conduct shall also include, but not be limited to, the following: failure to keep veterinary premises and equipment in a clean and sanitary condition; dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or cruelty to animals; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee or registrant whose license has been suspended or revoked by the board to practice veterinary medicine or to practice outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which statute, law, rule, or regulation relates to or in part regulates the practice of veterinary medicine, when the licensee or applicant knows or should know that such action violates such statute, law, rule, or regulation; or violated the lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement;

Page 1596

(9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine with reasonable skill and safety to patients or has become unable to practice veterinary medicine with reasonable skill and safety to patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition, or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine in this state or who shall file an application for a license to practice veterinary medicine in this state shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing veterinary medicine under this subsection shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine with reasonable skill and safety to patients; (11) Failed to register with the joint-secretary as required by law. It shall be the duty of every licensee to

Page 1597

notify the board of any change in his address of record with the board; provided, however, that, for a period established by the joint-secretary after failure to register, a license may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law. Any license revoked under the terms of this Code section may be reinstated only upon an applicant's taking the examination required by Code Section 43-50-23 and paying the fees prescribed by law therefor; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the patient as determined by the customary practice and standards of the local community of licensees; or knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the patient at the time of prescription; or (13) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the veterinary services rendered by that veterinarian or any veterinarian associated with him. For purposes of this paragraph, `advertising' shall include any information communicated in a manner designated to attract public attention to the practice of the licensee. (b) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or finds that any person should be

Page 1598

disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the license; (3) Suspend any license for a definite period or for a indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjuction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter. (h) (1) The joint-secretary is authorized to make, or cause to be made through employees or agents of the

Page 1599

board, such investigations as he or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The joint-secretary or his appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the joint-secretary, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a veterinarian or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section

Page 1600

or any other law relating to a licensee's or applicant's fitness to practice as a veterinarian shall be immune from civil and criminal liability for so testifying. (j) Neither a denial of a license on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he so requests. (k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, to the last known address of record with the board. If such material is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the joint-secretary shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the joint-secretary shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules

Page 1601

of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly. Section 5 . Said chapter is further amended by striking Code Section 43-50-28, relating to relicensing, which reads as follows: 43-50-28. Any person whose license is suspended or revoked may, at the discretion of the board, be relicensed or reinstated at any time without an examination by vote of four members of the board on written application made to the board showing cause justifying relicensing or reinstatement., and inserting in lieu thereof a new Code Section 43-50-28 to read as follows: 43-50-28. Reserved. Section 6 . Said chapter is further amended by striking Code Section 43-50-30, relating to veterinary faculty licenses, which reads as follows: 43-50-30. The board shall issue a veterinary faculty license to any qualified applicant associated with one of this state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions: (1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his services

Page 1602

from state, national, or institutional funds and not from the patient-owner beneficiary of his practice efforts; (2) That the applicant will furnish the board with proof that he is a graduate of an accredited school or college of veterinary medicine approved by the American Veterinary Medical Association or the board and is duly licensed in another state; and (3) That the license may be canceled for any of the reasons enumerated in Code Section 43-50-27 or if the holder of the veterinary faculty license permanently moves out of this state or leaves the employment of the institution of higher learning., and inserting in lieu thereof a new Code Section 43-50-30 to read as follows: 43-50-30. The board may, in its discretion, issue a veterinary faculty license to any qualified applicant associated with one of this state's institutions of higher learning and involved in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions: (1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his services solely from state, federal, or institutional funds and not from the patient-owner beneficiary of his practice efforts; (2) That the applicant will furnish the board with such proof as the board may deem necessary to demonstrate that the applicant is a graduate of a reputable school or college of veterinary medicine; that the applicant has or will have a faculty position at an institution which meets the requirements of paragraph (1) of this Code section, as certified by an authorized administrative official at such institution; and that the applicant understands and agrees that the faculty license is valid only for the practice of veterinary medicine as a faculty member of the institution; (3) That the license issued under this Code section may be revoked or suspended or the licensee may be

Page 1603

otherwise disciplined in accordance with Code Section 43-50-27; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state. Section 7 . Said chapter is further amended by striking Code Section 43-50-31, relating to the applicability of Chapter 13 of Title 50, which reads as follows: 43-50-31. All hearings required to be conducted by the board shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' All rules and regulations of the board shall be adopted and promulgated in accordance with that chapter., and inserting in lieu thereof the following: 43-50-31. Reserved. Section 8 . Said chapter is further amended by striking Code Section 43-50-57, relating to revocation or suspension of the use of registered veterinary technicians, which reads as follows: 43-50-57. (a) The approval of a veterinarian's utilization of a veterinary technician may be terminated or suspended and the registration certificate revoked or suspended by the board when, after due notice and a hearing, in accordance with this Code section, it shall find any of the following: (1) That the technician is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself out or permitting another to represent him as a licensed veterinarian; (2) That the technician has performed veterinary medical tasks other than at the direction of the veterinarian approved by the board to utilize the veterinary technician's services;

Page 1604

(3) That the technician has performed duties not authorized by the employing veterinarian; (4) That the technician has habitually used intoxicants or drugs to such an extent that he is unable safely to perform as a veterinary technician; or (5) That the technician has been arrested and indicted or convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. (b) Before termination or suspension of approval or registration granted by the board to a veterinary technician, the board shall give to the veterinary technician timely and reasonable written notice indicating the general nature of the charge, accusation, or complaint preferred against him, which notice shall state that the veterinary technician will be given an opportunity to controvert such charges or complaints at a public hearing before the board. Following such hearing, the board shall determine, on the basis of its regulations, whether the approval or registration of the veterinary technician shall be terminated or suspended. (c) In hearing held pursuant to subsection (b) of this Code section, the board shall apply the rules of evidence as prescribed in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' , and inserting in lieu thereof a new Code Section 43-50-57 to read as follows: 43-50-57. The approval of a veterinarian's utilization of a veterinary technician may be terminated or suspended, and the registration certificate revoked, suspended, or otherwise sanctioned in accordance with the provisions of Code Section 43-50-27. Section 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1605

DAY-CARE CENTERSEMPLOYEES' RECORDS CHECKS; APPLICABILITY OF GEORGIA ADMINISTRATIVE PROCEDURE ACT; HEARING OFFICERS. Code Sections 49-5-60 and 49-5-73 Amended. No. 1405 (House Bill No. 1216). AN ACT To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, so as to change a definition; to change certain provisions relating to applicability of the Georgia Administrative Procedure Act; to provide for certain powers and duties of hearing officers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for day-care centers, is amended by striking paragraph (3) of Code Section 49-5-60, relating to definitions regarding employee records checks, which reads as follows: (3) `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 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.,

Page 1606

and inserting in its place a new paragraph (3) to read as follows: (3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. Section 2 . Said article is further amended by striking Code Section 49-5-73, relating to applicability of the Georgia Administrative Procedure Act, and inserting in its place a new Code Section 49-5-73 to read as follows: 49-5-73. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his discretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation

Page 1607

of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. MOTOR CARRIERSMOTOR COMMON CARRIERS AND MOTOR CONTRACT CARRIERS; PERMITS; REGISTRATION; STAMPS; FEES; EXEMPT COMMODITY INTRASTATE COMMERCE; INTERSTATE COMMERCE. Code Sections 46-7-15, 46-7-16, 46-7-60, and 46-7-61 Amended. No. 1406 (House Bill No. 1282). AN ACT To amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to change the provisions relating to annual registration and licensing of motor common carriers and motor contract carriers operated under a certificate or permit; to provide for registration permits for motor common carriers and motor contract carriers engaged in exempt commodity intrastate commerce; to provide for the issuance of identification and registration stamps for motor common carriers and motor contract carriers operated under certificate or permit; to provide for periods in which identification and registration stamps are valid; to provide for fees; to change the provisions relating to requirements as to registration permits and annual identification and registration stamps for motor common carriers and motor contract carriers engaged solely in interstate commerce; to change certain requirements applicable to motor common carriers and motor contract carriers engaged in exempt commodity intrastate commerce; to change certain requirements for motor contract carriers engaged solely in interstate commerce;

Page 1608

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 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, is amended by striking in its entirety Code Section 46-7-15, relating to annual registration and licensing of motor common carriers operated under certificate or permit, and inserting in lieu thereof a new Code Section 46-7-15 to read as follows: 46-7-15. (a) Except as otherwise provided in this Code section, before any motor common carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (7) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. The application shall show the commodities or operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission on a form provided by the commission and payment of a $5.00 filing fee. (b) Every motor common carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October 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 the issuance of an annual identification and registration stamp or stamps, make application for the registration 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 issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of

Page 1609

October of any year through the thirty-first day of January of the next succeeding year. (c) 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. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common carrier, or on the equipment of a motor common carrier, or on the right of a motor common carrier to operate such equipment, or on any incidents of the business of a motor common carrier. Section 2 . Said chapter is further amended by striking in its entirety Code Section 46-7-16, relating to requirements as to registration permits, annual registration and identification stamps, and bond or indemnity insurance for motor common carriers engaged solely in interstate commerce or engaged in exempt commodity intrastate commerce, 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 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 1610

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, 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) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle in put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles 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 issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle 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.

Page 1611

(b) 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. (c) 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. (d) 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. (e) It shall not be necessary for any motor common 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 1612

Section 3 . Said chapter is further amended by striking in its entirety Code Section 46-7-60, relating to annual registration and licensing of motor contract carriers operated under certificate or permit, and inserting in lieu thereof a new Code Section 46-7-60 to read as follows: 46-7-60. (a) Except as otherwise provided in this Code section, before any motor contract carrier engaged in exempt commodity intrastate commerce as provided for in subparagraph (C) of paragraph (7) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. The application shall show the commodities or operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission on a form provided by the commission and payment of a $5.00 filing fee. (b) Every motor contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October 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 the issuance of an annual identification and registration stamp or stamps, make application for the registration 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 issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. (c) 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

Page 1613

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. (d) 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 such annual registration and license or temporary vehicle registration permit as provided in subsections (a), (b), and (c) of this Code section, the motor contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. Section 4 . Said chapter is further amended by striking in its entirety Code Section 46-7-61, relating to requirements as to registration permits, annual registration and identification stamps, and bond or indemnity insurance for motor contract carriers engaged solely in interstate commerce or engaged in exempt commodity intrastate commerce, 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 this Code section, before any motor contract carrier engaged solely in interstate commerce 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 interstate motor contract carriers exempt from regulation by the Interstate Commerce 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

Page 1614

such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October 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 the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles 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 issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. 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 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 each vehicle so registered; and, upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit.

Page 1615

(c) 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 (b) 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. (d) 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. (e) 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. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1616

PROFESSIONS AND BUSINESSACCOUNTANTS; REGISTRATION OF OFFICES; REPORTS; GROUNDS FOR REVOCATION OR SUSPENSION OF CERTIFICATES, REGISTRATION, OR PERMITS; SANCTIONS; WORKING PAPERS; CONFIDENTAL COMMUNICATIONS; CONTINUING EDUCATION. Code Title 43, Chapter 3 Amended. No. 1407 (House Bill No. 1352). AN ACT To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the Public Accountancy Act of 1977, so as to authorize the State Board of Accountancy to appoint committees or persons to assist the board in the administration and enforcement of laws pertaining to accountants; to authorize such board to promulgate rules and regulations governing the registration of offices established or maintained for the practice of public accountancy; to require each office established or maintained for the practice of public accountancy to furnish certain reports and other information to such board; to provide exceptions; to provide for the review and evaluation of reports; to provide for certain actions to be taken against offices or license holders whose office does not conform to standards established by the board; to provide exemptions from the reporting, reviewing, and evaluation requirements; to provide additional grounds for revocation, suspension, etc. of certificate, registration, or permit issued under such chapter; to provide additional grounds for revocation, suspension, etc. of partnership, association, or corporation registration or permit; to authorize the board to impose additional sanctions against a holder of a license or permit for certain violations of such chapter; to provide that the privilege of accountants from having to disclose certain information shall not apply to certain data required by the board; to change the provisions relating to ownership of accountants' working papers and confidentiality of communications to accountants; to exempt certain licensees from requirements of continuing education; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1617

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the Public Accountancy Act of 1977, is amended by adding at the end of Code Section 43-3-4, relating to the chairman and secretary of the State Board of Accountancy, a new subsection (f) to read as follows: (f) The board may appoint such committees or persons, who need not be members of the board, to advise or assist it in administration, investigation, and enforcement of the provisions of this chapter as the board deems necessary and shall be authorized to compensate any such persons or members of committees who are not members of the board in such amounts as it shall determine to be reasonable. Section 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-3-5, relating to the promulgation of rules and regulations by the State Board of Accountancy, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board may promulgate and amend, from time to time, such rules and regulations, consistent with this chapter and Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' as it deems consistent with or required for the public welfare, for the administration of any provision of this chapter, or for the orderly conduct of the board's affairs. Such rules and regulations may include, without limiting the generality of the foregoing: (1) Rules of procedure for governing the conduct of matters before the board; (2) Rules of professional conduct for establishing and maintaining high standards of competence and integrity in the practice of public accountancy; (3) Regulations governing educational requirements for certification as a certified public accountant and registration as a public accountant and prescribing further educational requirements (requirements of continuing

Page 1618

professional education) to be met from time to time by persons so certified or registered, in order to maintain their professional knowledge and competence, as a condition to continuing in the practice of public accountancy; (4) Regulations governing individuals, partnerships, professional associations, and professional corporations engaged in this state in the practice of public accountancy; (5) Regulations governing the registration of offices established or maintained for the practice of public accountancy in this state and the conditions upon which such registration shall be granted, including any requirements that the board may deem necessary to monitor the practice of such office to determine whether acceptable standards of competence and integrity in the practice of public accountancy are being maintained; and (6) Any and all other rules and regulations which the board deems necessary or appropriate in exercising its functions under this chapter. Section 3 . Said chapter is further amended by adding between Code Sections 43-3-23 and 43-3-24 three new Code Sections 43-3-23.1, 43-3-23.2, and 43-3-23.3 to read as follows: 43-3-23.1. (a) In each renewal year, each office registered in the state pursuant to Code Section 43-3-23 shall provide with the application for renewal of its registration certain compilation, review, audit, or other reports and other information related thereto as the board may require by rule. (b) If any office has not issued a report of the type required by board rules during the 24 month period preceding the date of application for renewal or registration, the resident manager of the office shall submit such documentation as the board may require to evidence that such office did not issue a report in such category during the preceding 24 month period. (c) The board shall issue regulations prescribing the procedures to ensure that the names, addresses, and other

Page 1619

identifying factors relating to clients of such office contained in any such report or other documentation submitted shall be maintained in strict confidentiality. Any office may elect to delete the names, addresses, and other identifying factors relating to clients of such office contained in any such reports or other documentation submitted to the board, provided that such office submits, with the reports, an affidavit stating that the reports are authentic and are reports actually issued to existing clients within the preceding 24 months and stating such other information as may be required by the board to evaluate the reports properly. (d) No office shall be registered in the state which shall have failed to comply with the provisions of this Code section and all applicable requirements of law and rules promulgated by the board. (e) This Code section shall be construed to apply only to offices required to be registered under this chapter. Nothing contained in this Code section shall prohibit any person from operating under the provisions of subsection (b) of Code Section 43-3-36. 43-3-23.2. (a) The board shall issue rules and regulations providing for procedures for reviewing the reports and documentation submitted pursuant to Code Section 43-3-23.1, and the criteria for review and evaluation of such reports and documentation, and evaluation of the findings following such review. (b) The board shall, as it deems necessary, appoint a committee which shall be chaired by a member of the board to assist the board in implementation and administration of the provisions of this Code section. (c) If, after review of a report or other related documentation, the board finds that the report conforms to appropriate standards, the board shall issue a letter to the resident manager of the office which issued the report, stating the board's findings. (d) If, after review of a report or other documentation, the board finds that the report generally conforms with appropriate

Page 1620

standards but is deficient in certain respects which, while not material, are not of such a nature as to render the report substandard, then the board shall issue a letter to the resident manager of the office issuing the report indicating those areas in which the reviewer has perceived deficiencies in compliance with appropriate standards. (e) If the board, after review of a report or other documentation, determines that a report is substandard or seriously questionable with respect to compliance with appropriate accounting and auditing standards, then the board shall have the authority to review the work papers related to such report. (f) In the event that the board, after review of a report and the related work papers, determines that a report is substandard or seriously questionable with respect to conformity with appropriate standards, the board may enter an order requiring any one or a combination of the following as it deems appropriate: (1) Requiring appropriate corrective action for deficiencies described in a letter of comment from the board to the resident manager of the office which issued the report; (2) Requiring the licensee or licensees responsible for issuance of the report or substantial participation in the preparation of the report to complete specific continuing education, at the expense of the licensee or licensees, which will be in addition to any mandatory continuing professional education otherwise required by the board; (3) Requiring the office to submit to a preissuance review prior to issuance of any future reports in one or more categories, in the manner and for a duration as prescribed by the board and by a reviewer selected by the board, at the office's expense; or (4) Requiring the office to submit to a peer review of the office's accounting and auditing practices upon such terms and conditions as shall be determined by the board, the cost of such to be borne by the office.

Page 1621

(g) The provisions of this Code section notwithstanding, if the board determines, based upon information and belief, that the actions committed or omitted by any licensee or office submitting a report and work papers are so egregious as to so warrant, the board may institute an investigation for the purpose of determining whether the taking of disciplinary action as provided in Code Section 43-3-28 is warranted. 43-3-23.3. The board may, pursuant to rules and regulations, exempt an office from some or all of the requirements of Code Sections 43-3-23.1 and 43-3-23.2 if the board determines that such office has participated in a program which the board deems to be, at a minimum, substantially equivalent to the board's program of review of reports pursuant to Code Sections 43-3-23.1 and 43-3-23.2; and the report of such review indicates that the office maintains acceptable standards of competence and integrity in the practice of public accountancy. Section 4 . Said chapter is further amended by striking in their entirety paragraphs (9) and (10) of Code Section 43-3-28, relating to revocation, suspension, etc. of certificate, registration, or permit, and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows: (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's office to register or renew its registration under Code Section 43-3-23 or the failure of such office to comply with any of the provisions of Code Section 43-3-23.1 or 43-3-23.2. Section 5 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 43-3-29, relating to revocation, suspension, etc. of partnership, professional association,

Page 1622

or corporation registration or permit, and inserting in lieu thereof a new subsection (b) to read as follows: (b) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend the registration of a partnership, professional association, or professional corporation or may revoke, suspend, or refuse to renew its valid permit or may censure the holder of any such permit for any of the following causes in addition to those enumerated in Code Section 43-3-28: (1) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner, member, or shareholder required by law to have such certificate, registration, or permit as a condition to the partnership's, professional association's, or professional corporation's registration or permit; (2) The cancellation, revocation, suspension, or refusal to renew the authority of the partnership, professional association, or professional corporation, or any partner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay registration fees in such other state; or (3) The failure of such partnership, professional association, or professional corporation to register or renew its registration under Code Section 43-3-23 or the failure of such office to comply with any of the provisions of Code Section 43-3-23.1 or 43-3-23.2. Section 6 . Said chapter is further amended by adding between Code Sections 43-3-29 and 43-3-30 a new Code Section 43-3-29.1 to read as follows: 43-3-29.1. After notice and hearing as provided in Code Section 43-3-30, the board may impose any one or more of the following sanctions in addition to the actions described in Code Sections 43-3-28 and 43-3-29 for any of the causes described in Code Sections 43-3-28 and 43-3-29: (1) Require the licensee or licensees to complete successfully the specific courses or types of continuing education

Page 1623

as specified by the board or pass special examinations as specified by the board, all at the cost and expense of the licensee or licensees; (2) Require the licensee, partnership, professional association, or professional corporation holding a live permit to submit to a preissuance review prior to the issuance of any future reports, in a manner and for a duration as set by the board by a reviewer selected by the board at the licensee's or holder's cost and expense; or (3) Require a licensee, partnership, professional association, or professional corporation holding a valid permit to submit to a peer review of its accounting and auditing practices upon such terms and conditions as shall be determined by the board at the cost and expense of such licensee or holder of a valid permit. Section 7 . Said chapter is further amended by striking in its entirety paragraph (4) of subsection (b) of Code Section 43-3-32, relating to ownership of accountants' working papers and confidentiality of communications to accountants, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Disclosing any data in a hearing pursuant to Code Section 43-3-30 or disclosing any data to the board pursuant to the requirements of Code Sections 43-3-23.1, 43-3-23.2, or 43-3-23.3 or regulations thereunder, so long as such data shall be received by the board in camera and shall not be disclosed to the public; and provided, further, that no disclosure provided for in paragraph (1), (2), or (3) of this subsection or in this paragraph shall constitute a waiver of the privilege established in this subsection. Section 8 . Said chapter is further amended by adding between Code Section 43-3-36 and 43-3-37 a new Code Section 43-3-36.1 to read as follows: 43-3-36.1. Notwithstanding any other provisions of this chapter, any licensee who has attained 70 years of age shall be exempt from any continuing professional education requirements of Code Section 43-3-23.2, 43-3-25, or 43-3-29.1.

Page 1624

Section 9 . This Act shall become effective July 1, 1989; provided, however, that if the General Assembly has not appropriated the necessary funds to implement the provisions of this Act by July 1, 1989, then this Act shall become effective when such funds are appropriated by the General Assembly. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. CHILD ABUSEREPORTS BY CHILD-COUNSELING PERSONNEL AND CHILD SERVICE ORGANIZATION PERSONNEL; PHOTOGRAPHS. Code Section 19-7-5 Amended. No. 1408 (House Bill No. 1355). AN ACT To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as to provide for reporting of child abuse by certain persons; to change the nature and content of certain information to be contained in such report; 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 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) Any physician, including any doctor of medicine licensed to practice under Chapter 34 of Title 43, licensed

Page 1625

osteopathic physician, intern, resident, all other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, schoolteachers and school administrators, school guidance counselors, child-care personnel, day-care personnel, child-counseling personnel, child service organization personnel, or law enforcement personnel having reasonable cause to believe that a child under the age of 18 has had physical injury or injuries inflicted upon him by a parent or caretaker by other than accidental means, has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited shall report or cause reports to be made in accordance with this Code section; provided, however, that, when the attendance of the reporting person on a child is pursuant to the performance of services as a member of the staff of a hospital, school, social agency, or similar facility, he shall notify the person in charge of the facility or his designated delegate; and such person or his delegate shall report or cause reports to be made in accordance with this Code section. Any other person having cause to believe that a child has had physical injury or injuries inflicted upon him by a parent or caretaker by other than accidental means, has been neglected or exploited by a parent or caretaker, or has been sexually assaulted or sexually exploited may report or cause reports to be made in accordance with this Code section. For purposes of this subsection, a child is sexually exploited when the child's parent or caretaker allows, permits, encourages, or requires such child to engage in prostitution, as defined in Code Section 16-6-9, or allows, permits, encourages, or requires such child to engage in sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (c) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse, sexual assault, or sexual exploitation is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate

Page 1626

police authority or district attorney. Such reports shall contain the names and addresses of the child and his parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority. 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 12, 1988.

Page 1627

COUNTIESCIVIL SERVICE SYSTEMS FOR COUNTY EMPLOYEES. Code Section 36-1-21 Amended. No. 1409 (House Bill No. 1357). AN ACT To amend Code Section 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, so as to change the provisions describing the relationship of such law to certain constitutional amendments and laws adopted pursuant to the authority of such constitutional amendements; 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 36-1-21 of the Official Code of Georgia Annotated, relating to civil service systems for county employees, is amended by striking subsection (d) thereof, which reads as follows: (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., in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) (1) The powers granted to the governing authorities of counties by this Code section: (A) Shall not supersede or replace any power granted by any local constitutional amendment to the

Page 1628

General Assembly to provide by law for a civil service or merit system for any county; (B) Shall not supersede or replace any law enacted by the General Assembly pursuant to the authority of a local constitutional amendment described in subparagraph (A) of this paragraph; and (C) Shall be in addition to any power granted by local constitutional amendment directly to the governing authority of any county to provide by ordinance or resolution for a civil service or merit system for such county. (2) As used in paragraph (1) of this subsection, the term `local constitutional amendment' means any constitutional amendment described in subparagraph (a) of Paragraph IV of Section I of Article IX of the Constitution of the State of Georgia which has been continued in force and effect pursuant to the authority of said subparagraph (a) of said cited constitutional provision and which has not been repealed pursuant to the authority of subparagraph (b) of said cited constitutional provision. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1629

MINORSCHILD LABOR; EMPLOYMENT; HOURS; INJUNCTIONS. Code Sections 39-2-8, 39-2-15, and 39-2-16 Repealed. Code Section 39-2-21 Enacted. No. 1410 (House Bill No. 1361). AN ACT To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, so as to delete provisions relating to the employment of minors 15 years of age during school vacation months; to repeal certain provisions relating to the maximum hours of employment of minors; to repeal certain provisions relating to prohibition on corporal punishment of minors; to provide that the Commissioner of Labor may seek injunctive relief against persons, firms, corporations, or agents thereof for violations of child labor provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to the regulation of child labor, is amended by repealing in its entirety Code Section 39-2-8, relating to employment of minors 15 years of age during school vacation months, which reads as follows: (a) Notwithstanding any other provisions of this chapter to the contrary, during the months in which a minor 15 years of age is on vacation from school, he may be engaged in any gainful employment which is not otherwise prohibited if he shall present to his employer the certificate required by Code Section 39-2-11 and a certificate from a physician licensed to practice medicine under Chapter 34 of Title 43 stating that the minor is physically able to accomplish the tasks for which he will be engaged during the course of his employment. (b) This Code section shall not be construed to permit minors 15 years of age to be employed in occupations and activities which are otherwise prohibited by law., and inserting in its place the following:

Page 1630

39-2-8. Reserved. Section 2 . Said chapter is further amended by striking in its entirety Code Section 39-2-15, relating to maximum hours of employment of minors, which reads as follows: 39-2-15. The hours of labor by all persons under 18 years of age in all manufacturing establishments other than cotton and woolen manufacturing establishments shall be between sunrise and sunset, unless otherwise provided in this chapter or in 29 CFR Part 570. The usual and customary times for meals shall be allowed during such hours. Any contract made with persons under 18 years of age or their parents, guardians, or others, whereby a longer time for labor is agreed upon or provided for, shall be null and viod and unenforceable with respect to such laborers., and inserting in lieu thereof the following: 39-2-15. Reserved. Section 3 . Said chapter is further amended by striking in its entirety Code Section 39-2-16, relating to prohibition on corporal punishment of minors, which reads as follows: 39-2-16. No superior in any manufacturing establishment or machine shop shall inflict corporal punishment upon minor laboers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees. A minor so employed may bring an action in his own name for damages for such conduct, and the recovery shall be his own property and not that of his parents., and inserting in lieu thereof the following: 39-2-16. Reserved. Section 4 . Said chapter is further amended by adding at the end thereof a new Code section, to be designated Code Section 39-2-21, to read as follows: 39-2-21. Any person, firm, or corporation or agent thereof violating any of the provisions of this chapter may

Page 1631

be enjoined from employing the minor involved in such violation upon the complaint of the Commissioner of Labor in the superior court of any county in which the employer may be doing business or employing such minor; provided, however, that any court order under this Code section shall be narrowly drawn and narrowly construed so as to provide the minimum possible disruption of the ongoing business affairs of the employer. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. GEORGIA POST-MORTEM EXAMINATION ACTMEDICAL EXAMINER; DEFINITION. Code Section 45-16-21 Amended. No. 1411 (House Bill No. 1362). AN ACT To amend Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Postmortem Examination Act, so as to change the definition of the term medical examiner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-16-21 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Post-mortem Examination Act, is amended by striking paragraph (4) in its entirety and inserting in lieu thereof a new paragraph (4) to read as follows:

Page 1632

(4) `Medical examiner' means the licensed physician or pathologist designated by the director of the division and the commissioner of human resources pursuant to Code Sections 45-16-22 and 45-16-27 for the purpose of performing post-mortem examinations or autopsies as required in this article. The power and authority conferred upon said medical examiner by this article shall be extended to the director of the division; and any qualified member or members of his staff whom he has designated may, when so requested, act with all the authority and perform any duty of a medical examiner designated pursuant to Code Sections 45-16-22 and 45-16-27. Persons once established as medical examiners by virtue of their employment by the division shall have the same medical examiner eligibility as any other medical examiner appointed under this article. 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 12, 1988. AMUSEMENT RIDE SAFETY ACTLIABILITY INSURANCE; INSURERS AND SURETIES; EXEMPTIONS; CESSATION OF RIDES; CIVIL ACTIONS; PENALTIES. Code Sections 34-12-14, 34-12-16, and 34-12-18 Amended. No. 1412 (House Bill No. 1364). AN ACT To amend Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the Amusement Ride Safety Act, so as to change the provisions relating to liability insurance; to change certain provisions relating to qualifications of insurers and sureties

Page 1633

under this Act; to exempt moonwalks and live rides from the provisions of said Act; to provide for the temporary cessation of amusement rides; to provide procedures; to provide for certain civil actions; to delete certain provisions relating to civil penalties; to prohibit certain activities by owners or operators of amusement rides; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 34 of the Official Code of Georgia Annotated, known as the Amusement Ride Safety Act, is amended by striking in its entirety subsection (b) of Code Section 34-12-14, relating to liability insurance, bond, cash, or security coverage, and inserting in lieu thereof a new subsection (b) to read as follows: (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. Section 2 . Said chapter is further amended by striking in its entirety Code Section 34-12-16, relating to applicability of chapter, and inserting in lieu thereof a new Code Section 34-12-16 to read as follows: 34-12-16. This chapter shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, see-saws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. Section 3 . Said chapter is further amended by striking in its entirety Code Section 34-12-18, relating to civil liability for violations, which reads as follows: 34-12-18. Any owner of an amusement 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

Page 1634

to this chapter may be subject to a civil fine of up to $1,000.00. An owner of an amusement 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., and inserting in lieu thereof a new Code Section 34-12-18 to read as follows: 34-12-18. (a) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized representative. (b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or his authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter. (c) Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1635

STATE GOVERNMENTGEORGIA BUILDING AUTHORITY (HOSPITAL), JEKYLL ISLANDSTATE PARK AUTHORITY, AND STONE MOUNTAIN MEMORIAL ASSOCIATION; SALE OF REAL PROPERTY PROHIBITED; EXCEPTION. Code Section 50-16-3.1 Enacted. No. 1413 (House Bill No. 1365). AN ACT To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to public property, so as to provide that, the provisions of any other laws of this state to the contrary notwithstanding, certain named state authorities shall not be authorized to sell real property; to provide for exceptions; to provide for definitions; 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 applicable to public property, is amended by adding, immediately following Code Section 50-16-3, a new Code Section 50-16-3.1 to read as follows: 50-16-3.1. (a) As used in this Code section, the term `state authority' means: (1) The Georgia Building Authority (Hospital) provided for in Article 2 of Chapter 7 of Title 31; (2) The Jekyll IslandState Park Authority provided for in Part 1 of Article 7 of Chapter 3 of Title 12; or (3) The Stone Mountain Memorial Association provided for in Part 4 of Article 6 of Chapter 3 of Title 12. (b) The provisions of any other laws of this state to the contrary notwithstanding, no state authority shall be

Page 1636

authorized to sell real property; provided, however, this prohibition shall not apply to the sale or other disposition of real property by a state authority when such real property is necessary for a public road right of way. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. COMMERCE AND TRADECOMMODITY CONTRACTS AND COMMODITY MERCHANTS; REGULATION. Code Title 10, Chapter 5A Enacted. No. 1414 (House Bill No. 1366). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to regulate the sale and purchase of commodities and commodity contracts and options; to provide for definitions; to prohibit the solicitation of the purchase or sale of or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offering to enter into any commodity contract or any commodity option except under certain conditions; to provide for the exemption of certain persons and transactions; to provide for terms and conditions of transactions and contracts; to prohibit certain activities relating to commodity activities; to provide for registration and licenses; to provide for the regulation of activities of commodity merchants, boards of trade, and persons acting as such; to prohibit certain fraudulent conduct or transactions; to provide for liability; to provide that certain laws shall not be affected; to provide for construction, implementation, and the purpose of the laws relating to commodities enacted by this Act; to provide for administration and enforcement; to provide for investigations, subpoenas, hearings, practices, and procedures;

Page 1637

to provide for evidence, testimony, and immunity; to provide for investigative agents and their powers and duties; to provide for judicial review; to provide for cease and desist orders, civil penalties, declaratory judgments, injunctions, restraining orders, actions for disgorgement, and actions for appointment of receivers and conservators; to provide for the power of courts to grant legal or equitable remedies; to provide for the Commissioner and his employees and agents and their duties, powers, compensation, and expenses; to provide for confidential information; to provide for venue; to provide for cooperation with other agencies and officials; to provide for rules, regulations, forms, and orders; to provide for applicability of certain provisions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding after Chapter 5 a new Chapter 5A to read as follows: CHAPTER 5A ARTICLE 1 10-5A-1. As used in this chapter, the term: (1) `Board of trade' means any person or group of persons engaged in buying or selling any commodity or receiving the same for sale on consignment, whether such person or group of persons is characterized as a board of trade, exchange, or other form of marketplace. (2) `Commissioner' means the Commissioner of Securities. (3) `Commodity' means, except as otherwise specified by the Commissioner by rule, regulation, or order, any agricultural, grain, or livestock product or by-product, any metal or mineral (including a precious metal set forth in paragraph (12) of this Code section), any gem or gemstone (whether characterized as precious, semi-precious, or otherwise), any fuel (whether liquid, gaseous, or otherwise),

Page 1638

any foreign currency, all other goods, articles, products, or items of any kind or any other `commodity' as defined in the Commodity Exchange Act or Commodity Futures Trading Commission rule, provided that the term commodity shall not include (A) a numismatic coin whose fair market value is at least 15 percent higher than the value of the metal it contains, (B) real property or any timber, agricultural, or livestock product grown or raised on real property and offered or sold by the owner or lessee of such real property, or (C) any work of art offered or sold by art dealers, at public auction, or through a private sale by the owner thereof. (4) `Commodity contract' means any account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether or not delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. Any commodity contract offered or sold, in the absence of evidence to the contrary, shall be presumed to be offered or sold for speculation or investment purposes. A commodity contract shall not include any contract or agreement which requires, and under which the purchaser receives, physical delivery of the total amount of each commodity to be purchased under the contract or agreement within 29 calendar days from the date of payment in good funds of any portion of the purchase price. (5) `Commodity Exchange Act' means the act of Congress codified at 7 U.S.C. Section 1, et seq., known as the Commodity Exchange Act, as amended to July 1, 1988, and all subsequent amendments, additions, or other revisions thereto. (6) `Commodity Futures Trading Commission' means the independent regulatory agency designated by Congress to administer the Commodity Exchange Act. (7) `Commodity Futures Trading Commission rule' means any rule, regulation, or order of the Commodity

Page 1639

Futures Trading Commission in effect on July 1, 1988, and all subsequent amendments, additions, or other revisions thereto. (8) `Commodity merchant' means any of the following, as defined or described in the Commodity Exchange Act or by Commodity Futures Trading Commission rule: (A) Futures commission merchant; (B) Commodity pool operator; (C) Commodity trading advisor; (D) Introducing broker; (E) Leverage transaction merchant; (F) An associated person of any of the foregoing; (G) Floor broker; and (H) Any other person (other than a futures association) required to register with the Commodity Futures Trading Commission. (9) `Commodity option' means any account, agreement, or contract giving a party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, or both, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise, but shall not include an option traded on a national securities exchange registered with the United States Securities and Exchange Commission. (10) `Financial institution' means a bank, savings institution, or trust company organized under, or supervised pursuant to, the laws of the United States or of any state. (11) `Person' means an individual, a corporation, a partnership, an association, a joint-stock company, a trust

Page 1640

where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government, but shall not include a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof or a national securities exchange registered with the Securities and Exchange Commission (or any employee, officer, or director of such contract market, clearing-house, or exchange acting solely in that capacity). (12) `Precious metal' means the following in either coin, bullion, or other form: (A) Silver; (B) Gold; (C) Platinum; (D) Palladium; (E) Copper; and (F) Such other items as the Commissioner may specify by rule, regulation, or order. 10-5A-2. Except as otherwise provided in Code Section 10-5A-3 or 10-5A-4, no person shall solicit the purchase or sale of or offer to sell or purchase any commodity under any commodity contract or under any commodity option or offer to enter into as seller or purchaser any commodity contract or any commodity option. 10-5A-3. The prohibitions in Code Section 10-5A-2 shall not apply to any transaction offered by and in which any of the following persons or any employee, officer, or director thereof acting solely in that capacity is the purchaser or seller: (1) A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;

Page 1641

(2) A person registered with the Securities and Exchange Commission as a broker-dealer whose activities require such registration; (3) A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in paragraph (1) or (2) of this Code section; (4) A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearing-house thereof; (5) A financial institution; (6) A person registered under the laws of this state as a securities broker-dealer whose activities require such registration; or (7) A person engaged in business as a bullion or precious metals dealer having and maintaining a net worth of at least $500,000.00, provided that such person has filed with the Commissioner a sworn statement, in form and substance satisfactory to the Commissioner, that such person meets the minimum net worth requirement and that such person will notify the Commissioner immediately in the event its net worth falls below $500,000.00. The exemption provided by this Code section shall not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or Commodity Futures Trading Commission rule. 10-5A-4. (a) The prohibitions in Code Section 10-5A-2 shall not apply to the following: (1) An account, agreement, or transaction within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted under the Commodity Exchange Act; (2) A commodity contract or the purchase of one or more precious metals which requires, and under which

Page 1642

the purchaser receives within seven calendar days from the date of payment in good funds of any portion of the purchase price, physical delivery of the quantity of the precious metals purchased by such payment, provided that, for purposes of this paragraph, physical delivery shall be deemed to have occurred if, within such seven-day period, such quantity of precious metals purchased by such payment is delivered (whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either (A) a financial institution, (B) a depository the warehouse receipts of which are recognized for delivery purposes for any commodity on a contract market designated by the Commodity Futures Trading Commission, (C) a storage facility licensed or regulated by the United States or any agency thereof, or (D) a depository designated by the Commissioner, and such depository (or other person which itself qualifies as a depository) issues and the purchaser receives a certificate, document of title, confirmation, or other instrument evidencing that such quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser; (3) A commodity contract solely between persons engaged in producing, processing, using commercially, or handling as merchants each commodity subject thereto or any by-product thereof; or (4) A commodity contract under which the offeree or the purchaser is a person referred to in Code Section 10-5A-3, an insurance company, or an investment company as defined in the Investment Company Act of 1940. (b) The Commissioner may issue rules, regulations, or orders prescribing the terms and conditions of all transactions and contracts covered by the provisions of this chapter which are not within the exclusive jurisdiction of the Commodity Futures Trading Commission as granted by the Commodity

Page 1643

Exchange Act, exempting any person or transaction from any provision of this chapter conditionally or unconditionally, and otherwise implementing the provisions of this chapter for the protection of purchasers and sellers of commodities. 10-5A-5. (a) No person shall engage in a trade or business or otherwise act as a commodity merchant unless such person: (1) Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired or been suspended or revoked; or (2) Is exempt from such registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission rule. (b) No board of trade shall trade or provide a place for the trading of any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission unless such board of trade has been so designated for such commodity contract or commodity option and such designation shall not have been vacated, suspended, or revoked. 10-5A-6. No person shall directly or indirectly: (1) Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme, or artifice to defraud any other person; (2) Willfully make any false report, enter any false record, or make any untrue statement of a material fact or fail to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; (3) Engage in any transaction, act, practice, or course of business, including, without limitation, any form

Page 1644

of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or (4) Willfully misappropriate or convert the funds, security, or property of any other person in connection with the solicitation of a purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into, or the entry into of any commodity contract or commodity option subject to the provisions of Code Section 10-5A-2, Code Section 10-5A-3, or paragraph (2) or (4) of subsection (a) of Code Section 10-5A-4. 10-5A-7. (a) The act, omission, or failure of any official, agent, or other person acting for any individual, association, partnership, corporation, or trust within the scope of his employment or office shall be deemed the act, omission, or failure of such individual, association, partnership, corporation, or trust, as well as of such official, agent, or other person. (b) Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer, or director of such other person, every person occupying a similar status or performing similar functions, and every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this subsection sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. 10-5A-8. Nothing in this chapter shall impair, derogate, or otherwise affect the authority or powers of the Commissioner under Chapter 5 of this title, known as the `Georgia Securities Act of 1973,' or the application of any provision of such chapter to any person or transaction subject to such chapter. 10-5A-9. This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts, and to maximize coordination

Page 1645

with federal laws and the laws of other states and the administration and enforcement thereof. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter. ARTICLE 2 10-5A-20. (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 under this chapter; (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. Such subpoenas may be served by registered or certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Commissioner or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or papers resides or is found. The fees and mileage of the

Page 1646

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 commissioner 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 any 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) 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 granted to the Commissioner in this Code section. 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 the reasonable expense of reproducing the transcript. All recommendations of the investigative agents shall be advisory only and shall not have the effect of an order of the Commissioner. (e) In any case where a hearing is conducted by an investigative agent, he shall submit to the Commissioner a 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,

Page 1647

modified, or disapproved by the Commissioner. The Commissioner may direct an investigative agent to take additional testimony or permit introduction of further documentary evidence. (f) In addition to any other hearings and investigations which the Commissioner is authorized or required to hold by this chapter, 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. (g) 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. 10-5A-21. (a) If the Commissioner believes, whether or not based upon an investigation conducted under Code Section 10-5A-20, that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule or order issued under this chapter, the Commissioner may: (1) Issue a cease and desist order; (2) Issue an order imposing a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; or (3) Initiate any of the actions specified in subsection (b) of this Code section.

Page 1648

(b) The Commissioner may institute any of the following actions in the appropriate courts of this state or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available: (1) A declaratory judgment; (2) An action for a prohibitory or mandatory injunction to enjoin the violation of and to ensure compliance with this chapter or any rule or order of the Commissioner; (3) An action for disgorgement; or (4) An action for appointment of a receiver or conservator for the defendant or the defendant's assets. 10-5A-22. (a) (1) Upon a proper showing by the Commissioner that a person has violated, or is about to violate, any provision of this chapter or any rule or order of the Commissioner, a superior court of appropriate jurisdiction may grant appropriate legal or equitable remedies. (2) Upon a showing of a violation of this chapter or a rule or order of the Commissioner, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies: (A) Imposition of a civil penalty in an amount which may not exceed $10,000.00 for any single violation or $100,000.00 for multiple violations in a single proceeding or a series of related proceedings; (B) Disgorgement; (C) Declaratory judgment; (D) Restitution to investors wishing restitution; and (E) Appointment of a receiver or conservator for the defendant or the defendant's assets.

Page 1649

(3) Appropriate remedies when the defendant is shown only about to violate this chapter or a rule or order of the Commissioner shall be limited to: (A) A temporary restraining order; (B) A temporary or permanent injunction; (C) A writ of prohibition or mandamus; or (D) An order appointing a receiver or conservator for the defendant or the defendant's assets. (b) The court shall not require the Commissioner to post a bond in any official action under this chapter. (c) (1) Upon a proper showing by the commissioner or securities or commodity agency of another state that a person other than a government or governmental agency or instrumentality has violated, or is about to violate, any provision of the commodity act of that state or any rule or order of the commissioner or securities or commodity agency of that state, a superior court of appropriate jurisdiction may grant appropriate legal and equitable remedies. (2) Upon a showing of a violation of the securities or commodity act of a foreign state or a rule or order of the commissioner or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or mandamus, may grant the following special remedies: (A) Disgorgement; and (B) Appointment of a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state. (3) Appropriate remedies when the defendant is shown only about to violate the securities or commodity

Page 1650

act of the foreign state or a rule or order of the commissioner or securities or commodity agency of the foreign state shall be limited to: (A) A temporary restraining order; (B) A temporary or permanent injunction; (C) A writ of prohibition or mandamus; or (D) An order appointing a receiver, conservator, or ancillary receiver or conservator for the defendant or the defendant's assets located in this state. 10-5A-23. For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, in the county of any violator's principal place of business in this state, in the county of the issuer's principal place of business in this state, and in any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, or other material or objects which were used in furtherance of the violation. 10-5A-24. (a) This chapter shall be administered by the office of the Secretary of State who is designated Commissioner of Securities. (b) The Commissioner shall have authority to employ examiners, clerks, stenographers, and other employees as the administration of that portion of this chapter vested in him may require. The commissioner shall also have authority to appoint and employ investigators who shall have, in any case that there is reason to believe a violation of this chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants. (c) The Commissioner and any persons employed by him shall be paid, in addition to their regular compensation, the

Page 1651

transportation, board, lodging, and other travel expenses necessary and actually incurred by each of them in the performance of their duties under this chapter. (d) The Commissioner shall appoint, with the approval of the Governor, a person as assistant commissioner and delegate such of his powers and duties under this chapter to such assistant commissioner as he desires. (e) Neither the Commissioner nor any employees of the Commissioner shall use any information which is filed with or obtained by the Commissioner which is not public information for personal gain or benefit, nor shall the Commissioner or any employees of the Commissioner conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate such information. (f) (1) Except as provided in paragraph (2) of this subsection, all information collected, assembled, or maintained by the Commissioner is public information and is available for examination by the public. (2) The following are exceptions to paragraph (1) of this subsection and are deemed to be confidential: (A) Information obtained in private investigations pursuant to Code Section 10-5A-20; (B) Information designated as confidential by any rule, regulation, or order of the Commissioner; and (C) Information obtained from federal agencies which may not be disclosed under federal law. (3) The Commissioner in his discretion may disclose any information made confidential under subparagraph (A) of paragraph (2) of this subsection to persons identified in subsection (a) of Code Section 10-5A-25. (4) No provision of this chapter either creates or derogates any privilege which exists at common law, by

Page 1652

statute, or otherwise when any documentary or other evidence is sought under a subpoena directed to the Commissioner or any employee of the Commissioner. 10-5A-25. (a) To encourage uniform application and interpretation of this chapter and securities regulation and enforcement in general, the Commissioner and the employees of the Commissioner may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory, or such other agencies administering laws similar to this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies, and any governmental law enforcement agency. (b) The cooperation authorized by subsection (a) of this Code section shall include, but need not be limited to, the following: (1) Making joint examinations or investigations; (2) Holding joint administrative hearings; (3) Filing and prosecuting joint litigation; (4) Sharing and exchanging personnel; (5) Sharing and exchanging information and documents; (6) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes, and releases; and (7) Issuing and enforcing subpoenas at the request of the agency administering laws similar to this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission, or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.

Page 1653

10-5A-26. The Commissioner shall have the power to make such rules and regulations from time to time as he may deem necessary and proper for the enforcement of this chapter. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 10-5A-27. (a) Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to sell or solicit a purchase when: (1) An offer to sell or solicitation of a purchase is made in this state; or (2) An offer to sell or solicitation of a purchase is made and accepted in this state. (b) Code Sections 10-5A-2, 10-5A-5, and 10-5A-6 apply to persons who offer to buy or solicit a sale when: (1) An offer to buy or solicitation of a sale is made in this state; or (2) An offer to buy or solicitation of a sale is made and accepted in this state. (c) For the purpose of this Code section, an offer to sell or to buy or a solicitation of a purchase or sale is made in this state, whether or not either party is then present in this state, when the offer or solicitation: (1) Originates from this state; or (2) Is directed by the offeror or solicitor to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer or solicitation. (d) For the purpose of this Code section, an offer to buy or to sell or solicitation of a sale or purchase is accepted in this state when acceptance: (1) Is communicated to the offeror or solicitor in this state; and

Page 1654

(2) Has not previously been communicated to the offeror or solicitor, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror or solicitor in this state, reasonably believing the offeror or solicitor to be in this state and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance. (e) An offer to sell or to buy or solicitation of a purchase or sale is not made in this state when: (1) The publisher circulates or there is circulated on his behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation which is not published in this state, or which is published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or (2) A radio or television program originating outside this state is received in this state. 10-5A-28. (a) The Commissioner shall commence an administrative proceeding under this chapter by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or conclusions of law, but must be in writing. (b) Upon entry of a notice of intent or summary order, the Commissioner shall promptly notify all interested parties that the notice or summary order has been entered and the reasons therefor. If the proceeding is pursuant to a notice of intent, the Commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice. If the proceeding is pursuant to a summary order, the Commissioner shall inform all interested parties that they have 30 business days from the entry of the order to file a written request for a hearing on the matter with the Commissioner and that the hearing will be scheduled to commence

Page 1655

within 30 business days after the receipt of the written request. (c) If the proceeding is pursuant to a summary order, the Commissioner, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the Commissioner's own motion. (d) If no hearing is requested and none is ordered by the Commissioner, the summary order will automatically become a final order after 30 business days. (e) If a hearing is requested or ordered, the Commissioner, after notice of, and opportunity for, hearing to all interested persons, may modify or vacate the order or extend it until final determination. (f) No final order or order after hearing may be returned without: (1) Appropriate notice to all interested persons; (2) Opportunity for hearing by all interested persons; and (3) Entry of written findings of fact and conclusions of law. Every hearing in an administrative proceeding under this chapter shall be public unless the Commissioner grants a request joined in by all the respondents that the hearing be conducted privately. 10-5A-29. (a) Any person aggrieved by a final order of the Commissioner may obtain a review of the order in a superior court of appropriate jurisdiction by filing in court, within 60 days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. A copy of the petition for review shall be served upon the Commissioner. (b) Upon the filing of a petition for review, except where the taking of additional evidence is ordered by the court

Page 1656

pursuant to subsection (e) or (f) of this Code section, the court shall have exclusive jurisdiction of the matter, and the Commissioner may not modify or set aside the order, in whole or in part. (c) The filing of a petition for review under subsection (a) of this Code section does not, unless specifically ordered by the court, operate as a stay of the Commissioner's order, and the Commissioner may enforce or ask the court to enforce the order pending the outcome of the review proceedings. (d) Upon receipt of the petition for review, the Commissioner shall certify and file in the court a copy of the order and the transcript or record of the evidence upon which it was based. If the order became final by operation of law under subsection (d) of Code Section 10-5A-28, the Commissioner shall certify and file in court the summary order and evidence of its service upon the parties to it and an affidavit certifying that no hearing has been held and that the order became final pursuant to subsection (d) of Code Section 10-5A-28. (e) If either the aggrieved party or the Commissioner applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the Commissioner or other good cause, the court may order the additional evidence to be taken by the Commissioner under such conditions as the court considers proper. (f) If new evidence is ordered taken by the court, the Commissioner may modify the findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order. (g) The court shall review the petition based upon the original record before the Commissioner as amended under subsections (e) and (f) of this Code section. The findings of the Commissioner as to the facts, if supported by competent, material, and substantive evidence, are conclusive. Based upon this review, the court may affirm, modify, enforce, or set aside the order, in whole or in part.

Page 1657

10-5A-30. It shall not be necessary to prove the negative as to any of the exemptions of this chapter in any complaint, information, indictment, writ, or proceeding brought under this chapter; and the burden of proof of any such exemption shall be upon the party claiming the same. 10-5A-31. (a) Any person who willfully violates any provision of this chapter shall be guilty of a felony and, upon conviction, shall be fined not more than $50,000.00 or imprisoned for not more than ten years, or both, for each violation. (b) The Commissioner may refer such evidence as is available concerning violations of this chapter or any rule or order of the Commissioner to the Attorney General or the proper district attorney, who may, with or without such a reference from the Commissioner, institute the appropriate criminal proceedings under this chapter. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. FAIR BUSINESS PRACTICES ACT OF 1975UNFAIR OR DECEPTIVE PRACTICES; PROMOTIONAL SCHEMES; VACATIONS; PRIZES. Code Section 10-1-393 Amended. No. 1415 (House Bill No. 1370). AN ACT To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, so as to provide that certain representations or implications in connection with certain promotional schemes designed to make contact with prospective customers

Page 1658

shall be declared unfair or deceptive acts or practices and shall be unlawful; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to certain unfair or deceptive practices in consumer transactions, is amended by deleting or at the end of paragraph (19) of subsection (b), by striking the period at the end of paragraph (20) of subsection (b) and inserting in its place ;, and by adding two new paragraphs immediately following paragraph (20) of subsection (b), to be designated paragraphs (21) and (22), to read as follows: (21) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that: (A) A person is winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is a promotional scheme designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or (B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless: (i) The item represented includes all transportation, meals, and lodging; or (ii) The representation specifically describes any transportation, meals, or lodging which are not included.

Page 1659

The provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection; or (22) Except as provided in paragraph in paragraph (16) of this subsection, no participant shall be required to purchase any additional goods or services in order to qualify for the prize offered in the promotional giveaway or contest. Any promotion which requires a participant to purchase additional goods or services to claim a prize which is purported to have been awarded to such person shall be unlawful. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. FAIR BUSINESS PRACTICES ACT OF 1975ACTIONS; INJUNCTIONS; DAMAGES; PRACTICES AND PROCEDURES; APPEALS; INVESTIGATIVE DEMANDS; CIVIL PENALTIES. Code Title 10, Chapter 1, Article 15, Part 2 Amended. No. 1416 (House Bill No. 1405). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act of 1975, so as to change and revise extensively the provisions relating to actions by the administrator the provisions relating to actions by the administrator of the Fair Business Practices Act of 1975 to restrain or enjoin certain unlawful methods, acts, or practices; to change and revise entensively the provsions relating to certain actions by the administrator for general damages; to provide for notice and hearing procedures and authority; to provide for procedures for appeals from orders of the administrator; to delete certain provisions relating to complaints for orders of the court modifying

Page 1660

or setting aside certain investigative demands; to provide for grounds for objecting to certain investigative demands; to provide for court orders with respect to such demands; to change certain provisions relating to civil penalties; 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 . Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the Fair Business Practices Act of 1975, is amended by striking Code Section 10-1-397, relating to actions by the administrator for injunctions, and inserting in its place a new Code Section 10-1-397 to read as follows: 10-1-397. (a) Whenever it may appear to the administrator 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: (1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed: (A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who wilfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Upon a showing by the administrator in any superior court of competent jurisdiction that a person has violated or is about to violate this part, a rule promulgated under this part, or an order of the administrator, the court may enter or grant any or all of the following relief:

Page 1661

(A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable. (b) Unless the administrator determines that a person subject to this part designs quickly to depart from this state or to remove his property therefrom or to conceal himself or his property therein or that there is immediate danger of harm to citizens of this state or of another state, he shall, before initiating any proceedings as provided in this Code section, give notice in writing that such proceedings are contemplated and allow such person a reasonable opportunity to appear before the administrator and execute an assurance of voluntary compliance as provided in this part. The determination of the administrator under this subsection shall be final and not subject to judicial review. (c) 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. (d) When a receiver is appointed by the court pursuant to this part, he shall have the power to sue for, collect, receive, and take into his possession all the goods and chattels, rights and credits, moneys and effects, lands and tenements, books,

Page 1662

records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which such property has been mingled if it cannot be identified in kind because of such commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds thereof under the direction of the court. In the case of a partnership or business entity, the receiver may, in the discretion of the court, be authorized to dissolve the business and distribute the assets under the direction of the court. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. Section 2 . Said part is further amended by striking Code Section 10-1-398, relating to actions by the administrator for damages, which reads as follows: 10-1-398. The administrator may bring an action in a representative capacity to recover general, but not punitive, damages on behalf of any person or persons entitled to bring an action in his or their own behalf pursuant to subsection (a) of Code Section 10-1-399, provided that each party represented shall be individually listed as a party to the action., and inserting in its place a new Code Section 10-1-398 to read as follows: 10-1-398. (a) Any person receiving a cease and desist order from the administrator, and who demonstrates in any superior court of competent jurisdiction, after petition to the court and notice to the administrator, that such order will unlawfully cause him irreparable harm, shall receive a temporary stay of the order pending the court's review of that order. Such temporary stay shall not exceed 30 days, during which time the court will review the order to determine if an interlocutory stay will be issued pending a final judicial determination of the issues. (b) Where the administrator has issued any order prohibiting any unfair or deceptive act or practice, he shall promptly send by certified or registered mail or by personal service to the person or persons so prohibited a notice of

Page 1663

opportunity for hearing. Hearings shall be conducted pursuant to this Code section by the administrator. Such notice shall state: (1) The order which has issued and which is proposed to be issued; (2) The ground for issuing such order and proposed order; (3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice; and (4) That the person to whom such notice is sent may obtain a temporary stay of the order upon a showing of irreparable harm in any superior court of competent jurisdiction. (c) Whenever a person requests a hearing in accordance with this Code section, there shall promptly be set a date, time, and place for such hearing and the person requesting such hearing shall be notified thereof. The date set for such hearings shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the administrator and the person requesting the hearing. (d) In the case of any hearing conducted under this Code section, the administrator may conduct the hearing or he may appoint a referee to conduct the hearing who shall have the same powers and authority in conducting the hearing as are in this Code section granted to the administrator. The referee shall have been admitted to the practice of law in this state and possess such additional qualifications as the administrator may require. (e) The administrator or referee authorized to hold a hearing shall have authority to do the following: (1) Administer oaths and affirmations; (2) Sign and issue subpoenas;

Page 1664

(3) Rule upon offers of proof; (4) Regulate the course of the hearing, set the time and place for continued hearings, and fix the time for filing briefs; (5) Dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; (6) Dispose of motions to amend or to intervene; (7) Provide for the taking of testimony by deposition or interrogatory; and (8) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the agency or the referee. (f) Subpoenas shall be issued without discrimination between public and private parties. When a subpoena is disobeyed, any party may apply to the superior court of the county where the hearing is being heard for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court. The costs of securing the attendance of witnesses, including fees and mileage, shall be computed and assessed in the same manner as prescribed by law in civil cases in the superior court. (g) A record shall be kept in each contested case and shall include: (1) All pleadings, motions, and intermediate rulings; (2) A summary of the oral testimony plus all other evidence received or considered except that oral proceedings or any part thereof shall be transcribed or recorded upon request of any party. Upon written request therefor, a transcript of the oral proceedings or any part thereof shall be furnished to any party of the proceedings. The administrator shall set a uniform fee for such service; (3) A statement of matters officially noticed;

Page 1665

(4) Questions and offers of proof and rulings thereon; (5) Proposed findings and exceptions; (6) Any decision, including any initial, recommended, or tentative decision, opinion, or report by the officer presiding at the hearing; and (7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case. (h) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (i) If the administrator does not receive a request for a hearing within the prescribed time where he has issued an order prohibiting any unfair or deceptive act or practices, he may permit an order previously entered to remain in effect or he may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the administrator shall issue a written order which shall: (1) Set forth his findings with respect to the matters involved; and (2) Enter an order in accordance with his findings. (j) The administrator may promulgate such procedural rules and regulations as may be necessary for the effective administration of the authority granted to the administrator under this Code section. Section 3 . Said part is further amended by adding a new Code section immediately following Code Section 10-1-398, to be designated Code Section 10-1-398.1, to read as follows: 10-1-398.1. (a) An appeal may be taken from any order of the administrator resulting from a hearing held in accordance with Code Section 10-1-398 by any person adversely affected thereby to the Superior Court of Fulton County by serving on the administrator, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:

Page 1666

(1) The order from which the appeal is taken; and (2) The ground upon which a reversal or modification of the order is sought. (b) The court shall not substitute its judgment for that of the administrator as to the weight of the evidence on questions of fact. The court may affirm the decision of the administrator 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 administrator; (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 4 . Said part is further amended by striking Code Section 10-1-403, relating to investigations and demands for evidence, and inserting in its place a new Code Section 10-1-403 to read as follows: 10-1-403. (a) When it reasonably appears to the administrator that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when he believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, he may, with the consent of the

Page 1667

Attorney General, execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand requiring such person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which he has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination at such reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation. (b) If a matter that the administrator makes the subject of an investigative demand is located outside the state, the person receiving the investigative demand may either make it available to the administrator at a convenient location within this state or pay the reasonable and necessary expenses for the administrator or his representative to examine the matter at the place where it is located. The administrator may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf; and he may respond to similar requests from officials of other states. (c) (1) Each such investigative demand shall state the nature of the conduct constituting the alleged violation of this part which is under investigation and the provision of law applicable thereto; describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; describe the nature, scope, and purpose of the investigation with such definiteness and certainty as to permit any person whose testimony is sought to be fairly appraised of the subject matter of the inquiry; prescribe a return date which will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying or reproduction and the person or persons whose testimony is sought may prepare for the same; and identify the person to whom such material shall be made available.

Page 1668

(2) No such investigative demand shall: (A) Contain any requirement which would be held to be unreasonable as contained in a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation; or (B) Require the production of any documentary evidence or oral testimony which would be privileged from disclosure if demanded by a subpoena for the production of documentary evidence issued by a court of this state in aid of a grand jury investigation of such alleged violation; Provided, however, that the limitations on the scope of demand contained in this paragraph do not require as a condition to the issuance of an investigative demand that the alleged violation be of sufficient seriousness as to constitute a violation of the criminal laws of this state, as opposed to the civil provisions of this part. Section 5 . Said part is further amended by striking subsection (b) of Code Section 10-1-404, relating to subpoena and hearing powers of the administrator, and inserting in its place a new subsection (b) to read as follows: (b) Upon failure of a person without lawful excuse to obey an investigative demand or subpoena, the administrator may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the investigative demand or subpoena on grounds that it fails to comply with this part or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such demand or subpoena or directing compliance with the original demand or subpoena. Section 6 . Said part is further amended by striking Code Section 10-1-405, relating to violations and civil penalties, and inserting in its place a new Code Section 10-1-405 to read as follows: 10-1-405. (a) Any person who violates the terms of an injunction issued under Code Section 10-1-397 shall forfeit

Page 1669

and pay to the state a civil penalty of not more than $25,000.00 per violation. For purposes of this Code section, the superior court issuing an injunction shall retain jurisdiction and the cause shall be continued and in such cases the administrator, acting in the name of the state, may petition for recovery of civil penalties. (b) In the case of a continuing violation under this part, each day shall be regarded as a separate violation. (c) Any intentional violation by a corporation, partnership, or association shall be deemed to be also that of the individual directors, officers, partners, employees, or agents of the corporation, partnership, or association who had actual knowledge of the acts constituting the violation and who directly authorized, supervised, ordered, or did any of the acts constituting in whole or in part the violation; provided, however, no such individual directors, officers, partners, employees, or agents shall have any individual liability under this subsection unless the corporation, partnership, or association, as the case may be, which has committed the intentional violation shall fail to pay into the court within 30 days after judgment sufficient moneys or assets to satisfy the judgment. (d) The administrator shall have the authority to compromise or settle claims for penalty brought under this Code section. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1670

HEALTHRADIATION CONTROL; DEFINITIONS; LICENSES; USERS OF RADIOACTIVE MATERIALS; REGISTRATION OF RADIATION GENERATING EQUIPMENT; PROHIBITED USES OF SOURCES OF RADIATION. Code Title 31, Chapter 13 Amended. No. 1417 (House Bill No. 1411). AN ACT To amend Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, so as to change certain definitions; to provide for licensing of users of radioactive materials other than by-product, source, and special nuclear materials as sources of ionizing radiation; to provide for registering of radiation generating equipment; to provide for denial, suspension, or revocation of a registration; to specify certain prohibited uses of sources of radiation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 13 of Title 31 of the Official Code of Georgia Annotated, relating to radiation control, is amended by striking in its entirety Code Section 31-13-3, relating to definitions, and inserting in its place a new Code Section 31-13-3 to read as follows: 31-13-3. As used in this chapter, the term: (1) `Accelerator produced radioactive material' means any material made radioactive by a particle accelerator. (1.1) `By-product material' means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

Page 1671

(1.2) `Department' means the Department of Human Resources. (2) `Director' means the director of the Division of Environmental Protection of the Department of Natural Resources. (3) `General license' means a license effective pursuant to rules and regulations promulgated by the department without the filing of an application, to transfer, acquire, own, possess, or use quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially or devices, radiation generating equipment, or equipment utilizing such materials. (4) `Ionizing radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons, and other nuclear particles; but not sound or radio waves or visible, infrared, or ultraviolet light. (4.1) `Naturally occurring radioactive material' means radioactive material occurring naturally in the environment. (4.2) `Nonionizing radiation' means: (A) Any electromagnetic radiation other than ionizing electromagnetic radiation; or (B) Any sonic, ultrasonic, or infrasonic wave. (5) `Permissible radiation exposure' means the maximum amount of radiation to which an individual may be exposed, as established in standards adopted by the department. (6) `Person' means any individual, corporation, partnership, association, trust, estate, public or private institution, agency or political subdivision of this state, or any other state or political subdivision or agency thereof. (7) `Radiation' means gamma rays and X-rays, alpha and beta particles, high-speed electrons, protons, neutrons,

Page 1672

and other nuclear particles, and electromagnetic radiation consisting of associated and interacting electric and magnetic waves with frequencies between 1x109 hertz and 1x1024 hertz and wavelengths between 3x 10-1 meters and 3x10-16 meters. (8) `Radiation generating equipment' means any manufactured product or device, or component part of such a product or device, or any machine or system which during operation can generate or emit radiation, except those which emit radiation only from radioactive material. (9) `Radioactive material' means any solid, liquid, or gas that emits ionizing radiation spontaneously. It includes accelerator produced, by-product, naturally occurring, source, and special nuclear material. (9.1) `Registration' means registration with the department in accordance with rules and regulations adopted pursuant to this chapter. (10) `Source material' means (A) uranium, thorium, and any other material which the department declares to be source material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such; or (B) ores containing one or more of the foregoing materials, in such concentration as the department declares to be source material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material in such concentration to be source material. (11) `Special nuclear material' means (A) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the department declares to be special nuclear material after the Nuclear Regulatory Commission, or any successor thereto, has determined the material to be such, but does not include source material; or (B) any material artificially enriched by any of the foregoing, but does not include source material. (12) `Specific license' means a license, issued after application, to use, manufacture, produce, transfer, receive,

Page 1673

acquire, own, or possess quantities of by-product, source, or special nuclear materials, or other radioactive material occurring naturally or produced artificially, or devices or equipment utilizing such materials. Section 2 . Said chapter is further amended by striking in their entirety subsections (a) and (c) of Code Section 31-13-5, relating to the powers and duties of the department, and inserting in their respective places new subsections (a) and (c) to read as follows: (a) For the protection of the public health and safety, the department is empowered to: (1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs for regulation of by-product, source, and special nuclear materials; (2) Advise, consult, and cooperate with other public agencies and with affected groups and industries; (3) Encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the effect upon public health and safety of exposure to radiation, and related problems; provided, however, the Division of Environmental Protection of the Department of Natural Resources is designated as the state agency which shall represent the state in any proceeding or hearing before the United States Nuclear Regulatory Commission, or any successor thereto, involving any licensing of a production or utilization facility or any environmental impact statement relative thereto; (4) Adopt, promulgate, amend, and repeal such rules, regulations, and standards which may provide for licensing or registration relating to the distribution, assembly, manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation generating

Page 1674

equipment as may be necessary to carry out this chapter, provided that prior to adoption of any regulation or standard, or amendment or repeal thereof, the department shall afford interested parties an opportunity, at a public hearing conducted as provided in Article 1 of Chapter 5 of this title, to submit data or views orally or in writing. The recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration when formulating standards relative to the permissible dosage of radiation; (5) Issue, modify, or revoke orders, in connection with proceedings under this chapter, prohibiting or abating the discharge of ionizing radiation and radioactive material or waste into the ground, air, or waters of the state, except that the department shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency; (6) Require the submission of plans, specifications, and reports for new construction and material alterations on (A) the design and protective shielding of installations for radioactive material and radiation generating equipment; and (B) systems for the disposal of radioactive waste materials and for the determination of any ionizing hazard; and render opinions, approve, or disapprove such plans and specifications; (7) Require all sources of ionizing radiation to be shielded, transported, handled, used, stored, or disposed of in such a manner to provide compliance with this chapter and rules, regulations, and standards adopted thereunder; (8) Collect and disseminate information relating to the control of sources of radiation, including but not limited to (A) maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (B) maintenance of a file of registrants possessing sources of radiation requiring registration under this chapter, regulations thereunder, and any administrative or judicial action pertaining thereto;

Page 1675

(9) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the department determines that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public; (10) Adopt and promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses as the department shall deem desirable, subject to such registration requirements as it may prescribe; and (11) Exercise all incidental powers necessary to administer this chapter. (c) The department is authorized to enter into agreements with the federal government, other states, or interstate agencies, whereby this state will perform, on a cooperative basis with the federal government, other states, or interstate agencies, inspections and other functions related to the control of radiation. Section 3 . Said chapter is further amended by striking in its entirety Code Section 31-13-8, relating to licensing of users of by-product, source, and special nuclear materials as sources of ionizing radiation, and inserting in its place a new Code Section 31-13-8 to read as follows: 31-13-8. (a) The Governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain responsibilities of the federal government with respect to sources of ionizing radiation and the assumption of such responsibilities by this state. (b) Upon the signing of the contract as provided in subsection (a) of this Code section, the department shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials. Such rule or regulation shall provide

Page 1676

for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the department and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the department may deem necessary. No license issued under the authority of this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter. Section 4 . Said chapter is further amended by adding immediately following Code Section 31-13-8 three new Code sections, to be designated Code Section 31-13-8.1, Code Section 31-13-8.2, and Code Section 31-13-8.3, to read as follows: 31-13-8.1. The department shall provide by rule or regulation for general or specific licensing of persons to use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radioactive material other than by-product, source, or special nuclear materials or devices, installations, or equipment utilizing such materials. Such rule or regulation shall provide for amendment, suspension, or revocation of licenses. Each application for a specific license shall be in writing on forms prescribed and furnished by the department and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department may require any applications or statements to be made under oath or affirmation. Each license shall be in such form and contain such terms and conditions as the department may deem necessary. No license issued under the authority of

Page 1677

this chapter and no right to possess or utilize sources of ionizing radiation granted by any license shall be assigned or in any manner disposed of; and the terms and conditions of all licenses shall be subject to amendment, revision, or modification by rules, regulations, or orders issued in accordance with this chapter. 31-13-8.2. The department shall be solely responsible for the licensing of diagnostic and therapeutic medical uses of radioactive materials. Prior to issuing, reissuing, or renewing any license other than for diagnostic and therapeutic medical uses of radioactive materials pursuant to this Code section, the department shall obtain the concurrence of the director of the Division of Environmental Protection of the Department of Natural Resources on any such nonmedical license which the department determines, if issued, will result or may result in the release of radioactive material into the environment in such a quantity as to violate any standard, limitation, or requirement established by the Division of Environmental Protection regarding such material. 31-13-8.3. The department is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, distribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation generating equipment. Such rule or regulation shall provide for suspension or revocation of registration. Each application for registration shall be in writing on forms prescribed and furnished by the department and shall state such information and be accompanied by such documents, including, but not limited to, plans, specifications, and reports for new construction or material alterations, as the department may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The department may require any applications or statements to be made under oath or affirmation. No registration issued under the authority of this chapter and no right to possess or utilize radiation generating equipment granted by any registration shall be assigned or in any manner disposed of without prior notification to the department. Section 5 . Said chapter is further amended by striking in its entirety Code Section 31-13-10, relating to suspension,

Page 1678

revocation, amendment of license, emergency orders, and review, and inserting in its place a new Code Section 31-13-10 to read as follows: 31-13-10. (a) The department may refuse to grant a license or to register radiation generating equipment as provided in Code Section 31-13-8, 31-13-8.1, 31-13-8.2, or 31-13-8.3 to any applicant who does not possess the requirements or qualifications which the department may prescribe in rules and regulations. The department may suspend, revoke, or amend any license or registration in the event the person to whom such license or registration was granted violates any of the rules and regulations of the department or ceases or fails to have the reasonable facilities prescribed by the department, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title. (b) Whenever the department finds that an emergency exists involving any licensee or registrant requiring immediate action to protect the public health and safety, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the department shall be afforded a hearing within ten days. On the basis of such hearing, the emergency order shall be continued, modified, or revoked within 30 days after such hearing, as the department may deem appropriate under the evidence. (c) Any applicant or person to whom a license or registration was granted who is aggrieved by any order of the department or its duly authorized agent denying any such application or suspending, revoking, or amending such license or registration may appeal such action pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'.

Page 1679

Section 6 . Said chapter is further amended by striking in its entirety Code Section 31-13-14, relating to prohibited uses of sources of radiation, and inserting in its place a new Code Section 31-13-14 to read as follows: 31-13-14. It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be licensed or registered under this chapter unless licensed by or registered with the department in accordance with this chapter and rules and regulations adopted and promulgated hereunder. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. WORKERS' COMPENSATIONCERTIFICATIONS OF CORPORATE OFFICERS; STATE BOARD OF WORKERS' COMPENSATION; SUBPOENAS; WRITS OF FIERI FACIAS; PERSONNEL OF THE BOARD; MINIMUM ASSESSMENTS; INSPECTIONS; PARTIAL LUMP SUM ADVANCE PAYMENTS. Code Title 34, Chapter 9 Amended. No. 1418 (House Bill No. 1437). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that certifications of corporate officers shall be filed with insurers; to grant the State Board of Workers' Compensation certain powers to enforce subpoenas; to authorize the board to issue writs of fieri facias; to change the designation of the position of deputy director to administrative law judge; to provide for the position

Page 1680

of executive director; to abolish the position of secretary-treasurer; to provide for editorial changes; to provide for assistants of the board; to provide for compensation of board members and other employees of the board; to remove certain references to the Commissioner of Labor; to authorize the board to establish minimum assessments; to clarify provisions regarding the power of said board to inspect places of employment and records contained therein; to provide a method of calculating partial lump sum advance payments and interest thereon; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 0.5 . Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking in its entirety the second paragraph of paragraph (2) of Code Section 34-9-1, relating to definitions of terms used in workers' compensation, and inserting in lieu thereof a new paragraph to read as follows: Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article. Section 1 . Said chapter is further amended by striking Code Section 34-9-2.1, relating to the election by corporate officers to be exempt from workers' compensation insurance coverage, and inserting in its place a new Code Section 34-9-2.1 to read as follows: 34-9-2.1. (a) A corporate officer who elects to be exempt from coverage under this chapter shall make such election by giving written certification to the insurer or, if there is no insurer, to the State Board of Workers' Compensation. (b) A corporate officer who has exempted himself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect

Page 1681

in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until 30 days after it is filed with the proper entity. Section 2 . Said chapter is further amended by striking subsection (d) of Code Section 34-9-12, relating to employers' records of injuries, and inserting in its place a new subsection (d) to read as follows: (d) Any employer who refuses or willfully neglects to make the report required by subsection (a) of this Code section shall be subject to a penalty of not more than $100.00 for each refusal or instance of willful neglect, to be assessed by the board, a member, or an administrative law judge in an open hearing, with the right of review as in other cases. In the event the employer has sent the report to the insurance carrier for forwarding to the board, the insurance carrier willfully neglecting or failing to forward the report shall be liable and shall pay the penalty. Section 3 . Said chapter is further amended by striking Code Section 34-9-20, relating to the offense of giving false testimony to a member of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-20 to read as follows: 34-9-20. Any person who shall knowingly make, give, or produce any false statements or false evidence, under oath, to any member of the board or to any administrative law judge commits the offense of perjury. Section 4 . Said chapter is further amended by striking Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-40 to read as follows: 34-9-40. There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years.

Page 1682

Each member shall hold office until his successor shall have been appointed and qualified. An individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. Section 5 . Said chapter is further amended by striking Code Section 34-9-47, relating to the appointment and powers of deputy directors, and inserting in its place a new Code Section 34-9-47 to read as follows: 34-9-47. The board may appoint administrative law judges from time to time as needed to carry out all duties assigned by the board. Administrative law judges shall serve as hearing officers and exercise judicial functions in implementing this chapter and shall have the power to subpoena witnesses and administer oaths and may take testimony in such cases as the board may deem proper. An administrative law judge so hearing a case shall make the award just as would a member of the board as provided elsewhere in this chapter, such award to be subject to review and appeal as is the award of a single member of the board. The members of the board or administrative law judges or any one of them may hold such sessions as may be deemed necessary at any place within the state, subject to the other provisions of this chapter. Administrative law judges may be appointed by the board to serve as a member of the board to review cases on appeal; however, not more than one administrative law judge shall serve as a member of the board on any case. All deputy directors of the board serving on July 1, 1988, shall thereafter be known as administrative law judges. Section 6 . Said chapter is further amended by striking Code Section 34-9-48, relating to the designation of members and deputy directors as administrative law judges, and inserting in its place a new Code Section 34-9-48 to read as follows: 34-9-48. All members of the board are designated as administrative law judges for the purposes of serving as hearing officers and exercising judicial functions in the implementation of this chapter.

Page 1683

Section 7 . Said chapter is further amended by striking Code Section 34-9-49, relating to the appointment and removal of the director of administration, and inserting in its place a new Code Section 34-9-49 to read as follows: 34-9-49. (a) There is created the position of executive director of the board. The executive director shall be both appointed and removed by the board. Subject to the general policy established by the board, the executive director shall: (1) Plan, organize, direct, supervise, account for, and execute the administrative functions vested in the board; and (2) Employ such clerical and other assistants as may be needed. (b) All of the salaries and expenses of the board members, executive director, administrative law judges, and assistants of the board shall be audited and paid out of funds appropriated by the General Assembly as prescribed by law and in accordance with rules and regulations prescribed by the board. Section 8 . Said chapter is further amended by striking Code Section 34-9-50, relating to the appointment of the secretary-treasurer, which reads as follows: 34-9-50. (a) The chairman of the board may appoint a secretary-treasurer, who shall give bond in the sum prescribed by the board and who may be removed by it. (b) The board may, subject to the approval of the Governor, employ such clerical or other assistants as may be deemed necessary. (c) All of the salaries and expenses of the members, deputy directors, and assistants of the board, including those of the chairman, shall be audited and paid out of the funds held by the secretary-treasurer according to rules and regulations prescribed by the board., and inserting in its place the following:

Page 1684

34-9-50. Reserved. Section 9 . Said chapter is further amended by striking Code Section 34-9-51, relating to the payment of traveling expenses of members of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-51 to read as follows: 34-9-51. The members, administrative law judges, and assistants of the State Board of Workers' Compensation shall be entitled to receive their actual and necessary expenses while traveling on the business of the board, either within or without the State of Georgia, but the expenses shall be sworn to by such person incurring them and shall be approved by the chairman or his designee before payment is made. Section 10 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-52, relating to the applicability of the state merit system to members and staff of the State Board of Workers' Compensation, and inserting in its place a new subsection (b) to read as follows: (b) All other officials, personnel, and employees of the board are placed under the state merit system and shall be subject to the laws, rules, and regulations relative to that system; provided, however, that, except for compensation, such laws, rules, and regulations shall not apply to the administrative law judges, whose method of appointment, removal, and terms of office shall remain as now provided by law. Section 11 . Said chapter is further amended by striking Code Section 34-9-53, relating to the position of director emeritus, and inserting in its place a new Code Section 34-9-53 to read as follows: 34-9-53. There is created the office of director emeritus of the board. Any director of the board now or hereafter in office shall be eligible for appointment as director emeritus, provided that such member of the board has reached the age of 60 years and has also attained 20 consecutive years of service in the capacity of chairman, director, deputy director or administrative law judge, member of the General Assembly, or a combination of consecutive service in these offices;

Page 1685

provided, further, that not more than five years' service in the General Assembly shall be allowed as service credit hereunder. The Governor shall appoint to the position of director emeritus anyone eligible under this Code section who shall advise the Governor in writing that he desires to resign from the office of director of the board and accept appointment as director emeritus of the board, stating in such notice the date upon which the resignation as director and appointment as director emeritus shall become effective; and upon such notice the Governor shall make such appointment effective upon the date requested, and the resignation as director of the board shall be automatically effective as of the same date as the appointment as director emeritus. Section 12 . Said chapter is further amended by striking Code Section 34-9-57, relating to the creation of the position of deputy director emeritus, and inserting in its place a new Code Section 34-9-57 to read as follows: 34-9-57. There is created the office of administrative law judge emeritus of the board. Any administrative law judge, formerly known as deputy director, of the board now or hereafter in office shall be eligible for appointment as administrative law judge emeritus, provided he has reached the age of 70 years and has either (1) attained 20 years of service in the capacity of administrative law judge or deputy director or (2) attained 20 years of total service, aggregating his service as administrative law judge or deputy director with any years of prior service as director, member of the General Assembly of Georgia or the Georgia National Guard, or as special assistant attorney general, or any combination of services in these offices. Such administrative law judge emeritus shall be eligible for appointment by the Governor in the same manner as provided for appointment of a director emeritus under Code Section 34-9-53 and shall exercise the same duties as provided in Code Section 34-9-55 for a director emeritus. All persons appointed to the office of administrative law judge emeritus as provided in this Code section shall receive an annual salary equal to one-third of the annual salary provided by law for an administrative law judge of the board at the time of appointment of the administrative law judge emeritus under this Code section, such salary to be paid by the board in semimonthly installments from funds provided by law for the operation of the board.

Page 1686

Section 13 . Said chapter is further amended by striking Code Section 34-9-59, relating to the adoption of rules of procedure by the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-59 to read as follows: 34-9-59. The board is empowered and authorized to adopt proper rules of procedure to govern the exercise of its functions and hearings before the board or any of its members or administrative law judges. Section 14 . Said chapter is further amended by striking Code Section 34-9-60, relating to the rule-making and subpoena powers of the State Board of Workers' Compensation, and inserting in its place a new Code Section 34-9-60 to read as follows: 34-9-60. (a) The board may make rules, not inconsistent with this chapter, for carrying out this chapter. Processes and procedure under this chapter shall be as summary and simple as reasonably possible; provided, however, that, in any proceeding under this chapter where the parties are represented by counsel, the board may require, by rule or regulation, on forms provided by the board, the filing of statements of contentions and points of agreement. The board, any member of the board, or any administrative law judge shall have the power for the purposes of this chapter to issue and enforce subpoenas, to administer or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. Article 2 of Chapter 10 of Title 24 shall govern the issuance and enforcement of subpoenas pursuant to this Code section, except that the board, any member of the board, or any administrative law judge shall carry out the functions of the court and the executive director shall carry out the functions of the clerk of the court. The board shall not, however, have the power to order imprisonment as a means of enforcing a subpoena. The board shall have the power to issue writs of fieri facias in order to collect fines imposed pursuant to this Code section and such writs may be enforced in the same manner as a similar writ issued by a superior court. (b) In addition to the enforcement procedures provided in subsection (a) of this Code section, the superior court of

Page 1687

the county in which the hearing is held shall, on application of the board, any member of the board, or an administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records. Section 15 . Said chapter is further amended by striking Code Section 34-9-62, relating to limitations on the power of the Commissioner of Labor, which reads as follows: 34-9-62. The Commissioner of Labor shall have no authority or power to appoint a secretary-treasurer of the board, nor shall he have any authority over the personnel of the board, including, in any circumstance, removal from office of any officer or employee of the board upon any ground whatsoever. His authority with respect to the State Board of Workers' Compensation shall be advisory only. and inserting in its place the following: 34-9-62. Reserved. Section 16 . Said chapter is further amended by striking subsection (a) of Code Section 34-9-63, relating to the proration of the annual expenses of the State Board of Workers' Compensation, and inserting in its place a new subsection (a) to read as follows: (a) The total expenses of the board shall be prorated among the qualified insurance companies writing compensation insurance in this state, hereinafter referred to as insurers, and employers subject to the provisions of this chapter whose workers' compensation insurance coverage is not written by these companies, hereinafter referred to as self-insurers, including, but not limited to, the state, counties, municipalities, and any political subdivisions or authorities thereof. Such proration shall be on the basis, in the case of insurers, of the gross earned premium and, in the case of self-insurers, on the basis of the amount of premium which they would have had to pay in the event they had insured their liability with an insurer; provided, however, the board may establish by rule a minimum assessment, based upon the administrative cost necessary to provide licensure support

Page 1688

and basic computer management reports for each insurer or self-insurer, to be paid by insurers and self-insurers whose actual prorated assessment otherwise would be less than the minimum assessment. Prorated assessments based on the experience of the previous calendar year shall be made on July 1, based on the budget of the board for that fiscal year. Section 17 . Said chapter is further amended by striking Code Section 34-9-101, relating to the appointment by the board of a physician to examine an injured employee, and inserting in its place a new Code Section 34-9-101 to read as follows: 34-9-101. The members of the board or any one of them or an administrative law judge may, upon the application of either party or upon their own motion, appoint one or more disinterested and duly qualified physicians or surgeons to make any necessary medical examination of the employee and to report or testify with respect thereto. The physicians or surgeons shall be allowed travel expenses and a reasonable fee, to be paid by either or both parties or by the state, as directed by the board, any member thereof, or an administrative law judge. Section 18 . Said chapter is further amended by striking subsections (h) and (j) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in their respective places new subsections (h) and (j) to read as follows: (h) In proceedings before the administrative law judge or the board, if any part or an agent or employee of a party disobeys or resists any lawful order or process; or neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; or refuses to appear after having been subpoenaed; or, upon appearing, refuses to take the oath or affirmation as a witness; or, after taking the oath or affirmation, refuses to testify, the administrative law judge or the board shall have the same rights and powers given the court under Chapter 11 of Title 9, the `Civil Practice Act.' If any person not a party refuses as aforesaid, the administrative law judge or the board may certify the facts to the superior court of the county where the offense is committed for appropriate action or may impose the sanctions provided in Code Section 34-9-60.

Page 1689

(j) (1) Any party subject to this chapter who is or who becomes a nonresident of this state at the time of or after the injury or death of an employee shall be deemed to have appointed irrevocably the executive director of the board as that party's agent for service of notice or any other process in any proceeding under this chapter. (2) Any notice or process served on the executive director shall have the same legal effect as if served upon the nonresident party personally within the state. (3) The executive director or his designated agent shall immediately send a copy of the notice or process by certified mail to the last known address of the nonresident party. Section 19 . Said chapter is further amended by striking Code Section 34-9-103, relating to the review of an award by board members, and inserting in its place a new Code Section 34-9-103 to read as follows: 34-9-103. (a) If an application for review is made to the board within 20 days of notice of the award, the board shall review the evidence or, if deemed advisable, shall hear the parties at issue and their representatives and witnesses as soon as practicable and shall then make and file an award in the manner specified in Code Section 34-9-102, together with its ruling of law in the case. A copy of the award so made on review shall immediately be sent to the parties at dispute. The board may remand to a single member or administrative law judge any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the board in rendering any decision or award in the case. (b) Within the time limit provided by subsection (a) of this Code section for review by the board of an award made in accordance with Code Section 34-9-102 or within the time limit provided by Code Section 34-9-105 for appeal to a superior court, upon or without the suggestion of a party to the proceedings and notwithstanding the filing of an application

Page 1690

for review or appeal, the board or any of its members or administrative law judges issuing an award shall have authority to reconsider, amend, or revise the award to correct apparent errors and omissions. Should an amended or revised award be issued, the time period for filing an application for review of the amended or revised award under subsection (a) of this Code section or for filing appeal to a superior court under Code Section 34-9-105 shall commence upon the date of issuance of the amended or revised award. Section 20 . Said chapter is further amended by striking subsections (a) and (b) of Code Section 34-9-105, relating to the procedure for appeal from a decision of the State Board of Workers' Compensation, and inserting in their places new subsections (a) and (b) to read as follows: (a) Any award of the administrative law judge provided for in Code Section 34-9-102, with respect to which no application for a review thereof is filed in due time, or an award of the members of the board upon such review as provided in Code Section 34-9-103 shall, in either event, as the case may be, and subject to the other provisions of this chapter, be a final award and shall be conclusive and binding as to all questions of fact. (b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board or administrative law judges, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred without the state, to the superior court of the county in which the original hearing was had, in the manner hereafter outlined, and upon the following grounds: the party conceiving himself to be aggrieved may file an application in writing with the board asking for an appeal from any such order or decree, stating generally the grounds upon which such appeal is sought. In the event such appeal is filed, the board shall, within 30 days from the filing of the appeal, cause certified copies of all documents and papers then on file on the matter and a transcript of all testimony taken therein to be transmitted with its findings and order

Page 1691

or decree to the clerk of the superior court to which the case is appealable, as provided in this subsection. The cause so appealed may then be brought by either party upon ten days' written notice to the other, before the superior court for a hearing upon such record, subject, however, to an assignment of the case for hearing by the court. Section 21 . Said chapter is further amended by striking Code Section 34-9-128, relating to the inspection of places of employment and employment records, and inserting in its place a new Code Section 34-9-128 to read as follows: 34-9-128. The board and its authorized representatives shall have the power and authority to enter any place of employment and to inspect the same, together with all employment, payroll, and injury records at any reasonable time for the purpose of investigating compliance with this chapter and making inspections for the proper enforcement of this chapter. The willful refusal of an employer to permit inspections and investigations pursuant to this Code section or to comply with Code Sections 34-9-120, 34-9-121, and 34-9-126 after being notified of noncompliance by the board shall subject the employer to a penalty to be assessed by the board, not exceeding $50.00 per day so long as the refusal shall continue; provided, however, that no penalty shall be assessed except after notice of not less than ten days and a hearing thereon before the board. Section 22 . Said chapter is further amended by striking subsection (b) of Code Section 34-9-222, relating to lump sum payments of compensation generally, and inserting in its place a new subsection (b) to read as follows: (b) Under the same requirements of subsection (a) of this Code section, the board may order the employer to make advance payments of a part of the future income benefits by payment of a lump sum equal to such part of future payments. The repayment of partial lump sum advance payments, together with interest of 7 percent per annum, may be accomplished by reducing the period of payment or reducing the weekly benefit, or both, as may be directed by the board.

Page 1692

Section 23 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. TORTSALCOHOLIC BEVERAGES; LIABILITY OF PERSON SELLING, FURNISHING, OR SERVING OR PROPERTY OWNER. Code Section 51-1-40 Enacted. No. 1419 (House Bill No. 1495). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, so as to provide that certain persons shall not be liable for the acts of intoxicated persons who are of legal drinking age; to provide that certain persons may be liable for the acts of certain intoxicated persons; to provide for certain legal proofs and assumptions; to provide that under certain circumstances certain persons who own, lease, or occupy premises shall not be liable for the acts of certain intoxicated persons; to provide for legislative findings; to provide for related matters; 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 1 of Title 51 of the Official Code of Georgia Annotated, relating to general tort provisions, is amended by adding at the end thereof a new Code Section 51-1-40 to read as follows: 51-1-40. (a) The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the

Page 1693

proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section. (b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer. (c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as defined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully. (d) No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who consumes alcoholic beverages on the premises in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises,

Page 1694

including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages. Section 2 . This Act shall apply only to causes of action which arise under Code Section 50-1-40 on or after the effective date of this Act. Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. WATERPERMITS FOR WITHDRAWAL AND DIVERSION FOR FARM USES; RATES; MODIFICATIONS; PRIORITY OF WATER USES DURING EMERGENCY PERIODS OF WATER SHORTAGE. Code Title 12, Chapter 5 Amended. No. 1420 (House Bill No. 1543). AN ACT To amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director or his designee shall issue permits for withdrawal and diversion of surface waters and ground waters for farm uses; to provide that such permits must be issued for farm uses occurring prior to July 1, 1988, when applications relating thereto are submitted prior to July 1, 1991; to provide for the rates of withdrawal or diversion for such mandatory permits at the greatest operating capacity during the five-year period prior to July 1, 1988; to provide that such mandatory permits shall be conditioned upon the receipt of certain information; to provide that permits for farm uses shall have no term and may

Page 1695

be transferred or assigned; to provide that modifications require the approval of the director; to provide definitions; to provide that priority shall be given to water uses for human consumption and for farming during emergency periods of water shortage; to provide for methods of appeal from the granting, modification, or denial of permits; to provide that nothing in the provisions relating to withdrawal or diversion of surface waters or ground waters shall amend provisions relating to riparian rights; 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 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking in its entirety Code Section 12-5-31, relating to permits for withdrawal and diversion of surface waters, and inserting in lieu thereof a new Code Section 12-5-31, to read as follows: 12-5-31. (a) (1) No person shall make any withdrawal, diversion, or impoundment of any of the surface waters of the state for whatever use without obtaining a permit from the director; provided, however, that no permit shall be required for: (A) Any such withdrawal which does not involve more than 100,000 gallons per day on a monthly average; (B) Any such diversion which does not reduce the flow of the surface waters at the point where the watercourse, prior to diversion, leaves the person's or persons' property or properties on which the diversion occurred, by more than 100,000 gallons per day on a monthly average; (C) Any such diversion accomplished as part of construction for transportation purposes which does not reduce the flow of surface waters in the diverted watercourse by more than 150,000 gallons per day on a monthly average; or (D) Any such impoundment which does not reduce the flow of the surface waters immediately downstream

Page 1696

of the impoundment by more than 100,000 gallons per day on a monthly average. (2) No permit shall be required for a reduction of flow of surface waters during the period of construction of an impoundment, including the initial filling of the impoundment, or for farm ponds or farm impoundments constructed and managed for the sole purpose of fish, wildlife, recreation, or other farm uses. (3) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to the July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding the July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f) and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump

Page 1697

information, including rated capacity, pump location, and power information. Permits issued under this paragraph shall have no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment. Any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section. Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46. (b) For purposes of this Code section, the term: (1) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources, or his designee. (2) `Diversion' means a turning aside or altering of the natural course of surface waters. (3) `Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operations. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in the Chattahoochee River watershed upstream from Peachtree Creek, where irrigation of recreational turf shall not be considered a farm use. (4) `Impoundment' means the storing or retaining of surface water by whatever method or means. (5) `Surface water(s) of the state' or `surface water(s)' means any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs producing in excess of 100,000 gallons per day, and all other bodies of surface water, natural or artificial, lying within

Page 1698

or forming a part of the boundaries of the state which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. (6) `Withdrawal' means the taking away of surface water from its natural course. (c) To obtain a permit pursuant to this Code section, the applicant must establish that the proposed withdrawal, diversion, or impoundment of surface waters is consistent with this article. (d) All permit applications filed with the director under this Code section shall contain the name and address of the applicant (in the case of a corporation, the address of its principal business office in this state), the date of filing, the source of the water supply, the quantity of water applied for, the use to be made of the water and any limitation thereon, the place of use, the location of the withdrawal, diversion, or impoundment, and such other information as the director may deem necessary; provided, however, any required information already provided the director by the applicant in the context of prior dealings with the division, which information is still correct, may be incorporated into the application by adequate reference to same. (e) Subject to subsection (g) of this Code section, the Board of Natural Resources shall by rule or regulation establish a reasonable system of classification for application in situations involving competing uses, existing or proposed, for a supply of available surface waters. Such classifications shall be based upon but not necessarily limited to the following factors: (1) The number of persons using the particular water source and the object, extent, and necessity of their respective withdrawals, diversions, or impoundments; (2) The nature and size of the water source; (3) The physical and chemical nature of any impairment of the water source adversely affecting its availability or fitness for other water uses;

Page 1699

(4) The probable severity and duration of such impairment under foreseeable conditions; (5) The injury to public health, safety, or welfare which would result if such impairment were not prevented or abated; (6) The kinds of businesses or activities to which the various uses are related and the economic consequences; (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants and the extent of any injury or detriment caused or expected to be caused to other water uses; (8) Diversion from or reduction of flows in other watercourses; (9) The prior investments of any person in lands, and plans for the usage of water in connection with such lands which plans have been submitted to the director within a reasonable time after July 1, 1977, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including potential as well as present use; and (10) The varying circumstances of each case. (f) In the event two or more competing applicants or users qualify equally under subsection (e) of this Code section, the director is authorized to grant permits to applicants or modify the existing permits of users for use of specified quantities of surface waters on a prorated or other reasonable basis in those situations where such action is feasible; provided, however, the director shall give preference to an existing use over an initial application. (g) The division shall take into consideration the extent to which any withdrawals, divisions, or impoundments are reasonably necessary, in the judgment of the director, to meet the applicant's needs and shall grant a permit which

Page 1700

shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including but not limited to public use, farm use, and potential as well as present use; and provided, further, that the director shall grant a permit to any permit applicant who on July 1, 1977, has outstanding indebtedness in the form of revenue certificates or general obligation bonds which are being amortized through the sale of surface water, the permitted quantity of which shall be at least in an amount consistent with that quantity for which the revenue certificates or general obligation bonds were issued. (h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years (unless the applicant requests a shorter period of time) or more than 20 years; provided, however, the director may authorize a permit of duration of up to 50 years in the case of a municipality or other governmental body, where such period is required to provide for the retirement of bonds for the construction of water works or waste disposal facilities. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. (i) A permittee may seek modification of any of the terms of an issued permit. The director may approve the proposed modification if the permittee establishes that a change in conditions has resulted in a need by the permittee of more water than is allowed under the existing permit, or that the proposed modification would result in a more efficient utilization of water than is possible under the existing permit, or that a proposed change in conditions would result in a need by the permittee of more water than is allowed under the existing permit. Any such modification shall be consistent with the health and safety of the citizens of this state and with this article. In any administrative review proceeding resulting from an action of the director under this subsection, the burden of proof in establishing that the requisite criteria have been met shall be upon the person seeking such modification.

Page 1701

(j) A permittee may seek renewal of a permit issued pursuant to this Code section from the director at any time within six months prior to the date of expiration of the permit. Except as otherwise specified in this Code section, all permit renewal applications shall be treated in the same manner as the initial permit application. (k) The director may revoke, suspend, or modify a permit issued pursuant to this Code section as follows: (1) For any material false statement in an application for a permit to initiate, modify, or continue a use of surface waters, or for any material false statement in any report or statement of fact required of the permittee pursuant to this Code section or pursuant to the conditions contained in a permit granted hereunder, the director may revoke the user's permit, in whole or in part, permanently or temporarily; (2) For any willful violation of the conditions of a permit granted pursuant to this Code section, the director may revoke the user's permit, in whole or in part, permanently or temporarily; (3) For violation of any provision of this Code section, the director may revoke the permit, in whole or in part, for a period not to exceed one year; (4) For nonuse of the water supply (or a significant portion thereof) allowed by the permit for a period of two consecutive years or more, the director may revoke the permit permanently, in whole or in part, unless the permittee can reasonably demonstrate that his nonuse was due to extreme hardship caused by factors beyond his control, except that this paragraph shall not apply to farm use permits issued pursuant to paragraph (3) of subsection (a) of this Code section after initial use has commenced; (5) The director may revoke a permit permanently, in whole or in part, with the written consent of the permittee; (6) The director may suspend or modify a permit, except farm use permits, if he should determine through

Page 1702

inspection, investigation, or otherwise that the quantity of water allowed under the permit is greater than that needed by the permittee for the particular use upon which the application for permit was based or would prevent other applicants from reasonable use of surface waters, including farm uses; (7) The director may suspend or modify a farm use permit if he should determine through inspection, investigation, or otherwise that the quantity of water allowed under the permit would prevent other applicants from reasonable use of surface waters for farm use; and (8) Consistent with the considerations set forth in subsection (g) of this Code section, the director may revoke, suspend, or modify a permit for any other good cause consistent with the health and safety of the citizens of this state and with this article. 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. (l) Emergency period of water shortage: (1) Whenever it clearly appears to the director from specific facts shown by affidavits of residents of the affected area of this state that an emergency period of water shortage exists within such area, so as to place in jeopardy the health or safety of the citizens of such area or to threaten serious harm to the water resources of the area, he may by emergency order impose such restrictions on one or more permits previously issued pursuant to this Code section as may be necessary to protect adequately such citizens or water resources; provided, however, such order shall not be issued until an effort has been made to give written notice of the proposed action by certified mail to the permittee or permittees to be affected. Such written notice shall allow such permittee or permittees five days from the date of mailing of the notice to appear before the director in opposition to the proposed action. The director may impose such restrictions

Page 1703

based upon any reasonable system of classification established by the Board of Natural Resources through rule or regulation. Such system of classification shall be based upon but not necessarily limited to those factors set forth in subsection (e) of this Code section; (2) The director shall specify in such order any change in the conditions of the permit, any suspension of the permit, or any other restriction on withdrawal, diversion, or impoundment of surface waters for the duration of the emergency water shortage and shall serve same on the person by hand delivery or certified mail. Except as to farm uses, any such change, suspension, or other restriction shall be effective immediately upon receipt of such order by the permittee, his agent for service of process, or any agent or employee of the permittee who receives the notification at the permittee's principal place of business in the state. Any permittee, other than a farm use permittee, to whom such order is directed shall comply therewith immediately. Upon application to a hearing officer appointed by the Board of Natural Resources of this state, a permittee, including a farm use permittee, shall be afforded a hearing within 20 days of receipt of such notice by the hearing examiner in accordance with subsection (c) of Code Section 12-2-2. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing in accordance with subsection (c) of Code Section 12-2-2 shall waive such right; (3) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; (4) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section; and (5) Upon expiration of the emergency period of water shortage, as determined by the director, the director shall immediately notify each affected permittee, in writing, of such expiration, and the permittees shall thereafter

Page 1704

be authorized to operate under the permit as issued prior to the emergency period of water shortage. (m) Except for farm use permits issued pursuant to paragraph (3) of subsection (a) of this Code section, whenever required to carry out the objectives of this Code section, including but not limited to determining whether or not any person is in violation of any provision of this Code section or any rule or regulation promulgated pursuant hereto; encouraging or ensuring compliance with any provision of this Code section or any rule or regulation promulgated pursuant hereto; determining whether or not any person is in violation of any permit condition; or establishing a data bank on the usage of surface waters in a particular area or areas of this state, the director may by order, permit, or otherwise, in writing, require any person holding a permit under this Code section, or any other person who the director reasonably believes is withdrawing, diverting, or impounding surface waters in violation of the permitting requirements of this Code section, to: (1) Establish and maintain records; (2) Make reports; (3) Install, use, and maintain monitoring equipment or methods; and (4) Provide such other information as the director may reasonably require. Notwithstanding the foregoing provisions of this subsection, any demand for such information by the director, which information has already been provided to the director by such person in the context of prior dealings with the division, and which is still correct, may be satisfied by adequate reference to same. (n) In the consideration of applications for permits which if granted would authorize the withdrawal and transfer of surface waters across natural basins, the director shall be bound by the following requirements: (1) The director shall give due consideration to competing existing uses and applications for permits which

Page 1705

would not involve interbasin transfers of surface water and, subject to subsection (e) of this Code section, shall endeavor to allocate a reasonable supply of surface waters to such users and applicants; (2) The director shall provide a press release regarding the proposed issuance of all permits authorizing such interbasin transfer of surface waters to newspapers of general circulation in all areas of the state which would be affected by such issuance. The press release shall be provided at least seven days before the issuance of these permits. If the director should determine that sufficient public interest warrants a public hearing on the issuance of these permits, he shall cause such a hearing to be held somewhere in the area affected prior to the issuance of these permits. (o) (1) Except as otherwise provided in subsection (l) of this Code section for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in Section 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court of the county of the applicant's or permittee's residence. (2) Persons are `aggrieved or adversely affected' where the challenged action has caused or will cause

Page 1706

them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. In the event the director asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. Section 2 . Said chapter is further amended by striking paragraph (4) of Code Section 12-5-92, relating to definitions as used in Part 2 of said chapter, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Director' means the director, or his designee, of the Environmental Protection Division of the Department of Natural Resources. Section 3 . Said chapter is further amended by adding between paragraph (5) and paragraph (6) of Code Section 12-5-92, relating to definitions used in Part 2 of said chapter, a new paragraph (5.1) to read as follows: (5.1) `Farm uses' means irrigation of any land used for general farming, forage, aquaculture, pasture, turf production, orchards, or tree and ornamental nurseries; provisions of water supply for farm animals, poultry farming, or any other activity conducted in the course of a farming operation. Farm uses shall also include the processing of perishable agricultural products and the irrigation of recreational turf, except in Chatham, Effingham, Bryan, and Glynn counties, where irrigation of recreational turf shall not be considered a farm use. Section 4 . Said chapter is further amended by striking paragraph (7) of subsection (d) of Code Section 12-5-96, relating to the granting, modification, or regulation of permits issued pursuant thereto, in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) The importance and necessity of the uses, including farm uses, claimed by permit applicants under this Code

Page 1707

section, or of the water uses of the area under Code Section 12-5-95, and the extent of any injury or detriment caused or expected to be caused to other water uses, including public uses;. Section 5 . Said chapter is further amended by striking subsection (g) of Code Section 12-5-96, relating to the granting, modification, or regulation of permits issued pursuant thereto, in its entirety and inserting in lieu thereof a new paragraph (g) to read as follows: (g) (1) Except as otherwise provided in Code Section 12-5-102 for emergency orders, any person who is aggrieved or adversely affected by any order or action of the director pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Any administrative law judge so appointed by the board shall fully meet and qualify as to all applicable conflict of interest requirements provided for in 304(h)(2)(D) of the Federal Water Pollution Control Act of 1972, as amended, and the rules, regulations, and guidelines promulgated thereunder. The decision of the administrative law judge shall constitute the final decision of the board. Any party to the hearing, including the director, shall have a right of judicial review thereof in accordance with Chapter 13 of Title 50, including the right to seek judicial review in the superior court in the county of the applicant's or permittee's residence. For the purposes of this part, such review is also specifically subject to subsection (a) of Code Section 50-13-19. (2) Persons are `aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the director is empowered to administer and enforce. In the event the director asserts in response

Page 1708

to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. Section 6 . Said chapter is further amended by striking Code Section 12-5-97, relating to the granting, duration, renewal, or transfer of permits, in its entirety and inserting in lieu thereof a new Code Section 12-5-97 to read as follows: 12-5-97. (a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, no permit under Code Section 12-5-96 shall be issued for a longer period than the longer of the following: (1) Ten years; or (2) The period found by the division to be necessary for reasonable amortization of the applicant's water withdrawal and water-using facilities. (b) Permits may be renewed at any time within six months prior to the date of their expiration upon compliance with Code Section 12-5-96. (c) Except as provided in paragraph (1) of subsection (b) of Code Section 12-5-105, permits shall not be transferred except with the approval of the division. (d) Except as provided in paragraph 1 of subsection (b) of Code Section 12-5-105, every person who is required by this part to secure a permit shall file with the division, in the manner prescribed by the division, a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use thereof not more frequently than at 30 day intervals. Such statements shall be filed on forms furnished by the division within 90 days after the issuance of regulations. Water users not required to secure a permit shall comply with procedures established to protect and manage the water resources of the state. Such procedures shall

Page 1709

be within the provisions of this part and shall be adopted after public hearing. The requirements embodied in the two preceding sentences shall not apply to individual domestic water use. (e) If any person who is required to secure a permit under this part is unable to furnish accurate information concerning amounts of water being withdrawn or used, or if there is evidence that his certified statement is false or inaccurate or that he is withdrawing or using a larger quantity of water or under different conditions than has been authorized by the division, the division shall have the authority to require such person to install water meters or some other more economical means for measuring water use acceptable to the division. In determining the amount of water being withdrawn or used by a permit holder or applicant, the division may use the rated capacity of his pumps, the rated capacity of his cooling system, data furnished by the applicant, or the standards or methods employed by the United States Geological Survey in determining such quantities or by any other accepted method. (f) In any case where a permit applicant can prove to the division's satisfaction that the applicant was withdrawing or using water prior to July 1, 1973, the The division shall take into consideration the extent to which any uses or withdrawals were reasonably necessary, in the judgment of the division, to meet his needs and shall grant a permit which shall meet those reasonable needs; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use. (g) The division shall also take into consideration in the granting of any permit the prior investments of any person in lands and the nature of any plans for the usage of water in connection with such lands, which plans have been submitted to the division within a reasonable time after July 1, 1973, or, if for farm uses, after July 1, 1988; provided, however, that the granting of such permit shall not have unreasonably adverse effects upon other water uses in the area, including public use, and including potential as well as present use.

Page 1710

(h) Pending the issuance or denial of a permit pursuant to subsection (f) or (g) of this Code section, the applicant may continue the same withdrawal or use which existed prior to July 1, 1973. Section 7 . Said chapter is further amended by striking Code Section 12-5-102, relating to emergency orders, in its entirety and inserting in lieu thereof a new Code Section 12-5-102 to read as follows: 12-5-102. (a) After receipt of affidavits or other sworn statements from persons setting forth an emergency situation requiring immediate action to protect the public health or welfare, and after the division finds that such an emergency exists requiring immediate action to protect the public health or welfare, the division may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as the division deems necessary to meet the emergency. Such order shall, except as to farm uses, be effective immediately, and any person to whom such order is directed shall comply therewith immediately but, on application to the division, shall be afforded a hearing within five days from the day on which the order is issued. On the basis of such hearing, the division shall continue such order in effect, revoke it, or modify it. (b) Any appeal from such order shall be in accordance with subsection (c) of Code Section 12-2-2, and, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19, except that the initial hearing shall be within five days from the date on which the order was issued. Farm use permittees may continue to make use of water to their permitted capacity during the appeal process, but failure to timely request a hearing shall waive such right. (c) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use. (d) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section.

Page 1711

Section 8 . Said chapter is further amended by striking Code Section 12-5-105, relating to exemption for agricultural purposes, which reads as follows: 12-5-105. (a) Except as provided for in this Code section, this part shall not apply to persons utilizing or withdrawing water for agricultural purposes. (b) Any person who owns or operates an irrigation system used for agricultural purposes which operation results in the withdrawal and utilization of ground waters in excess of 100,000 gallons per day on a monthly average shall monitor, record, and report to the county agricultural agent of the county in which the irrigation system is located data necessary to calculate monthly volumes of water withdrawn from ground water sources. Such monitoring, recording, and reporting may be based on any reliable procedure approved in writing by the director, but the director shall not require the installation of any such monitoring, recording, and reporting system which costs more than $100.00 for any single irrigation system. Monitoring and recording of such data shall begin no later than the date of receipt of notification from the director that a particular procedure for monitoring, recording, and reporting has been approved. Each person affected must file a written request for such approval with the director by not later than January 1, 1983. The initial report shall be submitted to the appropriate county agricultural agent no later than April 1, 1983. Thereafter, an annual report must be submitted to the appropriate county agricultural agent no later than April 1 of each year. (c) Each county agricultural agent shall forward the reports submitted to such agent under subsection (b) of this Code section to the director within 30 days after such reports are received by the county agricultural agent. (d) Each annual report required by this Code section must contain all information necessary, including adequate descriptions of all equipment, to enable the director to convert time of use to volume of ground water withdrawn each month. In addition, the location, depth, and diameter of the well must be specified. (e) Any person subject to subsection (b) of this Code section shall provide to the agents of the director access to

Page 1712

the irrigation system for purposes of verifying data reported and measuring flow. Such access will be during normal working hours. (f) Any person violating this Code section shall be liable for a civil penalty not to exceed $100.00 for such violation and an additional civil penalty not to exceed $10.00 for each day during which such violation continues., in its entirety and inserting in lieu thereof a new Code Section 12-5-105 to read as follows: 12-5-105. (a) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, a permit to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined by paragraph (10) of Code Section 12-5-92, shall be issued by the director to any person when the applicant submits an application which provides reasonable proof that the applicant's farm use of ground water occured prior to July 1, 1988, and when such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of ground water occurring prior to July 1, 1988, shall be granted for the withdrawal of ground water at a rate of withdrawal equal to the greater of the operating capacity in place for withdrawal on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal of ground water for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to Code Sections 12-5-96 and 12-5-97, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such ground water. Any permit issued pursuant to this Code section shall be further conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; the name and address of the permittee; a description of the

Page 1713

general type of irrigation system used; well construction; and pump information, including rated capacity, pump setting depth, and power information. (b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (10) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows: (1) A permit issued for farm uses shall have no annual reporting requirements and no term and may be transferred or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that the division shall receive written notice of any such transfer or assignment, and any modification in the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (2) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; (3) The director may suspend or modify a permit for farm use if he should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (4) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (5) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (c) Nothing in this Code section shall be construed as a repeal or modification of Code Section 12-5-104.

Page 1714

Section 9 . This Act shall become effective July 1, 1988. Section 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. PUBLIC OFFICERS AND EMPLOYEESLIABILITY INSURANCE OR INDEMNITY CONTRACTS; FOSTER PARENTS AND FOSTER CHILDREN. Code Section 45-9-4 Amended. No. 1421 (House Bill No. 1546). AN ACT To amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or indemnity contracts for public officers or employees generally, so as to authorize the Department of Human Resources, in coordination with the Department of Administrative Services, to provide insurance coverage for foster parents and foster children participating in programs sponsored by the Department of Human Resources or in the care and custody of the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or indemnity contracts for public officers or employees generally, is amended by adding a new subsection (d) to read as follows: (d) The commissioner of the Department of Administrative Services is authorized in his discretion either to purchase

Page 1715

commercial insurance coverage or to self-insure under an existing self-insurance trust fund all foster parents and foster children participating in programs sponsored by the Department of Human Resources or in the care and custody of the Department of Human Resources upon a request from the commissioner of human resources. The commissioner of the Department of Administrative Services will establish appropriate premiums and limits applicable to such requested insurance coverage. The Department of Human Resources is authorized to pay the premiums for such insurance from available appropriated funds or other available sources of funds. 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 12, 1988. GUARDIAN AND WARDGUARDIANSHIP OVER PROPERTY; ORDERS; FILING IN COUNTY WHERE REAL PROPERTY IS LOCATED; TIME LIMITS. Code Section 29-5-6 Amended. No. 1422 (House Bill No. 1557). AN ACT To amend Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian, so as to provide that in certain cases involving the creation or termination of a guardianship over property, a certified copy of the order of creation and the order of termination of such guardianship shall be filed in the county in which the real property is located; to provide for time limits; to change certain

Page 1716

provisions with respect to the contents of certain petitions and orders; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 29-5-6 of the Official Code of Georgia Annotated, relating to procedures for the appointment of a guardian, is amended by striking subparagraph (a)(2)(H) and inserting in its place a new subparagraph (a)(2)(H) to read as follows: (H) All known income and assets of the proposed ward and, in any case involving the creation or termination of a guardianship over property where the proposed ward has an interest in real property, the name of the county in which such property is located; and. Section 2 . Said Code section is further amended by striking subsection (f) and inserting in its place a new subsection (f) to read as follows: (f) (1) In its order the court shall set forth the findings of fact and conclusions of law which support the grant or denial of the petition. If a guardianship is granted, the order shall specify: (A) The type of guardianship established, whether of the person or property, or both; (B) The names of the guardian or guardians and the reason for their selection; (C) The nature and extent of the ward's incapacity; (D) Any rights or powers retained by the ward pursuant to subsection (d) or (e) of Code Section 29-5-7; (E) The duration of the guardianship, whether limited or permanent; (F) If separate guardians for the person and the property of the ward are appointed or if only a personal

Page 1717

guardian is appointed, the reasonable sums or property to be provided the guardian of the person to provide adequately for the ward's support, care, education, and well-being, subject to modification by subsequent order of the court; (G) The type and frequency of physical, mental, and social evaluations of the ward's condition which the court requires to supplement the reports submitted pursuant to paragraph (10) of subsection (b) of Code Section 29-5-3; (H) Any reporting requirements in addition to those required by law; (I) Any bonding requirements in addition to those required by law; (J) In any case involving the creation or termination of a guardianship over property where the proposed ward has an interest in real property, the name of the county in which such property is located; and (K) Such other and further provisions of the guardianship as the court may deem proper. (2) Service of the court's order shall be made by mail upon the ward; his attorney; his representatives; his guardian ad litem, if any; the guardian, if appointed; and the petitioner. (3) After service of the court's order, the ward's counsel shall make reasonable efforts to explain the order and the ward's rights to him. If the ward desires to appeal the court's order, the attorney shall file such notice in the ward's behalf; and, if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. (4) In any case involving the creation of a guardianship over property where the proposed ward has an interest in real property, a certified copy of the court's order granting such petition and, upon the termination of such

Page 1718

guardianship, a certified copy of the order of termination of such guardianship shall be filed in the real property grantor index of each county of this state in which the real property is located within 30 days of the date of such order. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. CONSUMERS' UTILITY COUNSELATTACHED TO OFFICE OF THE ADMINISTRATOR OF THE FAIR BUSINESS PRACTICES ACT OF 1975; PERSONNEL; REPEAL. Code Sections 46-10-3, 46-10-6, and 46-10-9 Amended. No. 1423 (House Bill No. 1605). AN ACT To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to provide that the position of consumers' utility counsel shall be attached to the office of the administrator who provides protection as to consumer transactions in this state; to change the provisions relating to employment of staff and the payment of compensation to the consumers' utility counsel and staff personnel; to change the provisions relative to the automatic repeal of the chapter relating to the consumers' utility counsel; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking in its entirety Code Section 46-10-3,

Page 1719

relating to the creation of the consumers' utility counsel, and inserting in lieu thereof a new Code Section 46-10-3 to read as follows: 46-10-3. There is created the position of consumers' utility counsel, which shall be attached to the office of the administrator created in Code Section 10-1-395. The counsel shall be appointed by the Governor and shall serve at his pleasure. The counsel shall be a practicing attorney qualified by knowledge and experience to practice in public utility proceedings. The counsel shall receive compensation in an amount to be determined by the Governor, but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the counsel shall also receive reimbursement for his reasonable and necessary expenses incurred in the performance of his duties, as provided by law for state employees. No person employed as consumers' utility counsel shall engage in the private practice of law while employed as consumers' utility counsel. The consumers' utility counsel shall submit a written report of the annual activities and expenditures of the counsel. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Georgia House of Representatives and to the Public Utilities Committee of the Georgia Senate. Section 2 . Said chapter is further amended by striking in its entirety Code Section 46-10-6, relating to the employment of staff personnel by the consumers' utility counsel, and inserting in lieu thereof a new Code Section 46-10-6 to read as follows: 46-10-6. The counsel is authorized to employ such assistants as he may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, including expert witnesses, as may be necessary to carry out his duties. The compensation of the counsel and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes.

Page 1720

Section 3 . Said chapter is further amended by striking in its entirety Code Section 46-10-9, relating to the automatic repeal of Chapter 10, and inserting in lieu thereof a new Code Section 46-10-9 to read as follows: 46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective July 1, 1991. Section 4 . This Act shall become effective June 30, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. CHILDRENILLEGITIMATE, BASTARD, AND DERIVATIONS REPLACED BY BORN OUT OF WEDLOCK THROUGHOUT OFFICIAL CODE OF GEORGIA ANNOTATED. Code Titles 19, 29, 34, 49, 51, and 53 Amended. No. 1424 (House Bill No. 1612). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations; Code Section 29-4-6 of the Official Code of Georgia Annotated, relating to guardians for illegitimate children; Code Section 34-9-13 of the Official Code of Georgia Annotated, relating to persons presumed to be dependent; Title 49 of the Official Code of Georgia Annotated, relating to social services; Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons who may bring wrongful death actions; and Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to delete therefrom the words illegitimate and bastard and derivations of either and substitute words relating to being born out of wedlock; to repeal conflicting laws; and for other purposes.

Page 1721

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 subsection (a) of Code Section 19-2-4, relating to domicile of a minor, and inserting in its place a new subsection to read as follows: (a) If a minor child's parents are domiciled in the same county, the domicile of that child shall be that of the parents. If a minor child's parents are divorced, separated, or widowed, or if one parent is not domiciled in the same county as the other parent, the child's domicile shall be that of the custodial parent. The domicile of a minor child born out of wedlock shall be that of the child's mother. Section 2 . Said title is further amended by striking Code Section 19-5-15, relating to effect of divorce, and inserting in its place a new Code section to read as follows: 19-5-15. A total divorce annuls a marriage from the time of the rendition of the decree, unless the divorce is granted for a cause rendering the marriage void originally, in which case the divorce serves to annul the marriage from its inception. However, the issue of the marriage shall not be rendered born out of wedlock by a divorce, except in cases of pregnancy of the wife by a man other than the husband at the time of the marriage, unknown to the husband. Section 3 . Said title is further amended by striking paragraph (5) of subsection (c) of Code Section 19-7-1, relating to when parental power is lost, and inserting in its place a new paragraph to read as follows: (5) In actions for recovery, the fact that the child was born out of wedlock shall be no bar to recovery. Section 4 . Said title is further amended by striking subsection (c) of Code Section 19-7-20, relating to what children are legitimate, and inserting in its place a new subsection to read as follows: (c) The marriage of the mother and reputed father of a child born out of wedlock and the recognition by the father

Page 1722

of the child as his shall render the child legitimate; in such case the child shall immediately take the surname of his father. Section 5 . Said title is further amended by striking Code Section 19-7-22, relating to petitions for legitimation, and inserting in its place a new Code section to read as follows: 19-7-22. A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which he shall be known. Section 6 . Said title is further amended by striking Code Section 19-7-23, relating to the definition of illegitimate child, and inserting in its place a new Code section to read as follows: 19-7-23. The term `child born out of wedlock' means: (1) A child whose parents are not married when that child is born or who do not subsequently intermarry; (2) A child who is the issue of adulterous intercourse of the wife during wedlock; or (3) A child who is not legitimate within the meaning of Code Section 19-7-20. Section 7 . Said title is further amended by striking Code Section 19-7-24, relating to parental obligations to an illegitimate child, and inserting in its place a new Code section to read as follows:

Page 1723

19-7-24. It is the joint and several duty of each parent of a child born out of wedlock to provide for the maintenance, protection, and education of the child until he reaches the age of majority, except to the extent that the duty of one parent is otherwise or further defined by court order. Section 8 . Said title is further amended by striking Code Section 19-7-25, relating to parental power over an illegitimate child, and inserting in its place a new Code section to read as follows: 19-7-25. Only the mother of a child born out of wedlock is entitled to his custody, unless the father legitimates him as provided in Code Section 19-7-22. Otherwise, the mother may exercise all parental power over the child. Section 9 . Said title is further amended by striking Code Section 19-7-26, relating to discrimination against mothers of illegitimate children, and inserting in its place a new Code section to read as follows: 19-7-26. In an action brought by the mother of a child born out of wedlock in her own right or in her capacity as guardian, executor, or administrator for damages for the child's injury or death, the mother shall not be discriminated against because of her child's having been born out of wedlock. Section 10 . Said title is further amended by striking subsections (a) and (b) of Code Section 19-8-7, relating to certain notices to putative fathers, and inserting in their place new subsections to read as follows: (a) If the identity and location of the putative father of a legitimate child or a child born out of wedlock are known and he has not executed a surrender as provided in subsection (c) of Code Section 19-8-4, then he shall be notified of the mother's surrender or her consent to the child's adoption by her husband or of the proceeding to terminate her parental rights, by registered or certified mail, return receipt requested, at his last known address. (b) If the identity and location, or either, of the putative father of a legitimate child or child born out of wedlock is

Page 1724

not known and he has not executed a surrender as provided in subsection (c) of Code Section 19-8-4, then: (1) Where the rights of the parent(s) or the guardian(s) of the child have been surrendered or terminated in accordance with paragraph (1) or (2) of subsection (a) of Code Section 19-8-3, the Department of Human Resources or a licensed child-placing agency may file a petition with the court under the authority of this paragraph; the court shall within 20 days of such filing conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in paragraph (5) of subsection (c) of Code Section 19-8-4 in making its determination under this paragraph. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate 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. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the Department of Human Resources or a licensed child-placing agency to expend such additional effort as the court shall specify in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported. If the court finds from the evidence that the putative father either lived with the child, or contributed to its support, or 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. 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

Page 1725

of the surrender, consent, or proceeding to terminate. The court shall not include the name of the mother in any public notice to the putative father if his name is known to the court. If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father; (2) Where the rights of the parent(s) or the guardian(s) of the child have been surrendered in accordance with paragraph (3), (4), or (5) of subsection (a) of Code Section 19-8-3, either the petitioner(s), the Department of Human Resources, or a licensed child-placing agency shall file a motion with the court under the authority of this paragraph; the court shall within 20 days of such filing conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in paragraph (5) of subsection (c) of Code Section 19-8-4 in making its determination under this paragraph. The court shall enter an order terminating the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate him without success and if it finds that he has not lived with the child, nor contributed to its support, nor made any attempt to legitimate 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. If the court finds from the evidence that reasonable effort has not been made to identify and locate the putative father, it shall direct the petitioner(s), the Department of Human Resources, or a licensed child-placing agency to expend such additional effort as the court shall specify in the identification and location of the putative father and to report the results of the additional efforts to the court and shall continue the hearing until the additional effort has been expended and the results reported. If the court finds from the evidence that the putative father either lived with the child, or contributed to its support, or 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

Page 1726

from the evidence whether such conduct by the putative father was sufficient to establish a familial bond between the putative father and the child. If the court 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. 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. If the court finds that such conduct was not sufficient to establish a familial bond, then the court shall enter an order terminating the rights of the putative father. Section 11 . Said title is further amended by striking Code Section 19-10-1, relating to abandonment of a dependent child, and inserting in its place a new Code section to read as follows: 19-10-1. (a) A child abandoned by its father or mother shall be considered to be in a dependent condition when the father or mother does not furnish sufficient food, clothing, or shelter for the needs of the child. (b) If any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, he or she shall be guilty of a misdemeanor. Moreover, if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, and leaves this state or if any father or mother willfully and voluntarily abandons his or her child, either legitimate or born out of wedlock, leaving it in a dependent condition, after leaving this state, he or she shall be guilty of a felony punishable by imprisonment for not less than one nor more than three years. The felony shall be reducible to a misdemeanor. Any person, upon conviction of the third offense for violating this Code section, shall be guilty of a felony and shall be imprisoned for not less than one nor more than three years, which felony shall not be reducible to a misdemeanor. The husband and wife shall be competent witnesses in such cases to testify for or against the other. (c) The offense of abandonment is a continuing offense. Except as provided in subsection (i) of this Code section,

Page 1727

former acquittal or conviction of the offense shall not be a bar to further prosecution therefor under this Code section, if it is made to appear that the child in question was in a dependent condition, as defined in this Code section, for a period of 30 days prior to the commencement of prosecution. (d) In prosecutions under this Code section when the child is born out of wedlock, the venue of the offense shall be in the county in which the child and the mother are domiciled at the time of the swearing out of the arrest warrant; but, if the child and the mother are domiciled in different counties, venue shall be in the county in which the child is domiciled. (e) Upon the trial of an accused father or mother under this Code section, it shall be no defense that the accused father or mother has never supported the child. (f) In the trial of any abandonment proceeding in which the question of parentage arises, regardless of any presumptions with respect to parentage, the accused father may request a paternity blood test and agree and arrange to pay for same; and in such cases the court before which the matter is brought, upon pretrial motion of the defendant, shall order that the alleged parent, the known natural parent, and the child submit to any blood tests and comparisons which have been developed and adapted for purposes of establishing or disproving parentage and which are reasonably accessible to the alleged parent, the known natural parent, and the child. The results of those blood tests and comparisons, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. Upon receipt of a motion and the entry of an order under this subsection, the court shall proceed as follows: (1) Where the issue of parentage is to be decided by a jury, where the results of those blood tests and comparisons are not shown to be inconsistent with the results of any other blood tests and comparisons, and where the results of those blood tests and comparisons

Page 1728

indicate that the alleged parent cannot be the natural parent of the child, the jury shall be instructed that if they believe that the witness presenting the results testified truthfully as to those results and if they believe that the tests and comparisons were conducted properly, then it will be their duty to decide that the alleged parent is not the natural parent. (2) The court shall require the defendant requesting the blood tests and comparisons pursuant to this subsection to be initially responsible for any of the expenses thereof. Upon the entry of a verdict incorporating a finding of parentage or nonparentage, the court shall tax the expenses for blood tests and comparisons, in addition to any fees for expert witnesses whose testimonies supported the admissibility thereof, as costs. (g) In prosecutions under this Code section, when the child is born out of wedlock and the accused father is convicted, the father may be required by the court to pay the reasonable medical expenses paid by or incurred on behalf of the mother due to the birth of the child. (h) The accused father and the mother of a child born out of wedlock may enter into a written agreement providing for future support of the child by regular periodic payments to the mother until the child reaches the age of 18 years, marries, or becomes self-supporting; provided, however, that the agreement shall not be binding on either party until it has been approved by the court having jurisdiction to try the pending case. (i) If, during the trial of any person charged with the offense of abandonment as defined in this Code section, the person contends that he or she is not the father or mother of the child alleged to have been abandoned, in a jury trial the trial judge shall charge the jury that if its verdict is for the acquittal of the person and its reason for so finding is that the person is not the father or mother of the child alleged to have been abandoned, then its verdict shall so state. In a trial before the court without the intervention of the jury, if the court renders a verdict of acquittal based on the contention of the person that he or she is not the father or mother

Page 1729

of the child alleged to have been abandoned, the trial judge shall so state this fact in his verdict of acquittal. Where the verdict of the jury or the court is for acquittal of a person on the grounds that the person is not the father or mother of the child alleged to have been abandoned, the person cannot thereafter again be tried for the offense of abandoning the child, and the verdict of acquittal shall be a bar to all civil and criminal proceedings attempting to compel the person to support the child. Section 12 . Said title is further amended by striking paragraph (6) of Code Section 19-11-43, relating to defining duty of support, and inserting in its place a new paragraph to read as follows: (6) Whenever a person has been adjudicated by a court of competent jurisdiction as the parent of a child born out of wedlock, the person shall be legally liable for the support of the child in the same manner in which the person would owe the duty of support if the child were a legitimate child. Section 13 . Code Section 29-4-6 of the Official Code of Georgia Annotated, relating to guardians for illegitimate children, is amended by striking that Code section and inserting in its place a new Code section to read as follows: 29-4-6. The judge of the probate court may appoint a guardian for the person and property of a child born out of wedlock in all cases in which he deems it necessary. Section 14 . Code Section 34-9-13 of the Official Code of Georgia Annotated, relating to persons presumed dependent, is amended by striking paragraph (1) of subsection (a) thereof and inserting in its place a new paragraph to read as follows: (1) `Child' includes dependent stepchildren, legally adopted children, posthumous children, and acknowledged children born out of wedlock but does not include married children; and. Section 15 . Code Section 49-4-102 of the Official Code of Georgia Annotated, relating to eligibility for certain assistance, is amended by striking that Code section and inserting in its place a new Code section to read as follows:

Page 1730

49-4-102. Assistance shall be granted under this article to or in behalf of any dependent child who is living in a suitable family home meeting the standards of care and health fixed by the laws of this state and the rules and regulations of the department thereunder; provided, however, and notwithstanding any of the provisions of this article, each mother applicant for aid to dependent children under the provisions of this article who makes application for benefits to a child born out of wedlock shall, in addition to the above eligibility requirements, give in writing, under oath, the full name and last known address of the father of any child claimed as a dependent for the purpose of obtaining aid to dependent children under this article. Section 16 . Code Section 49-5-3 of the Official Code of Georgia Annotated, relating to definitions concerning children and youth, is amended by striking paragraph (14) thereof and inserting in its place a new paragraph to read as follows: (14) `Maternity home' means any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This definition shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental. Section 17 . Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to certain persons entitled to bring wrongful death actions, is amended by striking subsection (f) thereof and inserting in its place a new subsection (f) to read as follows: (f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery. Section 18 . Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by illegitimates, is amended by striking that Code section and inserting in its place a new Code section to read as follows:

Page 1731

53-4-4. (a) Children born out of wedlock have no inheritable blood except that given to them by express law. (b) A child born out of wedlock may inherit in the same manner as if legitimate from and through his mother, from and through the other children of his mother, and from and through any other maternal kin, whether collateral or lineal. (c) (1) A child born out of wedlock may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless, during the lifetime of the father and after the conception of the child: (A) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establishing the father of the child born out of wedlock; (C) The father executed a sworn statement signed by him attesting to the parent-child relationship; or (D) The father signed the birth certificate of the child. (2) If one of the requirements of subparagraphs (A) through (D) of paragraph (1) of this subsection is fulfilled, a child born out of wedlock may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin, whether collateral or lineal. (d) In distributions under this Code section, the children of a deceased child born out of wedlock shall represent the deceased parent. Section 19 . Code Section 53-4-5 of the Official Code of Georgia Annotated, relating to inheritance from illegitimates,

Page 1732

is amended by striking that Code section and inserting in its place a new Code section to read as follows: 53-4-5. (a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate. (b) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if a court of competent jurisdiction, during the lifetime of the father and after the conception of the child, has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law, or has otherwise entered a court order establishing the father of the child born out of wedlock. If no such order has been entered, neither the father nor any paternal kin may inherit from the child born out of wedlock by reason of the paternal kinship. Section 20 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. EVIDENCEWITNESSES; DELIVERY OF PRISONERS UNDER SENTENCE OF DEATH; PROCEDURE. Code Section 24-10-60 Amended. No. 1425 (House Bill No. 1627). AN ACT To amend Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's

Page 1733

delivery to serve as a witness or criminal defendant, so as to provide procedures for the delivery of a prisoner under a sentence of death as a witness; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 24-10-60 of the Official Code of Georgia Annotated, relating to issuance of an order requiring a prisoner's delivery to serve as a witness or criminal defendant, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) If a prisoner under a death sentence is needed as a witness for either the prosecution or the defense in any felony case, the requesting party may interview the proposed witness. Following such interview, the requesting party may move for a writ of habeas corpus ad testificandum. Such motion shall be accompanied by a proffer of the testimony of the proposed witness. The requesting party shall make such motion and proffer as soon as possible but shall not make such motion later than 20 days prior to the date of the trial. Nothing in this Code section shall limit the right of a party from presenting a material witness at a hearing or trial and to have compulsory process for that purpose. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1734

COUNTIESBUSINESS AND OCCUPATIONAL LICENSE TAXES AND FEES; CRITERIA. Code Section 36-1-22 Amended. No. 1426 (House Bill No. 1657). AN ACT To amend Code Section 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occupational license taxes and license fees, so as to provide criteria upon which such taxes or fees may be levied, assessed, and collected; 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 36-1-22 of the Official Code of Georgia Annotated, relating to the authority of counties to levy, assess, and collect business and occupational license taxes and license fees, is amended by striking subsection (d) in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (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. Taxes or fees levied, assessed, and collected pursuant to the authority of this Code section may be based upon any one or combination of the following criteria: (1) Gross receipts, notwithstanding the provisions of Code Section 48-8-6; (2) Square footage; (3) Number of employees; (4) Fixed fee; or

Page 1735

(5) Any other criterion reasonably related to the purposes 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 12, 1988. EDUCATIONCERTIFICATION OF PROFESSIONAL PERSONNEL; APPLICATION FEES. Code Section 20-2-200 Amended. No. 1427 (House Bill No. 1714). AN ACT To amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional personnel employed in the public schools of Georgia, so as to provide for fees to be paid by persons who file certain applications with the State Board of Education; 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 20-2-200 of the Official Code of Georgia Annotated, relating to the certification by the State Board of Education of professional personnel employed in the public schools of Georgia, is amended by adding at the end thereof a new subsection (e) to read as follows:

Page 1736

(e) (1) The State Board of Education shall charge the following fees to persons who file applications with the state board under its regulations adopted pursuant to the authority of this Code section: (A) For an applicant for certification who is not actively teaching in Georgia Public Schools 20.00 (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university 20.00 (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate 20.00 (E) For an applicant for a conditional certificate 20.00 (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public school in Georgia 20.00 (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates 20.00 (2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application.

Page 1737

(3) The fees provided for in this subsection shall be paid by the State Board of Education into the general funds of the state. The State Board of Education shall adopt regulations to carry out the provisions of this subsection. Section 2 . This Act shall become effective on July 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. HIGHWAYS, BRIDGES, AND FERRIESRELOCATION ASSISTANCE; FEDERAL-AID PROJECTS; UNIFORM LAND ACQUISITION POLICIES. Code Title 32, Chapters 4 and 8 Amended. No. 1428 (House Bill No. 1768). AN ACT To amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, and Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, so as to provide conformity with federal law; to provide uniform relocation assistance to persons displaced by federal-aid projects; to provide uniform land acquisition policies; 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 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended in Code Section 32-4-41, relating to the duties of a county, by striking paragraph (6) and inserting in lieu thereof a new paragraph to read as follows:

Page 1738

(6) In acquiring property for rights of way for federal-aid highway projects on its county road system, the county shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general shall be guided by the policies applicable to the department as set forth in Code Section 32-8-1. Section 2 . Said Chapter 4 of Title 32 is further amended in Code Section 32-4-92 of the Official Code of Georgia Annotated, relating to the powers and duties of a municipality, by striking paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph to read as follows: (3) A municipality may acquire, manage, and dispose of real property or any interests therein for public roads on its municipal street system under the procedures provided in Article 1 of Chapter 3 of this title and in Chapter 7 of this title. In acquiring property for rights of way for federal-aid highway projects on its system, the municipality shall comply with the requirements of the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17, and in general be guided by the policies applicable to the department as set forth in Code Section 32-8-1. For good cause shown, a municipality, at any time after commencement of condemnation proceedings and prior to final judgment therein, may dismiss its condemnation action, provided that (A) the condemnation proceedings have not been instituted under Article 1 of Chapter 3 of this title and (B) the condemnor has first paid to the condemnee all expenses and damages accrued to the condemnee up to the date of the filing of the motion for dismissal of the condemnation action;. Section 3 . Chapter 8 of Title 32 of the Official Code of Georgia Annotated, relating to relocation assistance, is amended by striking said chapter in its entirety and inserting in lieu thereof a new chapter to read as follows: CHAPTER 8 32-8-1. (a) As used in this chapter, the term `Uniform Act' means the Uniform Relocation Assistance and Real Property

Page 1739

Acquisition Policies Act of 1970, as amended by the Uniform Relocation Act Amendments of 1987, Title IV of Public Law 100-17. The department, as required by the Uniform Act: (1) Shall make or approve payments, in accordance with Section 210 of the Uniform Act, for relocation expenses and replacement housing expenses and shall provide relocation assistance advisory services outlined in Section 205 of the Uniform Act; and (2) Shall make or approve payments, in accordance with Section 305(2) of the Uniform Act, to any person, family, business, farm operation, or nonprofit organization whose real property has been acquired by the department or is subject to a condemnation proceeding brought by the department for any federal-aid project in the state, the costs of which are now or hereafter financed in whole or in part from federal funds allocated to the department: (A) For expenses incident to the transfer of real property acquired by the department, prepayment of mortgage penalties, and a pro rata portion of real property taxes on real property acquired by the department; (B) For litigation expenses actually incurred by the condemnee in any condemnation proceeding brought by the department if the final judgment is that the department cannot acquire the real property by condemnation or the condemnation proceeding is formally abandoned by the department; or (C) For litigation expenses incurred by the plaintiff in any inverse condemnation proceeding brought against the department in which judgment is rendered in favor of the plaintiff. (b) In acquiring real property for any federal-aid project, the costs of which are financed in whole or in part from federal funds allocated to the department, the department shall be guided to the greatest extent practicable under state law by the land acquisition policies in Section 301 of the Uniform Act and the provisions of Section 302 of the Uniform Act.

Page 1740

(c) Nothing contained in this Code section shall be construed as creating in any condemnation proceeding brought under the power of eminent domain any element of value or of damage. 32-8-2. The department shall have the authority, as a last resort, to provide replacement housing when a federal-aid project financed in whole or in part with federal aid cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of providing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of such property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4. 32-8-3. Reserved. 32-8-4. The department is authorized to make or approve payments for all necessary relocation expenses, replacement housing expenses, relocation advisory services, expenses incident to the transfer of real property, and litigation expenses as provided for in subparagraphs (a)(2)(A), (a)(2)(B), and (a)(2)(C) of Code Section 32-8-1 of any individual, family, business, farm operation, or nonprofit organization displaced by a state-aid highway project on the state highway system, the cost of which is now or hereafter financed in whole or in part from state funds. The department shall be guided by the policies, provisions, and limitations of the Uniform Act. The department shall not implement any relocation assistance on any state-aid projects on the state highway system without the prior concurrence of the board. 32-8-5. The department shall have the authority, as a last resort, to provide replacement housing when a state-aid

Page 1741

project on the state highway system cannot proceed to actual construction because no comparable replacement sale or rental housing is available. In carrying out the relocation assistance activities, the department, with prior concurrence of the board, shall be authorized to make payments, construct or reconstruct with its own forces, cause to be constructed or reconstructed, and purchase by deed or condemnation any real property for the purposes of relocating or constructing replacement housing. The department may exchange, lease, or sell to the displaced person such replacement housing. Whenever any real property has been acquired under this Code section and thereafter the department determines that all or any part of said property or any interest therein is no longer needed for such purposes because of changed conditions, the department is authorized to dispose of such property or interest therein in accordance with subsection (b) of Code Section 32-7-4. 32-8-6. (a) Nothing in this chapter is intended to conflict with any federal law, and in case of such conflict such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict. (b) The department is authorized to take the necessary steps to secure the full benefit of any federal-aid program and to meet any contingencies not provided for in this chapter, abiding at all times by a fundamental purpose to plan, construct, reconstruct, and maintain, as economically as possible, the public roads and other major transportation facilities of Georgia which will best promote the interest, welfare, and progress of the citizens of Georgia. 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 12, 1988.

Page 1742

RETIREMENT AND PENSIONSSTATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATION; REFERENCES CHANGED TO DEPARTMENT OF TECHNICAL AND ADULT EDUCATION. Code Title 47, Chapters 2, 3, and 4 Amended. No. 1429 (House Bill No. 1779). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change references to the State Board of Postsecondary Vocational Education to the Department of Technical and Adult Education; to provide an effective date and conditions for this Act to become effective; 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 paragraphs (16.3) and (16.4) of Code Section 47-2-1, relating to definitions under the Employees' Retirement System of Georgia, in their entirety and substituting in lieu thereof new paragraphs (16.3) and (16.4) to read as follows: (16.3) `Employee' may include persons employed on and after July 1, 1987, for the first time by the Department of Technical and Adult Education or by postsecondary vocational-technical schools governed by the Department of Technical and Adult Education only if such personnel elect membership in the retirement system pursuant to subsection (j) of Code Section 47-3-60. (16.4) `Employee' shall not include persons who are employed by the Department of Technical and Adult Education or by a postsecondary vocational-technical school governed by the Department of Technical and Adult Education and who elect to become members of the Teachers Retirement System of Georgia pursuant to the authority of subsection (j) of Code Section 47-3-60.

Page 1743

Section 2 . Said title is further amended by striking subparagraphs (F.2) and (F.3) of paragraph (28) of Code Section 47-3-1, relating to definitions under the Teachers Retirement System of Georgia, in their entirety and substituting in lieu thereof new subparagraphs (F.2) and (F.3) to read as follows: (F.2) Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the Department of Technical and Adult Education if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60; (F.3) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as July 1, 1987, or the date on which the Department of Technical and Adult Education assumes governance of the postsecondary vocational-technical school if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement System of Georgia pursuant to subsection (j) of Code Section 47-3-60;. Section 3 . Said title is further amended by striking paragraphs (1) and (2) of subsection (j) of Code Section 47-3-60, relating to eligibility for membership in the Teachers Retirement System of Georgia in their entirety and substituting in lieu thereof new paragraphs (1) and (2) to read as follows: (1) Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on and after July 1, 1985, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment if otherwise eligible under laws, rules, and regulations, unless such personnel elect membership in the Employees' Retirement

Page 1744

System of Georgia and are otherwise eligible under laws, rules, and regulations. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The Department of Technical and Adult Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel shall choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retirement System at the time of their employment. (2) All full-time employees of a postsecondary vocational-technical school formerly operated by a local board of education or area postsecondary vocational education board as of July 1, 1987, or the date on which the state board assumes governance of the postsecondary vocational-technical school shall elect either to continue membership in the Teachers Retirement System of Georgia or to become members of the Employees' Retirement System of Georgia. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any post-secondary vocational-technical school governed thereby. All employees who are members of the Public School Employees Retirement System may elect to continue their membership in the Public School Employees Retirement System or to become members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia if otherwise eligible under laws, rules, or regulations. Section 4 . Said title is further amended by striking subsection (a) of Code Section 47-3-63, relating to the membership of certain employees in the Teachers Retirement System of Georgia, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

Page 1745

(a) In accordance with Code Section 47-4-40, full-time public school lunchroom, maintenance, or warehouse managers or supervisors or full-time public school transportation managers or supervisors including those employed by post-secondary vocational-technical schools governed by the Department of Technical and Adult Education may elect to become members of the Teachers Retirement System of Georgia. Any such personnel exercising such option shall begin making the employee contributions required by this chapter. Section 5 . Said title is further amended by striking paragraph (20) of Code Section 47-4-2, relating to definitions under the Public School Employees Retirement System, in its entirety and substituting in lieu thereof a new paragraph (20) to read as follows: (20) `Public school employee' or `employee' means all those employees of public schools including postsecondary vocational-technical schools governed by the Department of Technical and Adult Education who are not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia. Certain public school employees, as defined in this paragraph, shall have the option to become members of the Teachers Retirement System of Georgia in accordance with subsection (d) of Code Section 47-4-40 or to become members of the Employees' Retirement System of Georgia in accordance with subsection (e) of Code Section 47-4-40 and except as provided by such subsections, any public school employee becoming a member of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall cease to be a member of the retirement system created by this chapter. Section 6 . Said title is further amended by striking subsections (d) and (e) of Code Section 47-4-40, relating to membership in the Public School Employees Retirement System and options

Page 1746

in connection therewith, in their entirety and substituting in lieu thereof new subsections (d) and (e) to read as follows: (d) Full-time public school lunchroom, maintenance, or warehouse managers or supervisors, or full-time public school transportation managers or supervisors including those employed by postsecondary vocational-technical schools governed by the Department of Technical and Adult Education shall have the option of becoming members of the Teachers Retirement System of Georgia, in accordance with Code Section 47-3-63. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after November 1, 1982, shall have the option, which must be exercised within 30 days after becoming employed, of becoming a member of this retirement system or of becoming a member of the Teachers Retirement System of Georgia, provided that any such person who becomes employed by a postsecondary vocational-technical school governed by the Department of Technical and Adult Education after July 1, 1987, shall exercise such option within one day after becoming so employed. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of local units of administration and postsecondary vocational-technical schools governed by the Department of

Page 1747

Technical and Adult Education to notify their respective employees and persons who become employed in the future and who are subject to this subsection of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options. (e) Lunchroom, maintenance, warehouse, or transportation workers employed by postsecondary vocational-technical schools governed by the Department of Technical and Adult Education, who are otherwise eligible under laws, rules, or regulations, shall have the option of becoming members of the Employees' Retirement System of Georgia, in accordance with Code Sections 20-2-311, 47-2-1, and 47-2-190. Any of such personnel who have heretofore exercised said option or who hereafter exercise said option who have or had ten or more years of creditable service under this chapter may withdraw their accumulated contributions from the fund and upon withdrawing such contributions, such personnel shall cease to be members of the retirement system. Said personnel may elect to allow their accumulated contributions to remain in the fund, and such personnel shall retain the vested rights established by Code Section 47-4-100. Upon exercising such option, however, any such personnel shall cease making contributions to the retirement system, and no additional creditable service shall be allowed under the retirement system. Any such person who elects such option and who has less than ten years of creditable service under this chapter shall withdraw the person's accumulated contributions from the fund and, upon exercising such option, such personnel shall cease to be members of the retirement system. Any person subject to this subsection who becomes employed on or after July 1, 1987, shall have the option, which must be exercised within one day after becoming employed, of becoming a member of this retirement system or of becoming a member of the Employees' Retirement System of Georgia. No such person shall be a member of both such retirement systems under any circumstances. Such option shall be exercised by notification, in writing, to the respective boards of trustees of such retirement systems. It shall be the duty and responsibility of postsecondary vocational-technical schools governed by the Department of Technical and Adult Education to notify their respective employees and persons who become employed in the future and who are subject to this subsection

Page 1748

of the options provided for in this subsection and to furnish such employees appropriate forms for the exercise of such options. Section 7 . This Act shall become effective on July 1, 1988, only if an Act is adopted at the 1988 regular session of the General Assembly of Georgia and becomes law on July 1, 1988, which changes the name of the State Board of Postsecondary Vocational Education to the State Board of Technical and Adult Education, creates the Department of Technical and Adult Education, and provides for related matters. If such Act is not adopted at the 1988 regular session of the General Assembly and does not become law on July 1, 1988, this Act shall be null, void, and of no force and effect. Section 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. AD VALOREM TAXESSCHOOL LUNCHES; PURCHASE OF FOOD; MUNICIPAL DEVELOPMENT AUTHORITY FUNDS. Code Sections 48-5-220 and 48-5-350 Amended. No. 1430 (House Bill No. 1785). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to change the provisions relating to levy of county taxes for the purchase of foods for school lunch purposes; to change the amount of tax that a municipality may levy and collect to provide funds for municipal development authorities; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 1749

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, is amended in Code Section 48-5-220, relating to purposes of county taxes, by striking paragraph (18) in its entirety and substituting in lieu thereof a new paragraph (18) to read as follows: (18) For school lunch purposes, upon property located outside of independent school systems as provided in Article VIII of the Constitution of this state, to provide for payment of costs and expenses incurred in the purchase, replacement, and maintenance of school lunchroom equipment, purchase of school lunchroom supplies, transportation, storage, and preparation of foods, all other costs and expenses incurred in the operation of school lunch programs; . Section 2 . Said chapter is further amended by striking in its entirety Code Section 48-5-350, relating to the municipal power to levy and collect tax to provide funds for municipal development authorities, and inserting in lieu thereof a new Code Section 48-5-350 to read as follows: 48-5-350. Every municipality may levy and collect municipal taxes upon all taxable property within the limits of the municipality to provide for financial assistance to its development authority or a joint county and municipal development authority for the purpose of developing trade, commerce, industry, and employment opportunities. The tax levied for the purposes provided in this Code section shall not exceed three mills per dollar upon the assessed value of the property; provided, however, the authorization contained in this Code section to levy and collect such tax shall not be deemed to be exclusive and shall not prevent any municipality from exercising any additional power granted to it pursuant to any constitutional amendment, whether general or special, to levy any ad valorem tax for the purpose of providing financial assistance to any municipal or joint county and municipal development authority. The exceptions to the three mill per dollar tax limitation contained in the proviso of the preceding sentence shall not be construed so as to affect any action pending in court on February 20, 1984.

Page 1750

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 12, 1988. ABANDONED MOTOR VEHICLESNOTICES; INFORMATION; LAW ENFORCEMENT AGENCIES; OWNERS; LIENS. Code Sections 40-11-2, 40-11-3, and 40-11-5 Amended. No. 1431 (Senate Bill No. 442). AN ACT To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to require that certain information relative to motor vehicles removed from property be sought; to require that certain notices and information relative to such motor vehicles be given; to require that certain information and notices required to be given relative to abandoned motor vehicles shall be given by sworn statement; to require additional notices and information; to require that certain information be forwarded to certain information centers; to provide for certain civil and criminal penalties when certain information and notices are not given; 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 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-2, relating to the duty of persons removing or storing motor vehicles, which reads as follows:

Page 1751

40-11-2. (a) Any person who removes a motor vehicle from public or private property at the request of someone other than the owner or who stores any motor vehicle which has been left unattended shall seek the identity of the owner of such vehicle and shall, within 15 days of the day such vehicle became an abandoned motor vehicle, give notice in writing to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, and the present location of such vehicle, and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. (b) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within three days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (c) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location where such vehicle was initially left unattended by the owner, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed., and inserting in lieu thereof a new Code Section 40-11-2 to read as follows:

Page 1752

40-11-2. (a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle is unknown, seek the identity of and address of the last known registered owner of such vehicle from the law enforcement officer requesting removal of such or his agency within 72 hours of removal. (b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle is unknown, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle and any information indicating that such vehicle is a stolen motor vehicle. (c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle. (d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under Chapter 11 of this title unless the owner redeems such motor vehicle within 30 days of the day such vehicle was removed. (e) If the owner fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle

Page 1753

being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, to the Department of Revenue and the Georgia Bureau of Investigation, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, he shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. (f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.

Page 1754

(h) Information forwarded to the Georgia Bureau of Investigation as required by this Code section shall be placed by the bureau on the National Crime Information Center Network. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue and the Georgia Bureau of Investigation if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle. (k) Any person who does not provide the notice and information required by this Code section shall not be entitled to any storage fees. (l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Section 2 . Said title is further amended by adding at the end of Code Section 40-11-3, relating to peace officers' removing vehicles, a new subsection (d) to read as follows: (d) (1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown: (A) Notify the Department of Revenue and the Georgia Crime Information Center of the description of the vehicle and the location to which such motor vehicle has been removed; and

Page 1755

(B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vehicle. (2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact. Section 3 . Said title is further amended by striking paragraph (2) of Code Section 40-11-5, relating to lien foreclosures, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with; . Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1756

PROPERTYBANKRUPTCY; EXEMPTION; FUNDS OR PROPERTY HELD BY PUBLIC RETIREMENT AND PENSION PLANS AND CERTAIN NONPROFIT CORPORATIONS. Code Section 44-13-100 Amended. No. 1432 (Senate Bill No. 510). AN ACT To amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, so as to provide an exemption for certain funds or property held on behalf of debtors under certain public retirement and pension plans and systems and under certain plans and systems of certain nonprofit corporations; 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 44-13-100 of the Official Code of Georgia Annotated, relating to property which may be exempted by debtors who are natural persons for purposes of bankruptcy, is amended by adding between paragraphs (2) and (3) a new paragraph (2.1) to read as follows: (2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system: (A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) financially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; or (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both;

Page 1757

and (ii) financially supported in whole or in part by funds of the nonprofit corporation, (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treatment as those specified in (A) and (B) provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; . Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. HEALTHBOARDS OF HEALTH OF CONSOLIDATED CITY-COUNTY GOVERNMENTS; ENVIRONMENTAL HEALTH SERVICE FEES. Code Section 31-3-4 Amended. No. 1433 (Senate Bill No. 527). AN ACT To amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, so as to delete certain provisions restricting the power of boards of health of consolidated city-county governments with respect to the establishment and collection of fees for environmental health services; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1758

Section 1 . Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to powers of county boards of health, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 31-3-4. The county board of health is empowered to: (1) Establish and adopt bylaws for its own governance. Meetings shall be held no less frequently than quarterly; (2) Exercise responsibility and authority in all matters within the county pertaining to health unless the responsibility for enforcement of such is by law that of another agency; (3) Take such steps as may be necessary to prevent and suppress disease and conditions deleterious to health and to determine compliance with health laws and rules, regulations, and standards adopted thereunder; (4) Adopt and enforce rules and regulations appropriate to its functions and powers, provided such rules and regulations are not in conflict with the rules and regulations of the department. Such rules and regulations must be reasonably adapted to the purposes intended and must be within the purview of the powers and duties imposed upon the county board of health by this chapter; (5) Receive and administer all grants, gifts, moneys, and donations for purposes pertaining to health pursuant to this chapter; (6) Make contracts and establish fees for the provision of mental health and other public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal

Page 1759

funding. No person shall be denied services on the basis of his inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority; and (7) Contract with the Department of Human Resources or other agencies for assistance in the performance of its functions and the exercise of its powers and for supplying services which are within its purview to perform, provided that such contracts and amendments thereto shall have first been approved by the department. In entering into any contracts to perform its functions and to exercise its powers, and for supplying services which are within its purview to perform, any county board of health or any health district created under the authority of Code Section 31-3-15 shall be considered an agency and such agency shall have the authority to contract with any other county board of health; combination of county boards of health; any other health district; public or private hospitals; hospital authorities; medical schools; training and educational institutions; departments and agencies of the state; county or municipal governments; persons, partnerships, corporations, and associations, public or private; the United States government or the government of any other state; or any other legal entity. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1760

INSURANCEHEALTH BENEFIT PLANS, INDIVIDUAL ACCIDENT AND SICKNESS INSURANCE; INSURANCE WITH OTHER INSURERS. Code Sections 33-21-13, 33-29-2, and 33-29-4 Amended. No. 1434 (Senate Bill No. 601). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that group conversion policies and major medical policies may contain a provision relating to certain insurance coverages with other insurers; to make certain coordinating editorial revisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 33-21-13, relating to the issuance and contents of evidence of coverage under certain health benefits plans, and inserting in its place a new paragraph (2) to read as follows: (2) No provisions or statements which are in violation of Code Section 33-24-23 or paragraph (9) of subsection (a) of Code Section 33-29-2; and. Section 2 . Said title is further amended by striking the word and at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting in its place ; and, and by adding immediately following paragraph (8) of subsection (a) of Code Section 33-29-2, relating to requirements of individual accident and sickness policies generally, a new paragraph, to be designated paragraph (9), to read as follows: (9) It contains no provision relating to insurance with other insurers, provided that group conversion policies and major medical policies may contain provisions relating to

Page 1761

other insurance benefits payable under group or blanket accident and sickness insurance policies. Section 3 . Said title is further amended by repealing in its entirety paragraph (11) of subsection (b) of Code Section 33-29-4, relating to optional policy provisions for individual accident and sickness insurance, which reads as follows: (11) No such accident and sickness insurance policy shall contain any provision relating to insurance with other insurers. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. MENTAL HEALTHMINOR CHILD DRUG SCREENING PROGRAM; ESTABLISHMENT; COUNTY BOARDS OF HEALTH. Code Section 37-2-11.1 Enacted. No. 1435 (Senate Bill No. 641). AN ACT To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, so as to provide for legislative findings; to provide for a minor child drug screening program and for requirements, conditions, and procedures relating thereto; to provide for statutory construction; to provide for immunity from liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1762

Section 1 . Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of mental health, mental retardation, and substance abuse services, is amended by adding after Code Section 37-2-11 a new Code section to read as follows: 37-2-11.1. (a) The department may develop and establish a minor child drug screening program in each county of the state which shall be operated by each county board of health and which shall constitute disability services within the meaning of this chapter. The program shall include standards and procedures whereby a parent or guardian of a child will be able to supply a urine specimen, for the purposes of laboratory screening of that specimen for the presence of drugs, of any such child whom that parent or guardian suspects of using or experimenting with drugs. The program shall also include safeguards to ensure the confidentiality of the screening results so that only the requesting parent or guardian may obtain those results from the board of health and so that the child whose specimen is tested will not be identified by name. The program shall provide which clinical laboratories, including but not limited to any such laboratory operated by the department or a county board of health, may conduct such screening tests. The program shall also provide for appropriate referrals of such parents and guardians to public or private organizations for counseling concerning drug abuse. This may include making available a list of local or nearby referral resources. This list should include acute detoxification or psychiatric resources, outpatient resources, longer term inpatient and away-from home resources, and self-help and other resources. The department shall also establish a fee schedule, based on income, for the tests provided pursuant to this Code section, which schedule shall be designed to ensure that the total fees generated by the program reasonably approximate the direct and indirect expenses of such program so that additional public funds will not be required to finance the program, but no person shall be denied services under this Code section because of that person's inability to pay for those services. A county board of health may elect to provide services under this Code section at no charge or at a reduced charge as long as no state funds are required therefor. Nothing in this Code section shall be construed to conflict with any federal law or regulation applicable thereto.

Page 1763

(b) Physicians and other health care providers in the screening program established pursuant to this Code section who provide the services under the program to nonpatient children whose identities are known only to their parents or guardians have no liability for any such services which do not involve treatment of identified children or their parents or guardians, absent a showing of gross negligence or willful or wanton misconduct by such physician or other health care provider. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. AD VALOREM TAXESCOUNTY TAX DIGESTS; REVIEW AND EQUALIZATION; AD VALOREM ASSESSMENT REVIEW COMMISSION. Code Section 48-2-18 Amended. Code Sections 48-5-271 and 48-5-272 Repealed. Code Sections 48-5-340 through 48-5-349.5 Enacted. No. 1436 (House Bill No. 1279). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, so as to provide a procedure for the review, correction, and equalization of county tax digests; to provide legislative intent; to define certain terms; to specify duties of the state revenue commissioner; to provide criteria for the performance of such duties; to require certain notices; to require correction of errors in county tax digests; to provide in certain cases for withholding of state funds as a penalty for failure of a county to correct its tax digest; to create the Ad Valorem Assessment Review Commission; to provide for appointments, terms of office, and compensation of the members of the commission; to provide for review of the state revenue commissioner's

Page 1764

decisions concerning county tax digests by appeals boards composed of members of the Ad Valorem Assessment Review Commission; to provide for review of the time periods allowed for correction of errors in digests; to provide procedures; to provide powers; to provide for appeals of decisions of appeals boards; to provide for other matters relative to the foregoing; to provide for the specific repeal of certain provisions relating to examination of county tax digests by the state revenue commissioner and certain adjustments of the county tax digest and millage levy; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 48 of the Official Code of Georgia Annotated, the Georgia Public Revenue Code, is amended by adding a new article immediately following Article 5 of Chapter 5, to be designated Article 5A, to read as follows: ARTICLE 5A 48-5-340. It is the purpose and intent of this article to establish a procedure for use by the commissioner to equalize county property tax digests between counties and within counties so as to require county boards of tax assessors to make adjustments in the valuation of property to ensure uniformity and equity. The commissioner shall continue to examine the digest and exercise his responsibility to bring about property valuations that are reasonably uniform and equalized throughout the state. 48-5-341. As used in this article, the term: (1) `Appeals board' means a group of five commission members appointed by the chairman of the Ad Valorem Assessment Review Commission to hear and decide appeals. (2) `Assessment bias' means any tendency or trend of assessment ratios, when analyzed by an appropriate statistical method, which reveals assessment progressivity or assessment regressivity.

Page 1765

(3) `Assessment progressivity' means any systematic pattern of assessment in which higher value properties are generally assessed at a larger percentage of fair market value than properties of lower value. (4) `Assessment ratio' means the fractional relationship the assessed value of property bears to the fair market value of the property. (5) `Assessment regressivity' means any systematic pattern of assessment in which lower value properties are generally assessed at a larger percentage of fair market value than properties of higher value. (6) `Assessment variance' means the absolute value of the difference between the assessment ratio for each parcel of property within each class of property and the average assessment ratio for that class and expressed as a percentage of the average assessment ratio. (7) `Class of property' means any reasonable divisions of homogeneous groups of property that the commissioner determines are necessary to examine digests for uniformity and equalization. (8) `Commission' means the Ad Valorem Assessment Review Commission. 48-5-342. (a) The commissioner shall carefully examine the tax digests of the counties filed in his office. Each digest shall be examined for the purpose of determining if the valuations of property for taxation purposes are reasonably uniform and equalized between counties and within counties. (b) For any digest for the preceding year which was disapproved by the commissioner, the commissioner shall also carefully examine the digest to determine if it satisfactorily corrects the deficiencies that resulted in the digest for the preceding year being disapproved. (c) It shall be the further duty of the commissioner to examine the itemizations of exempt properties appearing

Page 1766

on the digest and, if in the judgment of the commissioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believing the property is subject to taxation. 48-5-343. (a) The commissioner shall approve the digest of any county as being reasonably uniform and equalized if the digest meets the following criteria: (1) The average assessment ratio for each class of property within the county shall be as close to 40 percent as is reasonably practicable; (2) The average assessment variance for each class of property within the county shall not be excessive with respect to that which is reasonably practicable; and (3) Within each class of property, assessment ratios of the properties shall not reveal any significant assessment bias. (b) The commissioner shall by regulation establish the statistical methods to be used in determining whether or not digests are in accordance with the uniformity requirements contained in subsection (a) of this Code section. The commissioner shall utilize the most reliable and accurate statistical methods available. (c) If the assessed value of the portion of the digest that does not meet the uniformity requirements constitutes 10 percent or less of the assessed value of the total digest, the commissioner may approve the digest if, in his judgment, the approval will not substantially violate the concept of uniformity and equalization. 48-5-344. (a) If the commissioner determines that in any one or more of the counties the taxable values of property are not reasonably uniform and equalized in accordance with the requirements of subsection (a) of Code Section 48-5-343, he shall disapprove the digest and notify the county board of tax assessors in writing of his action. (b) The written notification shall contain:

Page 1767

(1) A list of specific reasons that resulted in the digest being disapproved; (2) A list of the statistical methods used by the commissioner when examining the digest; (3) A list of adjustments that, if used by the board of tax assessors, would correct the deficiencies that resulted in the digest being disapproved; and (4) Any other information the commissioner believes would be of assistance to the county board of tax assessors in making the digest reasonably uniform and equalized. 48-5-345. (a) A digest disapproved by the commissioner in any year may be used in that year by the governing authorities of the county for the collection of taxes. (b) In the year following the year in which the digest was disapproved, the county shall submit a new digest to the commissioner which satisfactorily corrects the deficiencies that resulted in the digest for the preceding year being disapproved. 48-5-346. (a) (1) If a county tax digest for the preceding year was disapproved and the commissioner disapproves the subsequent digest for the same or substantially the same reasons, the commissioner shall order the withholding from the county of the state grants specified in this paragraph, except that the commissioner shall not so order withholding of funds as a result of the disapproval of a county tax digest for a year prior to 1991. The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect permanently withhold from the county any funds otherwise becoming payable during the withholding period specified in paragraph (2) of this subsection to the county under: (A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36; (B) The county appraisal staff grant program specified in Code Section 48-5-267; and

Page 1768

(C) The public road grant program specified in Code Section 48-14-3. (2) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall continue until such time as the digest is satisfactorily corrected as to the deficiencies identified by the commissioner that resulted in the digest being initially disapproved. (b) The commissioner shall determine and publish annually a list of all available state grants which will be withheld in accordance with this Code section. (c) If the digest for the preceding year was disapproved and the commissioner disapproves the subsequent digest for different reasons, the county shall be given one year to correct the deficiencies that resulted in the subsequent digest being disapproved, as provided in Code Section 48-5-345. 48-5-347. (a) There is created the Ad Valorem Assessment Review Commission composed of a pool of five members from each congressional district in the state who shall be appointed by the Governor, subject to confirmation by the Senate. (b) The Governor in making his initial appointments shall appoint ten members, one from each congressional district, for a term of office of one year; ten members, one from each congressional district, for a term of two years; ten members, one from each congressional district, for a term of three years; ten members, one from each congressional district, for a term of four years; and ten members, one for each congressional district, for a term of five years. Thereafter, all appointments of successors to the initial members of the commission shall be for terms of office of five years and until the appointment and qualification of their successors. (c) Vacancies on the commission shall be filled in the same manner as the original appointment and shall be for the unexpired term. (d) For each day of service as a member of the commission, a member shall receive the expenses and allowances authorized by law for members of the General Assembly.

Page 1769

48-5-348. (a) The commission, through an appeals board, shall hear and determine appeals by local governing authorities on issues relating to the disapproval of the digest by the commissioner including, but not limited to, the issue of the adequacy of the time period allowed to correct the deficiencies that resulted in the digest being disapproved. (b) (1) Each appeals board may compel the attendance of witnesses and the production of books and records or other documents from the county board of tax assessors. The board may also compel the production of appropriate records from the commissioner. (2) No request for information authorized in paragraph (1) of this subsection shall be enforceable unless a majority of the appeals board approves such action. (c) With respect to any digest disapproval by the commissioner which will not result in the withholding of state funds, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest disapproval by the commissioner which will result in the withholding of state funds, the county governing authority shall be authorized to appeal on the issues of: (1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and (2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal. 48-5-349. (a) Within each congressional district, the members of the Ad Valorem Assessment Review Commission shall be appointed on the basis of the following qualifications: (1) One member shall be an attorney licensed to practice law in the state;

Page 1770

(2) One member shall be an appraiser certified by the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers; (3) One member shall be licensed by the Georgia Real Estate Commission to sell real estate in the state; and (4) Two members shall be sufficiently knowledgeable to make judgments concerning the fair market valuation of all classes of property within the congressional district. (b) Tax collectors, tax commissioners, tax receivers, members of county boards of equalization, members of county boards of tax assessors, and their employees are prohibited from serving on the commission. 48-5-349.1. (a) The Ad Valorem Assessment Review Commission shall have a chairman appointed by the Governor, who shall be responsible for the overall administration of the commission. The chairman is authorized to employ necessary staff including, but not limited to, a chief administrative officer for the purpose of establishing and maintaining an organized and efficient appeal procedure. (b) The chairman of the commission shall appoint the appeals boards and shall appoint a chairman for each appeals board. (c) For each appeal, an appeals board shall be appointed. No two members of the appeals board shall be from the same congressional district except that two members shall be from the congressional district encompassing the county making the appeal. Except as provided in this subsection, appointments to the appeals board shall be made without prejudice to any commission member or to the residency of any commission member. Each appeals board shall reflect, as closely as possible, the composition of commission members from each congressional district. A new appeals board shall be appointed for each appeal. For purposes of this Code section, each county shall be deemed to lie in the congressional district in which the greatest percentage of its population is located.

Page 1771

(d) The commission is assigned to the department for administrative purposes only. 48-5-349.2. (a) An appeal to the Ad Valorem Assessment Review Commission shall be effected by a local governing authority by filing with the commission a notice of appeal within 30 days after receipt by the local board of tax assessors of the commissioner's notification of digest disapproval. The notice of appeal shall be accompanied by whatever records, reports, or other relevant information is required by rule or order of the commission. A copy of the notice shall be furnished to the commissioner. (b) Within ten days of receipt of a notice of appeal, the chairman of the commission shall set the date for a hearing on the appeal. The initial hearing shall be held in the county making the appeal. At the initial hearing the appeals board, by vote of a majority of its members, may require additional hearings or filings of additional information by any person having custody of such information. In determining whether additional hearings are needed, the appeals board shall consider the need for such hearings in the county making the appeal for the purpose of receiving information on local factors affecting the determination of property valuations in the county. (c) (1) After hearing all testimony determined necessary by the appeals board and after reviewing all fillings and information determined to be relevant and necessary, the appeals board shall reach its decision. Each decision shall be rendered in writing and shall be signed by a majority of the members of the appeals board. (2) The decision shall: (A) Specifically decide each issue presented on appeal; and (B) Certify the date on which the notice of the decision is given. (3) Each party to an appeal shall be furnished a copy of the decision of the appeals board within ten days after the issuance of the decision.

Page 1772

(d) (1) The appeals board shall be authorized to grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5-343. The digest shall be deemed approved in any case where an appeal is granted under this paragraph. (2) The appeals board shall be authorized to grant an appeal with respect to the adequacy of the time period which was available to the county to correct prior deficiencies in the digest. If an appeal is granted under this paragraph, the digest shall be a disapproved digest for purposes of subsequent years, but no state funds shall be withheld as a result of the disapproval. 48-5-349.3. The commissioner or the county governing authority dissatisfied with the decision of an appeals board of the Ad Valorem Assessment Review Commission on any question of law may appeal to the superior court of the county dissatisfied with the decision. Any appeal to the superior court shall be taken, so far as is applicable, in the manner provided by law for appeals to the superior court from decisions of the commissioner. 48-5-349.4. Compliance by any local governing authority with the findings and decision of an appeals board of the Ad Valorem Assessment Review Commission, or of the court of final review, with respect to any matter concerning the local tax digest shall be considered satisfactory correction of the deficiency involved for the purposes of Code Sections 48-5-345 and 48-5-346. 48-5-349.5. Not later than January 20, 1990, and not later than the twentieth day of January of each year thereafter, the commissioner shall submit to the Banking and Finance Committee of the Senate and to the Ways and Means Committee of the House of Representatives an annual report concerning the implementation of this article. Such report shall contain such statistics and other matter as may be pertinent in determining from year to year the progress of the counties of this state in achieving the purpose and intent of this article, a statement of any state funds withheld from counties pursuant to this article and of the relevant circumstances,

Page 1773

and such other matter as may be deemed pertinent by the commissioner. Section 2 . Said title is further amended by adding a new subsection at the end of Code Section 48-2-18, relating to the State Board of Equalization, to be designated subsection (g), to read as follows: (g) The provisions of this Code section shall not apply with respect to appeals which are within the jurisdiction of the Ad Valorem Assessment Review Commission. Section 3 . Said title is further amended by striking Code Section 48-5-271, relating to examination by the commissioner of county tax digests for certain uniformity of property valuation, which reads as follows: 48-5-271. (a) It shall be the duty of the commissioner to examine carefully the tax digests of the several counties filed in his office pursuant to Code Section 48-5-302 and to compare the digests for the purpose of ascertaining whether the valuation of the various classes of property as made in the respective counties for taxation purposes is reasonably uniform both as between the various counties and as between the various classes within a county and also for the purpose of ascertaining compliance with Article VII, Section I, Paragraph III of the Constitution of this state. (b) If it appears to the commissioner that in any one or more of the counties the taxable values fixed upon any one or more classes of property are not reasonably uniform with the values fixed upon the same classes of property in other counties, or that within a county the taxable values of one or more of the classes of property have been fixed so that the percentage of taxable value does not conform to such values of other classes of property within the county, the commissioner shall investigate and inquire as to the reason for the lack of uniformity or conformity and, after making the investigation and comparison, shall have authority to adjust and equalize the digest. The commissioner's adjustment and equalization shall be based upon his reasonable determination as to what is just and right between the

Page 1774

counties and within a county and may be made by adding a fixed percentage to the county valuation of any class of property in any county if he finds the county valuation too low or by deducting a fixed percentage from the county valuation if he finds the county valuation if he finds the county valuation too high. The commissioner, if he deems appropriate, may return the tax digest to the county board of tax assessors to make adjustments in the valuation of any class or classes of property as may be prescribed by the commissioner to achieve the purpose and intent of this part. When the adjustments to the county valuations are made, the commissioner shall adjust the county millage levy, if necessary, so as to ensure that the adjusted county digest will produce an amount of revenue reasonably equivalent to that amount of revenue which would have been produced had no adjustments been made to the county valuations. In no case may the commissioner reduce the millage levy of a county below the rate required by the county to meet its fixed obligations. After making the adjustments authorized by this Code section, the commissioner shall notify both the board of tax assessors and the governing authority of the county affected by United States mail of the adjustments necessary. After such notice, the commissioner shall return the tax digest to the county for correction according to his adjustments. (c) It shall be the further duty of the commissioner to examine the itemizations of exempt properties appearing on the digest and, if in the judgment of the commissioner any properties appearing on the digest are subject to taxation, to so advise the board of tax assessors of the counties concerned with an explanation of his reasons for believing the property is subject to taxation., in its entirety. Section 4 . Said title is further amended by striking Code Section 48-5-272, relating to the duty of the county board of tax assessors and county governing authority to effect certain adjustments to the county digest and millage levy, which reads as follows: 48-5-272. Upon receipt of the notice from the commissioner required by subsection (b) of Code Section 48-5-271,

Page 1775

the county board of tax assessors and the county governing authority shall take such action as is required to effect the adjustments made by the commissioner to the county digest and county millage levy., in its entirety. Section 5 . This Act shall become effective on January 1, 1989. Section 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. NUISANCESAGRICULTURAL FACILITIES AND OPERATIONS. Code Section 41-1-7 Amended. No. 1437 (Senate Bill No. 570). AN ACT To amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change the provisions relating to treatment of agricultural facilities, farms, and agricultural operations as nuisances; to provide a declaration of policy; to provide definitions; to provide that certain agricultural facilities or agricultural operations shall not be nuisances under certain circumstances; to provide for exceptions; to declare certain ordinances to be void; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to

Page 1776

nuisances, is amended by striking Code Section 41-1-7, relating to treatment of agricultural or farming operations as nuisances, which reads as follows: 41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance. (b) No agricultural or farming operation, place, establishment, or facility, or any of its appurtenances or the operation thereof, shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural or farming operation, place, establishment, or facility if such agricultural or farming operation, place, establishment, or facility has been in operation for one year or more., and inserting in lieu thereof a new Code Section 41-1-7 to read as follows: 41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land and facilities for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance actions. As a result, agricultural facilities are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements or adopting new technology or methods. It is the purpose of this Code section to reduce losses of the state's agricultural resources by limiting the circumstances under which agricultural facilities and operations may be deemed to be a nuisance. (b) As used in this Code section, the term:

Page 1777

(1) `Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture. (2) `Agricultural operation' means: (A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, or harvesting of crops; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing of livestock, hogs, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing of feed for poultry or livestock; (H) The rotation of crops; (I) Commercial aquaculture; (J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and

Page 1778

( K ) The operation of any roadside market. (c) No agricultural facility or any agricultural operation at an agricultural facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such agricultural facility if the agricultural facility has been in operation for one year or more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility. (d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded or new techology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation of a previously established date of operation. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988ENACTMENT. Code Title 45, Chapter 22 Enacted. No. 1438 (House Bill No. 503). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for

Page 1779

comprehensive regulation of the disclosure to public employees of known and suspected health hazards of hazardous chemicals and substances; to provide for a short title; to provide for definitions; to provide for certain powers, duties, and authority of the Commissioner of Labor and Department of Labor; to provide for labeling of containers; to provide for certain exceptions; to provide for certain rights, duties, and responsibilities of certain contractors and subcontractors; to provide for the promulgation of a hazardous chemical list; to provide for contents and revision of such list; to create the Hazardous Chemicals Advisory Council and provide for its powers and duties; to require material safety data sheets for certain hazardous chemicals; to provide for contents of such sheets; to provide for duties and responsibilities of employers; to provide for safety training and minimum information standards; to provide for certain exceptions; to provide for rights of public employees; to provide for publication of hazardous chemical lists; to provide for procedures for making complaints of violations; to provide for remedies and appeals; to provide for soverign immunity; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding at the end thereof a new chapter, to be designated Chapter 22, to read as follows: CHAPTER 22 45-22-1. This chapter shall be known and may be cited as the `Public Employee Hazardous Chemical Protection and Right to Know Act of 1988.' 45-22-2. As used in this chapter, the term: (1) `Article' means a finished product or manufactured item: (A) Which is formed to a specific shape or design during manufacture; (B) Which has end use functions dependent in whole or in part upon its shape or design during end use; and

Page 1780

(C) Which has either no change of chemical composition during end use or only those changes of composition which have no commercial purpose separate from that of the article. (2) `Chemical name' means the scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry or the system developed by the Chemical Abstracts Service. (3) `Commissioner' means the Commissioner of Labor or his designee. (4) `Common name' means any designation or identification such as a code name, code number, trade name, or brand name used to identify a chemical other than by its chemical name. (5) `Contractor,' `independent contractor,' or `public contractor' means any person under a contract or agreement to provide labor or services to a public employer. (6) `Department' means the Department of Labor. (7) `Distributor' means an individual or employer, other than the manufacturer or importer, who supplies hazardous chemicals directly to users or to other distributors. (8) `Employee' or `public employee' means any person who is employed by any branch, department, board, bureau, commission, authority, or other agency of the state and any inmate under the jurisdiction of the Department of Corrections performing a work assignment which requires the handling of any hazardous chemicals. Such term shall not include those employees of the Environmental Protection Division of the Department of Natural Resources who are responsible for on-site response and assistance in the case of environmental emergencies while such employees are engaged in responding to such emergencies. (9) `Employer' or `public employer' means any branch, department, board, bureau, commission, authorities,

Page 1781

or other agency of the state which employs or appoints an employee or employees. An independent contractor or subcontractor shall be deemed the sole employer of its employees, even when such employees are performing work at the workplace of another employer. (10) `Exposed' or `exposure' means that an employee is required by a public employer to be subjected to a hazardous chemical in the course of employment through any route of entry, including but not limited to, inhalation, ingestion, skin contact, or absorption and includes potential or accidental exposure. (11) `Hazardous chemical' means any element, chemical compound, or mixture of elements and compounds as defined by the Georgia Hazardous Chemical List. (12) `Importer' means the first individual or employer within the Customs Territory of the United States who receives hazardous chemicals produced in other countries for the purpose of supplying them to distributors or users within the United States. (13) `Impurity' means a hazardous chemical which is unintentionally present with another chemical or mixture. (14) `List' means the Georgia Hazardous Chemical List promulgated pursuant to Code Section 45-22-5. (15) `Manufacturer' means a person who produces, synthesizes, extracts, or otherwise makes hazardous chemicals. (16) `Material safety data sheet' means the document prepared by manufacturers in accordance with the requirements of the Occupational Safety and Health Administration standard, 29 CFR Sections 1910.0000 through 1910.1500 (1987) and containing the following information: (A) The chemical name and the common name of the hazardous chemical;

Page 1782

(B) The hazards or other risks in the use of the hazardous chemical, including: (i) The potential for fire, explosion, corrosivity, and reactivity; (ii) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the hazardous chemical; and (iii) The primary routes of entry and the symptoms of overexposure; (C) The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the hazardous chemicals, including appropriate emergency treatment in case of overexposure; (D) The emergency procedures for spills, fire, disposal, and first aid; (E) A description in lay terms of the known specific potential health risks posed by the hazardous chemical intended to alert any person reading this information; and (F) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. (17) `Medical emergency' means a medical condition which poses an imminent threat to a person's health, caused or suspected to have been caused by exposure to a hazardous chemical, and which requires immediate treatment by a physician. (18) `Mixture' means any combination of two or more chemicals, if the combination is not, in whole or in part, the result of a chemical reaction.

Page 1783

(19) `Occupational Safety and Health Administration standard' means the Hazard Communication Standard issued by the Occupational Safety and Health Administration, 29 CFR Sections 1910.0000 through 1910.1500 (1987). (20) `Person' means any individual, natural person, public or private corporation, incorporated association, government, government agency, partnership, or unincorporated association. (21) `Produce' means to manufacture, process, formulate, or repackage. (22) `Specific chemical identify' means the chemical name, the Chemical Abstracts Service Registry Number, or any other specific information which reveals the precise chemical designation. (23) `Work area' means a room inside a building or structure, an outside area, or other defined space in a workplace where hazardous chemicals are produced, stored, or used and where employees are present in the course of their employment. (24) `Workplace' means an establishment or business of an employer at one geographic location at which work is performed and which contains one or more work areas. In the case of a public employer, the workplace shall be defined as all work areas wholly owned or controlled by the public employer. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor. 45-22-3. All hazardous chemicals introduced into the workplace by employers and used in the workplace by employees shall be in labeled containers that meet the requirements of the Occupational Safety and Health Administration standard; provided, however, that employers shall not be required to label portable containers into which hazardous chemicals are transferred from labeled containers provided that the portable container and the hazardous chemical transferred

Page 1784

to it are intended only for the immediate use of an employee who performs the transfer or who is present at the time of such transfer. 45-22-4. A public contractor who introduces hazardous materials into the workplace shall agree, and include a statement, in all bids, agreements, contracts, or other instrument to the effect that such contractor shall be responsible for compliance with the provisions of this chapter for persons employed by such contractor utilized under such contract. Any such public contractor who introduces hazardous chemicals into the workplace shall provide material safety data sheets for such chemicals to all employees using them and instruction in handling, emergency procedures, and disposal prior to introducing such hazardous chemicals. This Code section shall not be construed to place responsibility on any person, firm, or corporation other than public contractors. 45-22-5. (a) The department shall, in conjunction with the Environmental Protection Division of the Department of Natural Resources, promulgate the Georgia Hazardous Chemical List and shall make such list available to public employers. Chemicals on the list shall be designated by their chemical name and common name. Only those chemicals specifically enumerated on the list shall be subject to the provisions of this chapter. The department shall prepare and amend the list according to the department's established procedure for rule promulgation. A chemical shall be placed on the list only after a finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that exposure to, or use of, the chemical will result in acute or chronic risk to human health or safety. If at any time it is found that a chemical that is not on the list, as revised, poses a serious threat to human health or safety, the department may promulgate emergency revisions to the list according to the department's established procedures for rule promulgation. (b) The list shall contain only specific chemical and common names. Generic substances or categories are to be excluded. The list may be drawn from, but not limited to, those chemical substances enumerated in the most current edition of the following designated source lists:

Page 1785

(1) International Agency for Research on Cancer (Sublist: `Substances found to have at least sufficient evidence of carcinogenicity in animals'); (2) National Toxicology Program List of Chemicals published in the Annual Report on Carcinogens; (3) Occupational Safety and Health Administration Toxic and Hazardous Substances29 CFR 1910, Subpart Z; (4) National Institute for Occupational Safety and Health/Occupational Safety and Health Administration Occupational Health Guidelines for Chemical Hazards; (5) American Conference of Governmental Industrial Hygienists Threshold Limit Value for Chemical Substances and Physical Agents in the Workplace; (6) Environmental Protection Agency Carcinogenic Assessment Group's List of Carcinogens; (7) National Cancer Institute (Chemicals that meet the National Toxicology Program criteria for significant carcinogenic effect); (8) National Fire Protection Association Hazardous Chemicals (NFPA 49); and (9) National Fire Protection Association Fire Hazard Properties of Flammable Liquids, Gases, Volatile Solids (NFPA 325M All items rated II through IV as health hazards or III through IV as flammability or reactivity hazards). (c) The department shall promulgate and when necessary amend according to the department's established procedures regulations establishing concentrations for hazardous chemicals in mixtures to be subject to the provisions of this chapter. Such concentration levels shall be consistent with scientific evidence available at the time of promulgation regarding threshold levels and other pertinent toxicity data. The manufacturer of a hazardous chemical shall notify the department of any valid evidence which indicates either:

Page 1786

(1) The concentration requirement for a hazardous chemical is higher than what is necessary to protect employees who work with or may be exposed to the chemical; or (2) That the concentration levels should be lowered because there is valid and substantial evidence that the chemical is extraordinarily hazardous. (d) The provisions of this chapter shall not apply to: (1) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely; (2) Alcoholic beverages as defined in Title 3; (3) Articles intended for personal consumption by employees in the workplace; (4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act (15 U.S.C. 2051, et seq.) and Federal Hazardous Substances Act (15 U.S.C. 1261, et seq.), respectively, including any such product or hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers; (5) Articles sold or used in retail food establishments and retail trade establishments; (6) Chemicals which are merely being transported in the state as part of a shipment in interstate or intrastate commerce; or (7) Chemicals or mixtures which may be hazardous but which are labeled pursuant to the federal Insecticide, Fungicide, and Rodenticide Act, the federal Atomic Energy Act, the federal Food, Drug and Cosmetic Act, and the federal Resource Conservation and Recovery Act.

Page 1787

(e) The department shall review the Georgia Hazardous Chemical List annually. Any revision of the Georgia Hazardous Chemical List shall be made according to the department's established procedures for rule promulgation and upon the department's finding that, according to a preponderance of the evidence, substantial and valid scientific evidence exists that any chemicals added pursuant to this subsection result in an acute or chronic risk to human health or safety. (f) Chemicals not present on the Georgia Hazardous Chemical List established pursuant to this Code section shall not be subject to the provisions of this chapter. (g) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The department shall promptly assist employers and employees with inquiries concerning the hazardous nature of such chemicals. 45-22-6. (a) There is created the Hazardous Chemicals Advisory Council to assist the department in reviewing and preparing the Georgia Hazardous Chemical List. (b) The council shall consist of nine members as follows: the Commissioner of Agriculture or his designee, the commissioner of human resources or his designee, the commissioner of natural resources or his designee, the commissioner of transportation or his designee, four members who shall be employee representatives from public employers, and one member who shall be appointed from the state at large. (c) The employee members and the at-large member shall be appointed by the Commissioner on or before July 1, 1988. Of the initial four employee members, one member shall be appointed for a term of four years, one member shall be appointed for a term of three years, one member shall be appointed for a term of two years, and one member shall be appointed for a term of one year. The at-large member shall be appointed for a term of four years. Thereafter, all employee members and the at-large member shall be appointed for terms of four years. The council shall elect a chairman each year from its membership. Any vacancy on the council within the employee representative positions or

Page 1788

the at-large position shall be filled by appointment by the Commissioner for the remainder of the unexpired term. (d) The council shall meet at the call of its chairman, at the request of a majority of its membership, at the request of the Commissioner, or at such times as may be prescribed by its rules, but not less than twice a year. The council shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group. (e) All members of the council who are employees of a state agency shall be entitled to receive from their employing agency reimbursement of travel expenses incurred in performance of their duties on the council. Should any of the employee representatives or the at-large member not be employed by a state agency, such member shall be entitled to receiver per diem and reimbursement for travel expenses in the same amount as received by members of the General Assembly. (f) The initial recommendations of the council shall be made in a report to the Commissioner on or before July 1, 1989. (g) The department shall consider the advice and recommendations of the council in promulgating the Georgia Hazardous Chemical List and its amendments. In compiling the initial Georgia Hazardous Chemical List, the council shall recommend only chemicals for which, according to the preponderance of the evidence, substantial and valid scientific evidence exists that such chemicals result in an acute or chronic risk to human health or safety. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection. (h) The council shall submit its recommendations to the department for the revision of the Georgia Hazardous Chemical List on or before January 1 of each year. 45-22-7. (a) The manufacturer, importer, or distributor of any hazardous chemical shall prepare and provide

Page 1789

the direct purchasers of such hazardous chemicals and, upon request, the department, with a material safety data sheet which, to the best knowledge of the manufacturer, importer, or distributor, is current, accurate, and complete, based on information then reasonably available to the manufacturer, importer, or distributor. (b) Any person who produces a mixture may, for the purposes of this Code section, prepare and use a mixture material safety data sheet, subject to the provisions of subsection (j) of this Code section. (c) A manufacturer, importer, distributor, or employer may provide the information required by this Code section on an entire mixture, instead of on each hazardous chemical in it, when all of the following conditions exist: (1) Toxicity test information exists on the mixture itself or adequate information exists to form a valid judgment of the hazardous properties of the mixture itself and the material safety data sheet indicates that the information presented and the conclusions drawn are from some source other than direct test data on the mixture itself, and that a material safety data sheet on each constituent hazardous chemical identified on the material safety data sheet is available upon request; (2) Provision of information on the mixture will be as effective in protecting employee health as information on the ingredients; (3) The hazardous chemicals in the mixture are identified on the material safety data sheet unless it is unfeasible to describe all the ingredients in the mixture, provided that the reason why the hazardous chemicals in the mixture are not identified shall be stated on the material safety data sheet; and (4) A single mixture material safety data sheet may be provided for more than one formulation of a product mixture if the information provided does not vary for the formulation. (d) A manufacturer, importer, or distributor who is responsible for preparing and transmitting a material safety

Page 1790

data sheet under the provisions of this Code section shall revise such material safety data sheet on a timely basis, as appropriate to the importance of any new information which would affect the contents of the existing material safety data sheet, and in any event within three months of such information becoming available to the manufacturer, importer, or distributor. (e) Any person subject to the provisions of this Code section shall be relieved of the obligation to provide a direct purchaser of a hazardous chemical with a material safety data sheet: (1) If he has a record of having provided the direct purchaser with the most recent version of the material safety data sheet; (2) If the chemical is labeled pursuant to: (A) The federal Insecticide, Fungicide, and Rodenticide Act; (B) The federal Atomic Energy Act; (C) The federal Food, Drug and Cosmetics Act; (D) The federal Resource Conservation Recovery Act; or (3) If the article is one sold at retail and is incidentally sold to an employer or the employer's employees in the same form, approximate amount, concentration, and manner as it is sold to consumers, and, to the seller's knowledge, employee exposure to the article is not significantly greater than the consumer exposure occurring during the principal consumer use of the article. (f) If an employer is not supplied with a material safety data sheet by a manufactuer, importer, or distributor for a hazardous chemical other than a chemical or mixture regulated pursuant to the federal Insecticide, Fungicide, and Rodenticide Act, federal Food, Drug and Cosmetics Act, the federal Atomic Energy Act, or the federal Resource Conservation

Page 1791

Recovery Act, pursuant to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, `diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distributor of the hazardous chemicals; provided, however, that an independent contractor or subcontractor shall be responsible for obtaining the material safety data sheet for his employees in the workplace of another. (g) If after having used diligent efforts, an employer still fails to obtain a material safety data sheet, he shall request the department to obtain such material safety data sheet on his behalf. (h) An employer who has used diligent efforts and who has made a documented request to the department pursuant to this Code section shall not be found in violation of this Code section with respect to the material safety data sheet which was not supplied by the manufacturer, importer, or distributor as required by this Code section. (i) Every employer, except as provided in subsection (h) of this Code section, who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule promulgated by the department in a place where notices are normally posted, informing employees of their rights under this chapter. (j) Every employer who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall maintain a material safety data sheet for each hazardous chemical which is present in such workplace. All material safety data sheets shall be readily available in the workplace; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location. (k) (1) A material safety data sheet may be kept in any form, including operations procedures, and may be

Page 1792

designed to cover groups of hazardous chemicals in a work area where it may be appropriate to address the hazards of a process rather than individual hazardous chemicals. The employer shall ensure that in all cases the required information is provided for each hazardous chemical, and is readily accessible during each workshift to employees when they are in their work area; provided, however, that employers who maintain one or more work areas which are not fixed at specific geographic locations shall be authorized to maintain material safety data sheets for each hazardous chemical used in such work area at a central location. (2) Any employee may request in writing and shall have the right to examine and obtain the material safety data sheets for the hazardous chemicals to which he is, has been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting employee's working days, subject to the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations. (3) An independent contractor or subcontractor working in the workplace of another employer may request in writing and shall have the right to examine the material safety data sheets for the hazardous chemicals to which he or his employees are, have been, or may be exposed. The employer shall provide any material safety data sheet within its possession within five of the requesting independent contractor's or subcontractor's working days, subject to the provisions of subsection (g) of this Code section. The employer may adopt reasonable procedures for acting upon such requests to avoid interruption of normal work operations. (4) If an employee who has requested a material safety data sheet pursuant to this chapter has not received such material safety data sheet within five of the requesting employee's working days, subject to the provisions of subsection (g) of this Code section, that employee may refuse to work with the chemical for which he has

Page 1793

requested the material safety data sheet until such material safety data sheet is provided by the employer; provided, however, that nothing contained in this paragraph shall be construed to permit any employee to refuse to perform essential services; provided, further, that nothing in this paragraph shall be construed to interfere with the right of the employer to transfer an employee who so refuses to work to other duties until such material safety data sheet is provided, such a transfer not to be considered as a discriminatory act under Code Section 45-22-10. No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter as a result of such a transfer. (l) No employer shall discharge or otherwise discriminate against a employee for the employee's assertion of the employee's rights under this chapter. (m) For the purposes of this Code section, an employer, independent contractor, or subcontractor shall maintain material safety data sheets for their own workplaces only; provided, however, that employees of such independent contractor or subcontractor, insofar as they are exposed in the course of their employment to hazardous chemicals in other workplaces, shall have the right to examine material safety data sheets for those chemicals to which they are exposed from the workplace employer through a written request to their own employer as provided in paragraph (2) of subsection (j) of this Code section. Employers must advise employees that they can obtain further information from the department. Nothing contained in this chapter shall be construed to require an employer to conduct studies to develop new information. 45-22-8. (a) Each employer shall be required to comply with the minimum information standards set forth in this subsection. Each employee shall be informed of: (1) The requirements of this Code section; (2) What a material safety data sheet is and the contents of the material safety data sheet for any hazardous chemical to which he is exposed, or equivalent information,

Page 1794

either in written form or through training programs; (3) Any operations in his work area where hazardous chemical are present; (4) The location and availability of training programs; (5) His right to receive information regarding hazardous chemicals to which he may be exposed; (6) His right for his physician to receive information regarding hazardous chemicals to which the employee may be exposed; and (7) His right against discharge or other discrimination due to the employee's exercise of the rights provided by this chapter. (b) In addition to providing the information required by subsection (a) of this Code section, each employer shall be required to provide a training program for all employees who are exposed to hazardous chemicals in the normal course of their employment. When training employees who are exposed to hazardous chemicals, the employer shall explain any physical or health hazards associated with the use of the chemical or mixture; proper precautions for handling, necessary personal protective equipment or other safety precautions necessary to prevent or minimize exposure to the hazardous chemical; methods of observation that may be used to detect the presence or release of a hazardous chemical in a work area, including, but not limited to, spot check monitoring, continuous monitoring, or methods of visual or olfactory detection; the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information; and emergency procedures for spills, fire, disposal, and first aid. This information may relate to an entire class of hazardous chemicals to the extent appropriate and related to the job. Whenever any employer receives a new or revised material safety data sheet, such information shall be provided to employees on a timely basis not to exceed 30 days after receipt, if the new information

Page 1795

indicates significantly increased risks to or measures necessary to protect employee health as compared to those stated on a material safety date sheet previously provided. (c) The department shall by rule and regulation establish minimum information and training standards for compliance with this Code section. The Hazardous Chemicals Advisory Council shall be authorized to make recommendations to the department regarding the development and implementation of such standards. (d) The information and training standards provided for in this Code section and established by the department shall not be implemented until after the promulgation of the Georgia Hazardous Chemical List and shall not be implemented unless sufficient funds are appropriated by the General Assembly for the purpose of providing such information and training. 45-22-9. On and after July 1, 1989, each employer shall publish in January and July of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the office of such employer. 45-22-10. (a) No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee for any of the following reasons: (1) The employee has requested information regarding hazardous chemicals, filed any complaint or action, or has instituted, or caused to be instituted, any proceeding under this chapter; (2) The employee has testified or is about to testify in any proceeding in his own behalf or on behalf of others; or (3) The employee has exercised any other right afforded pursuant to the provisions of this chapter. (b) No pay, position, seniority, or other benefits shall be lost for exercise of any right provided by this chapter.

Page 1796

45-22-11. (a) In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file an employee grievance with the Commissioner. (b) Upon any violation of Code Section 45-22-4 by a contractor, the employer under agreement with such contractor shall have the right to terminate the contract without liability. (c) Nothing in this chapter shall change or modify the right or ability of employers to dismiss or discipline employees in accordance with the laws of this state. (d) Any employee adversely affected by a final decision of the Commissioner to a grievance filed pursuant to subsection (a) of this Code section shall be entitled to judicial review in the same manner as provided for judicial review of contested cases in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 45-22-12. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an action for damages against the state or any branch, department, board, bureau, commission, authority, or other agency of the state or any member, officer, or employee of the state or any branch, department, board, bureau, commission, authority, or other agency of this state and said entities and persons are granted immunity from civil actions for damages for any violation of the provisions of this chapter. 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 12, 1988.

Page 1797

CRIMES AND OFFENSESPANDERING; SOLICITATION OF SODOMY; SOLICITATION OF PERSON UNDER 17; PENALTIES. Code Sections 16-6-12, 16-6-13, and 16-6-15 Amended. No. 1439 (House Bill No. 1221). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change the definition of the offense of pandering; to provide that a person convicted of the offense of pandering when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to change the definition of the offense of solicitation of sodomy; to provide that a person convicted of the offense of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years shall be guilty of a felony; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section 16-6-12, relating to the crime of pandering, and inserting in lieu thereof a new Code Section 16-6-12 to read as follows: 16-6-12. A person commits the offense of pandering when he or she solicits a person to perform an act of prostitution or when he or she knowingly assembles persons at a fixed place for the purpose of being solicited by others to perform an act of prostitution. Section 2 . Said chapter is further amended by striking in its entirety Code Section 16-6-13, relating to penalties for violating Code Sections 16-6-9 through 16-6-12, and inserting in lieu thereof a new Code Section 16-6-13 to read as follows: 16-6-13. (a) Except as otherwise provided in subsection (b) of this Code section, a person convicted of any of

Page 1798

the offenses enumerated in Code Sections 16-6-10 through 16-6-12 shall be punished as for a misdemeanor of a high and aggravated nature. A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor. (b) A person convicted of pandering when such offense involves the solicitation of a person under the age of 17 years to perform an act of prostitution or the assembly of two or more persons under the age of 17 years at a fixed place for the purpose of being solicited by others to perform an act of prostitution shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of pandering involving a person under the age of 17 years pursuant to this subsection, including a plea of nolo contendere, shall not be suspended, probated, deferred or withheld. Section 3 . Said chapter is further amended by striking in its entirety Code Section 16-6-15, relating to solicitation of sodomy, and inserting in lieu thereof a new Code Section 16-6-15 to read as follows: 16-6-15. (a) A person commits the offense of solicitation of sodomy when he solicits another to perform or submit to an act of sodomy. Except as provided in subsection (b) of this Code section, a person convicted of solicitation of sodomy shall be punished as for a misdemeanor. (b) A person convicted of solicitation of sodomy when such offense involves the solicitation of a person under the age of 17 years to perform or submit to an act of sodomy for money shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1799

ACQUIRED IMMUNODEFICIENCY SYNDROMETESTING; REPORTS; RECORDS; COUNSELING; CRIMES; SENTENCING; JUVENILES; MARRIAGE LICENSES; CONFIDENTIAL INFORMATION; PENAL INSTITUTIONS; ANATOMICAL GIFTS. Code Titles 15, 16, 17, 19, 24, 31, 42, and 44 Amended. No. 1440 (House Bill No. 1281). AN ACT To exercise the police powers of the state to deal comprehensively with Acquired Immunodeficiency Syndrome (AIDS) and its causative agents, including Human Immunodeficiency Virus (HIV); to provide for legislative findings and intent; to provide for definitions; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to authorize mandatory and involuntary HIV testing of certain children who have committed certain delinquent acts in certain circumstances; to provide for reporting, recording, and disclosing of certain HIV test results and provide for victim counseling and provide for separate confinement of those children determined to be infected with HIV; to amend Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to redefine the crime of reckless conduct to include certain conduct by HIV infected persons and provide for penalties therefor; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, so as to authorize mandatory and involuntary HIV testing of certain persons who have committed certain crimes and provide for conditions of suspending or probating sentences in certain circumstances; to provide for reporting, recording, and disclosures of certain HIV test results and provide for victim counseling and separate confinement of certain criminals; to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, so as to require the Department of Human Resources to prepare and furnish certain brochures, HIV test site listings, and forms and require that applicants for a marriage license receive such brochures and listings and acknowledge such receipt prior to being issued such

Page 1800

license; to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to provide that AIDS confidential information will be confidential and prohibit certain persons or legal entities from disclosing or being compelled to disclose AIDS confidential information and provide for exceptions to that prohibition; to require certain disclosures or reporting of AIDS confidential information and authorize other disclosures or reporting; to authorize the Department of Human Resources and county boards of health to contact HIV infected persons and other persons at risk of infection from those persons for certain purposes and to require such contacting and counseling of certain persons; to provide for immunity from civil and criminal liability for certain disclosures and the failure to make certain disclosures; to provide that certain information retains its confidential nature; to prohibit the Department of Human Resources and county boards of health from being compelled to disclose certain information contained in their records and to provide that such information shall not be a public record; to provide for criminal penalties for certain disclosures of AIDS confidential information; to provide for statutory construction; to provide for subpoenas and testimony regarding AIDS confidential information and for certain judicial proceedings to obtain that information; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for judicial procedures to require HIV testing and public health measures for HIV infection; to provide for definitions; to limit which persons or legal entities may be utilized to perform HIV tests; to prohibit the sale or offer for sale of certain HIV tests; to provide for anonymous reporting of confirmed positive HIV tests; to provide for counseling regarding HIV tests and exceptions thereto; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, so as to provide for mandatory and involuntary HIV testing of certain prisoners and provide for the separate confinement of those determined to be infected with HIV and provide for immunity in connection therewith; to provide for statutory construction; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to provide that the State Board of Pardons and Paroles may obtain from penal institutions, and such institutions may provide to that board, HIV test results regarding certain persons seeking relief from a sentence and authorize

Page 1801

the board to require that persons seeking relief from a sentence be required to submit to an HIV test; to authorize the board to consider those test results, among other factors, in determining whether or not to grant relief and to impose conditions upon the granting of such relief; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, so as to provide for HIV testing of human body parts or the donors thereof prior to making any such part available for use in another human being; to provide for the disposition of human body parts determined to be infected with HIV and provide for notifications of such infection to donors and persons at risk from the HIV infected person; to provide for exceptions; to provide for 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 . The General Assembly finds that Acquired Immunodeficiency Syndrome (AIDS) and its causative agent, including Human Immunodeficiency Virus (HIV), pose a grave threat to the health, safety, and welfare of the people of this state. In the absence of any effective vaccination or treatment for this disease, it threatens almost certain death to all who contract it. The disease is largely transmitted through sexual contacts and intervenous drug use, not through casual contact, and, while deadly, is therefore preventable. The key component of the fight against AIDS is education. Through public education and counseling our citizens can learn how the disease is transmitted and, thus, how to protect themselves and prevent its spread. The Department of Human Resources is encouraged to continue its efforts to educate all Georgians about the disease, its causative agent, and its means of transmission. In addition, voluntary testing should be encouraged for anyone who feels at risk of infection. While education, counseling, and voluntary testing are vital to the elimination of this epidemic, other measures are needed to protect the health of our citizens, and it is the intention of the General Assembly to enact such measures in the exercise of its police powers in order to deal with AIDS and HIV infection. Section 2 . Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended

Page 1802

by adding following Code Section 15-11-35 a new Code section to read as follows: 15-11-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) As part of any order of disposition regarding a child adjudged to have committed a delinquent act constituting an AIDS transmitting crime, the court may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, order that child to submit to an HIV test within 45 days following the adjudication of delinquency and shall mail the Department of Human Resources a copy of such order within three days following the issuance thereof. (c) The Department of Human Resources, within 30 days following receipt of the copy of order under subsection (b) of this Code section, shall arrange for the HIV test for the child ordered to submit thereto. (d) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to: (1) The Department of Human Resources, which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from

Page 1803

any other children in that facility other than those who have been determined to be infected with HIV if: (A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of the Department of Human Resources reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted. Section 3 . Code Section 16-5-60 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by striking that Code section and inserting in its place a new Code Section 16-5-60 to read as follows: 16-5-60. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor. (c) A person who is an HIV infected person who, after obtaining knowledge of being infected with HIV: (1) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to that intercourse or sexual act; (2) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of

Page 1804

drugs or any other substance into or for the withdrawal of body fluids from the other person's body and the needle or syringe so used had been previously used by the HIV infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV infected person's body and where that infected person does not disclose to the other person the fact of that infected person's being an HIV infected person prior to such use; (3) Officers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to offering or consenting to perform that act of sexual intercourse; (4) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person's being an HIV infected person prior to soliciting that act of sodomy; or (5) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person's being an HIV infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part, is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years. Section 4 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to general procedures for sentencing and imposition of punishment, is amended by adding at the end thereof a new Code section to read as follows: 17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in

Page 1805

which that verdict is returned or plea entered may in its discretion and after conferring with the director of the health district, as such officer is provided for in Code Section 31-3-15, require the defendant in such case to submit to an HIV test within 45 days following the date of the verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources. (c) The Department of Human Resources, within 30 days following receipt of the notification under subsection (b) of this Code section, shall arrange for the HIV test for the person required to submit thereto. (d) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (c) of this Code section shall be subject to such measures deemed necessary by the court in which the verdict was returned or plea entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime. (e) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to: (1) The Department of Human Resources, which may disclose the name of the person if necessary to provide and shall provide counseling to each victim of that person's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person if the Department of Human Resources believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and may be authorized to consider that report in imposing sentence. That report shall be sealed by the court; and

Page 1806

(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV. Section 5 . Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses, is amended by adding after Code Section 19-3-35 a new Code section to read as follows: 19-3-35.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) The Department of Human Resources shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Human Resources under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988. (c) On and after October 1, 1988, each person who makes application for a marriage license shall receive from the office of the probate judge at the time of the application the AIDS brochure and listing of HIV test sites prepared and furnished pursuant to subsection (b) of this Code section. On and after October 1, 1988, no marriage license shall be issued unless both the proposed husband and the proposed wife sign a form acknowledging that both have received the brochure and listing. Section 6 . Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by adding after Code Section 24-9-40 a new Code section to read as follows: 24-9-40.1. AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within

Page 1807

the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-9-47. and is further amended by adding at the end a new Code section to read as follows: 24-9-47. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Except as otherwise provided in this Code section: (1) No person or legal entity which receives AIDS confidential information pursuant to this Code section or which is responsible for recording, reporting, or maintaining AIDS confidential information shall: (A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity; and (2) No person or legal entity which receives AIDS confidential information which that person or legal entity knows was disclosed in violation of paragraph (1) of this subsection shall: (A) Intentionally or knowingly disclose that information to another person or legal entity; or (B) Be compelled by subpoena, court order, or other judicial process to disclose that information to another person or legal entity. (c) AIDS confidential information may be disclosed to the person identified by that informatioin or, if that person is a minor or incompetent person, to that person's parent or legal guardian. (d) AIDS confidential information may be disclosed to any person or legal entity designated to receive that information

Page 1808

when that designation is made in writing by the person identified by that information or, if that person is a minor or incompetent person, by that person's parent or legal guardian. (e) AIDS confidential information may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if that information is authorized or required by law to be reported to that agency or department. (f) The results of an HIV test may be disclosed to the person, or that person's designated representative, who ordered such tests of the body fluids or tissue of another person. (g) When the patient of a physician has been determined to be infected with HIV and that patient's physician reasonably believes that the spouse or sexual partner or any child of the patient, spouse, or sexual partner is a person at risk of being infected with HIV by that patient, the physician may disclose to that spouse, sexual partner, or child that the patient has been determined to be infected with HIV, after first attempting to notify the patient that such disclosure is going to be made. (h) (1) An administrator of an institution licensed as a hospital by the Department of Human Resources or a physician having a patient who has been determined to be infected with HIV may disclose to the Department of Human Resources: (A) The name and address of that patient; (B) That such patient has been determined to be infected with HIV; and (C) The name and address of any other person whom the disclosing physician or administrator reasonably believes to be a person at risk of being infected with HIV by that patient. (2) When mandatory and nonanonymous reporting of confirmed positive HIV tests to the Department of

Page 1809

Human Resources is determined by that department to be reasonably necessary, that department shall establish by regulation a date on and after which such reporting shall be required. On and after the date so established, each health care provider, health care facility, or any other person or legal entity which orders an HIV test for another person shall report to the Department of Human Resources the name and address of any person thereby determined to be infected with HIV. No such report shall be made regarding any confirmed positive HIV test provided at any anonymous HIV test site operated by or on behalf of the Department of Human Resources. (3) The Department of Human Resources may disclose that a person has been reported, under paragraph (1) or (2) of this subsection, to have been determined to be infected with HIV to the board of health of the county in which that person resides or is located if reasonably necessary to protect the health and safety of that person or other persons who may have come in contact with the body fluids of the HIV infected person. The Department of Human Resources or county board of health to which information is disclosed pursuant to this paragraph or paragraph (1) or (2) of this subsection: (A) May contact any person named in such disclosure as having been determined to be an HIV infected person for the purpose of counseling that person and requesting therefrom the name of any other person who may be a person at risk of being infected with HIV by that HIV infected person; (B) May contact any other person reasonably believed to be a person at risk of being infected with HIV by that HIV infected person for the purposes of disclosing that such infected person has been determined to be infected with HIV and counseling such person to submit to an HIV test; and (C) Shall contact and provide counseling to the spouse of any HIV infected person whose name is thus disclosed if both persons are reasonably likely

Page 1810

to have engaged in sexual intercourse or any other act determined by the department likely to have resulted in the transmission of HIV between such persons within the preceding seven years and if that spouse may be located and contacted without undue difficulty. (i) Any health care provider authorized to order an HIV test may disclose AIDS confidential information regarding a patient thereof if that disclosure is made to a health care provider or health care facility which has provided, is providing, or will provide any health care service to that patient and as a result of such provision of service that health care provider or facility: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or (2) Has a legitimate need for that information in order to provide that health care service to that patient. (j) A health care provider or any other person or legal entity authorized but not required to disclose AIDS confidential information pursuant to this Code section shall have no duty to make such disclosure and shall not be liable to the patient or any other person or legal entity for failing to make such disclosure. A health care provider or any other person or legal entity which discloses information as authorized or required by this Code section or as authorized or required by law or rules or regulations made pursuant thereto shall have no civil or criminal liability therefor. (k) When any person or legal entity is authorized or required by this Code section or any other law to disclose AIDS confidential information to a person at risk of being infected with HIV and that person at risk is a minor or incompetent person, such disclosure may be made to any parent or legal guardian of the minor or incompetent person, to the minor or incompetent person, or to both the minor or incompetent person and any parent or legal guardian thereof.

Page 1811

(l) When an institutional care facility is the site at which a person is at risk of being infected with HIV and as a result of that risk a disclosure of AIDS confidential information to any person at risk at that site is authorized or required under this Code section or any other law, such disclosure may be made to the person at risk or to that institutional care facility's chief administrative or executive officer, or such officer's designee, in which case that officer or designee is authorized to make such disclosure to the person at risk. (m) When a disclosure of AIDS confidential information is authorized or required by this Code section to be made to a physician, health care provider, or legal entity, that disclosure may be made to employees of that physician, health care provider, or legal entity who have been designated thereby to receive such information on behalf thereof. Those designated employees may thereafter disclose to and provide for the disclosure of that information among such other employees of that physician, health care provider, or legal entity, but such disclosure among those employees are only authorized when reasonably necessary in the ordinary course of business to carry out the purposes for which that disclosure is authorized or required to be made to that physician, health care provider, or legal entity. (n) Any disclosure of AIDS confidential information authorized or required by this Code section or any other law and any unauthorized disclosure of such information shall in no way destroy the confidential nature of that information except for the purpose for which the authorized or required disclosure is made. (o) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor. (p) Nothing in this Code section or any other law shall be construed to authorize the disclosure of AIDS confidential information if that disclosure is prohibited by federal law, or regulations promulgated thereunder, nor shall anything in this Code section or any other law be construed to prohibit the disclosure of information which would be AIDS confidential information except that such information does not permit the identification of any person.

Page 1812

(q) A public safety agency or district attorney may obtain the results from an HIV test to which the person named in the request has submitted under Code Section 15-11-35.1, 17-10-15, 42-5-52.1, or 42-9-42.1, notwithstanding that the results may be contained in a sealed record. (r) Any person or legal entity required by an order of a court to disclose AIDS confidential information in the custody or control of such person or legal entity shall disclose that information as required by that order. (s) AIDS confidential information may be disclosed as medical information pursuant to Code Section 24-9-40, relating to the release of medical information, or pursuant to any other law which authorizes or requires the disclosure of medical information if: (1) The person identified by that information: (A) Has consented in writing to that disclosure; or (B) Has been notified of the request for disclosure of that information at least ten days prior to the time the disclosure is to be made and does not object to such disclosure prior to the time specified for that disclosure in that notice; or (2) A superior court in an in camera hearing finds by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. If the court determines that disclosure of that information is authorized under this paragraph, the court shall order that disclosure and impose appropriate safeguards against any unauthorized disclosure. The records of that hearing otherwise shall be under seal. (t) (1) A superior court of this state may order a person or legal entity to disclose AIDS confidential information in its custody or control to:

Page 1813

(A) A prosecutor in connection with a prosecution for the alleged commission of reckless conduct under subsection (c) of Code Section 16-5-60; (B) Any party in a civil cause of action; or (C) A public safety agency or the Department of Human Resources if that agency or department has an employee thereof who has, in the course of that employment, come in contact with the body fluids of the person identified by the AIDS confidential information sought in such a manner reasonably likely to cause that employee to become an HIV infected person and provided the disclosure is necessary for the health and safety of employee, and for purposes of this subsection the term `petitioner for disclosure' means any person or legal entity specified in subparagraph (A), (B), or (C) of this paragraph. (2) An order may be issued against a person or legal entity responsible recording, reporting, or maintaining AIDS confidential information to compel the disclosure of that information if the petitioner for disclosure demonstrates by clear and convincing evidence a compelling need for the information which cannot be accommodated by other means. In assessing compelling need, the court shall weigh the public health, safety, or welfare needs or any other public or private need for the disclosure against the privacy interest of the person identified by the information and the public interest which may be disserved by disclosures which may deter voluntary HIV tests. (3) A petition seeking disclosure of AIDS confidential information under this subsection shall substitute a pseudonym for the true name of the person concerning whom the information is sought. The disclosure to the parties of that person's true name shall be communicated confidentially, in documents not filed with the court. (4) Before granting any order under this subsection, the court shall provide the person concerning whom the

Page 1814

information is sought with notice and a reasonable opportunity to participate in the proceedings if that person is not already a party. (5) Court proceedings as to disclosure of AIDS confidential information under this subsection shall be conducted in camera unless the person concerning whom the information is sought agrees to a hearing in open court. (6) Upon the issuance of an order that a person or legal entity be required to disclose AIDS confidential information regarding a person named in that order, that person or entity so ordered shall disclose to the ordering court any such information which is in the control or custody of that person or entity and which relates to the person named in the order for the court to make an in camera inspection thereof. If the court determines from that inspection that the person named in the order is an HIV infected person, the court shall disclose to the petitioner for disclosure that determination and shall impose appropriate safeguards against unauthorized disclosure which shall specify the persons who may have access to the information, the purposes for which the information shall be used, and appropriate prohibitions on future disclosure. (7) The record of the proceedings under this subsection shall be sealed by the court. (8) An order may not be issued under this subsection against the Department of Human Resources, any county board of health, or any anonymous HIV test site operated by or on behalf of that department. (u) A health care provider, health care facility, or other person or legal entity who, in violation of this Code section, unintentionally discloses AIDS confidential information, notwithstanding the maintenance of procedures thereby which are reasonably adopted to avoid risk of such disclosure, shall not be civilly or criminally liable, unless such disclosure was due to gross negligence or wanton and willful misconduct. (v) AIDS confidential information may be disclosed when that disclosure is otherwise authorized or required

Page 1815

by Code Section 42-1-6, if AIDS or HIV infection is the communicable disease at issue, or when that disclosure is otherwise authorized or required by any law which specifically refers to `AIDS confidential information,' `HIV test results,' or any similar language indicating a legislative intent to disclose information specifically relating to AIDS or HIV. (w) A health care provider who has received AIDS confidential information regarding a patient from the patient's health care provider directly or indirectly under the provisions of subsection (i) of this Code section may disclose that information to a health care provider which has provided, is providing, or will provide any health care service to that patient and as a result of that provision of service that health care provider: (1) Has personnel or patients who may be persons at risk of being infected with HIV by that patient, if that patient is an HIV infected person and such disclosure is reasonably necessary to protect any such personnel or patients from that risk; or (2) Has a legitimate need for that information in order to provide that health care service to that patient. (x) Neither the Department of Human Resources nor any county board of health shall disclose AIDS confidential information contained in its records unless such disclosure is authorized or required by this Code section or any other law, except that such information in those records shall not be a public record and shall not be subject to disclosure through subpoena, court order, or other judicial process. (y) The protection against disclosure provided by Code Section 24-9-40.1 shall be waived and AIDS confidential information may be disclosed to the extent that the person identified by such information, his heirs, successors, assigns, or a beneficiary of such person, including but not limited to an executor, administrator, or personal representative of such person's estate: (1) Files a claim or claims other entitlements under any insurance policy or benefit plan or is involved in any civil proceeding regarding such claim;

Page 1816

(2) Places such person's care and treatment, the nature and extent of his injuries, the extent of his damages, his medical condition, or the reasons for his death at issue in any civil or criminal proceeding; or (3) Is involved in a dispute regarding coverage under any insurance policy or benefit plan. (z) AIDS confidential information may be collected, used, and disclosed by an insurer in accordance with the provisions of Chapter 39 of Title 33, relating to the collection, use, and disclosure of information gathered by insurance institutions. (aa) In connection with any civil or criminal action in which AIDS confidential information is disclosed as authorized or required by this Code section, the party to whom that information is thereby disclosed may subpoena any person to authenticate such AIDS confidential information, establish a chain of custody relating thereto, or otherwise testify regarding that information, including but not limited to testifying regarding any notifications to the patient regarding results of an HIV test. The provisions of this subsection shall apply as to records, personnel, or both of the Department of Human Resources or a county board of health notwithstanding Code Section 50-18-72, but only as to test results obtained by a prosecutor under subsection (q) of this Code section and to be used thereby in a prosecution for reckless conduct under subsection (c) of Code Section 16-5-60. Section 7 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding after Chapter 17 thereof a new Chapter 17A to read as follows: CHAPTER 17A 31-17A-1. (a) Any term used in this chapter and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) HIV and the degenerative diseases associated with it are declared to be contagious, infectious, communicable, and extremely dangerous to the public health.

Page 1817

31-17A-2. The authorized agent or agents of the Department of Human Resources are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources are authorized to petition the court for an order authorizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3. 31-17A-3. (a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the department believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the administration of the HIV test and the person is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court. (b) The superior court shall hear the complaint on an expedited basis without a jury. All proceedings before the court shall be sealed. (c) If after consideration of the evidence, the court finds clear and convincing evidence that the person is reasonably likely to be infected with HIV and that there is a compelling need to protect the public health, the court may order the person to submit to an HIV test, shall retain jurisdiction to render such orders as are appropriate to effectuate that order, and, in the event the person so tested is determined to be infected with HIV, to require such procedures to protect the public health consistent with the least restrictive alternative which is available within the limits of state funds specifically appropriated therefor.

Page 1818

Section 8 . Said Title 31 is further amended by adding after Code Section 31-22-9 two new Code sections to read as follows: 31-22-9.1. (a) As used in this Code section, the term: (1) `AIDS' means Acquired Immunodeficiency Syndrome or AIDS Related Complex within the reporting criteria of the department. (2) `AIDS confidential information' means information which discloses that a person: (A) Has been diagnosed as having AIDS; (B) Has been or is being treated for AIDS; (C) Has been determined to be infected with HIV; (D) Has submitted to an HIV test; (E) Has had a positive or negative result from an HIV test; (F) Has sought and received counseling regarding AIDS; or (G) Has been determined to be a person at risk of being infected with AIDS, and which permits the identification of that person. (3) `AIDS transmitting crime' means any of the following offenses specified in Title 16: (A) Rape; (B) Sodomy; (C) Aggravated sodomy; (D) Child molestation; (E) Aggravated child molestation;

Page 1819

(F) Prostitution; (G) Solicitation of sodomy; (H) Incest; (I) Statutory rape; or (J) Any offense involving a violation of Article 2 of Chapter 13 of Title 16, regarding controlled substances, if that offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V and that other substance is commonly intravenously injected, as determined by the regulations of the department. (4) `Body fluids' means blood, semen, or vaginal secretions. (5) `Confirmed positive HIV test' means the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby. (6) `Counseling' means providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. The Department of Human Resources shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or document or of another brochure or document approved by the Department of Human Resources to the person and referral of that person to the Department of Human Resources for further information and explanations, counseling shall be deemed to have been provided within the meaning of this paragraph.

Page 1820

(7) `Determined to be infected with HIV' means having a confirmed positive HIV test or having been clinically diagnosed as having AIDS. (8) `Health care facility' means any; (A) Institution or medical facility, as defined in Code Section 31-7-1; (B) Facility for the mentally ill, mentally retarded, or alcoholic or drug dependent persons, as defined in Code Sections 37-3-1, 37-4-1, and 37-7-1, respectively; (C) Medical, dental, osteopathic, or podiatric clinic; (D) Hospice, as defined in Code Section 31-7-172; (E) Clinical laboratory, as defined in Code Section 31-22-1; or (F) Administrative, clerical, or support personnel of any legal entity specified specified in subparagraphs (A) through (E) of this paragraph. (9) `Health care provider' means any of the following persons licensed or regulated by the state: (A) Physician or physician's assistant; (B) Osteopath; (C) Podiatrist; (D) Midwife; (E) Dentist, dental technician, or dental hygienist; (F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist;

Page 1821

(G) Registered nurse; (H) Licensed practical nurse; (I) Emergency medical technician, advanced emergency medical technician, paramedic, or cardiac technician; (J) Clinical laboratory director, supervisor, technician, or technologist; (K) Funeral director or embalmer; (L) Member of a hospice team, as defined in Code Section 31-7-172; (M) Nursing home administrator; (N) Professional counselors, social workers, or marriage and family therapists; (O) Psychologist; (P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (O) of this paragraph; (Q) Trainees, students, or interns, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (O) of this paragraph; or (R) First responder, as defined in Chapter 11 of this title, although such person is not licensed or regulated by the state. (10) `HIV' means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Related Virus, or any other identified causative agent of AIDS. (11) `HIV infected person' means a person who has been determined to be infected with HIV, whether or

Page 1822

not that person has AIDS, or who has been clinically diagnosed as having AIDS. (12) `HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been approved for such purposes by the regulations of the department. (13) `Institutional care facility' means any: (A) Health care facility; (B) Child welfare agency, as defined in Code Section 49-5-12; (C) Group care facility, as defined in Code Section 49-5-3; (D) Penal institution; or (E) Military unit. (14) `Knowledge of being infected with HIV' means actual knowledge of: (A) A confirmed positive HIV test; or (B) A clinical diagnosis of AIDS. (15) `Law' means federal or state law. (16) `Legal entity' means a partnership, association, joint venture, trust, governmental entity, public or private corporation, health care facility, institutional care facility, or any other similar entity. (17) `Military unit' means the smallest organizational unit of the organized militia of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces of the United States, which unit is commanded by a commissioned officer. (18) `Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances.

Page 1823

(19) `Person' means a natural person. (20) `Person at risk of being infected with HIV' means any person who may have already come in contact with or who may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person. (21) `Physician' means any person licensed to practice medicine under Chapter 34 of Title 43. (22) `Public safety agency' means that governmental unit which directly employs a public safety employee. (23) `Public safety employee' means an emergency medical technician, fireman, law enforcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relating to indemnification of such personnel for death or disability. (b) Notwithstanding the provisions of Code Section 31-21-10 and Code Section 31-22-11, no person or legal entity, other than an insurer authorized to transact business in this state, shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to: (1) A clinical laboratory licensed under this chapter; (2) A clinical laboratory exempt from licensure under Code Section 31-22-9; or (3) A clinical laboratory licensed as such pursuant to the laws of any other state. (c) No person or legal entity may sell or offer for sale any HIV test that permits any person or legal entity, including the person whose body fluids are to be tested, to perform that test other than a person or legal entity specified in paragraphs (1) through (3) of subsection (b) of this Code section. 31-22-9.2. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1.

Page 1824

(b) Each health care provider, health care facility, or any other person or legal entity which orders an HIV test for any person shall report each confirmed positive HIV test to the department along with the age, sex, race, and county of residence of the person having the confirmed positive HIV test but shall include in that report no other identifying characteristics regarding the HIV infected person unless otherwise authorized or required by law. The provisions of this subsection shall be automatically repealed on the beginning date specified by the department, pursuant to paragraph (2) of subsection (h) of Code Section 24-9-47, for the mandatory reporting by name of persons determined to be infected with HIV. (c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after counseling the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-35.1, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample. (d) The health care provider ordering an HIV test shall provide medically appropriate counseling to the person tested with regard to the test results. Such medically appropriate counseling shall only be required when the last confirmatory test has been completed.

Page 1825

(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of subsection (c) or (d) of this Code section. The statute of limitations for any action alleging a violation of this subsection shall be two years from the date of the alleged violation. (f) The provisions of this Code section shall not apply to situations in which an HIV test is ordered or required in connection with insurance coverage, provided that the person to be tested or the appropriate representative of that person has agreed to have the test administered under such procedures as may be established by the Commissioner of Insurance after consultation with the Department of Human Resources. Section 9 . Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of penal detention generally, is amended by adding following Code Section 42-5-52 a new Code section to read as follows: 42-5-52.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Where any person is committed to the custody of the commissioner to serve time in any penal institution of this state on and after July 1, 1988, the department shall require that person to submit to an HIV test within 30 days after the person is so committed unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15. (c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of

Page 1826

having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15. (d) Upon failure of an inmate to cooperate in HIV test procedures under this Code section, the commissioner may apply to the superior court for an order authorizing the use of such measures as are reasonably necessary to require submission to the HIV test. Nothing in this Code section shall be construed to limit the authoirty of the department to require inmates to submit to an HIV test. (e) Any person determined by the department to be an HIV infected person, whether or not by the test required by this Code section, should be housed separately at existing institutions from any other persons not infected with HIV if: (1) That person is reasonably believed to be sexually active while incarcerated; (2) That person is reasonably believed to be sexually predatory either during or prior to incarceration; or (3) The commissioner determines that other conditions or circumstances exist indicating that separate confinement would be in the best interest of the department and the inmate population, but neither the department nor any officials, employees, or agents thereof shall be civilly or criminally liable for failing or refusing to house HIV infected persons separately from any other persons who are not HIV infected persons. Section 10 . Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by adding following Code Section 42-9-42.1 a new Code section to read as follows: 42-9-42.1. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) The board is authorized to obtain from any penal institution, with at least 60 days prior notice to that institution,

Page 1827

and any such penal institution is authorized to provide the board with HIV test results regarding any person who applies or is eligible for clemency, a pardon, a parole, or other relief from a sentence or to require such person to submit to an HIV test and to consider the results of any such test in determining whether to grant clemency, a pardon, a parole, or other relief to such person. Test results obtained pursuant to the authority of this Code section may not be the sole basis for determining whether to grant or deny any such relief to such person, however. The board is further authorized to impose conditions upon any person to whom the board grants clemency, a pardon, a parole, or other relief and who is determined by an HIV test to be infected with HIV, which conditions may include without being limited to those designed to prevent the spread of HIV by that person. Section 11 . Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to anatomical gifts, is amended by adding at the end thereof a new Code section to read as follows: 44-5-151. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part determined by the Department of Human Resources to have a reasonable probability of transmitting HIV shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be infected with HIV shall not be used in the body of another human being but shall be safely and promptly disposed of or made available for medical research, as provided in the regulations of the Department of Human Resources. (c) When any body part or the donor thereof has been determined to be infected with HIV pursuant to subsection

Page 1828

(b) of this Code section, the person or legal entity which ordered the HIV test of the body part or donor thereof shall: (1) If the donor is alive and the records of that person or legal entity reflect where the donor can be located, provide personal and confidential notification of such determination to the donor; or (2) If the donor is deceased, provide confidential notification of such determination to any known physician of the donor, which physician shall have the sole discretion whether the person who executed the gift of the body part or any person at risk of being infected with HIV by the donor should be notified by that physician of such determination. (d) In a medical emergency constituting a serious threat to the life of a potential recipient of blood, if blood that has been subjected to the HIV test required under subsection (b) of this Code section is not available, the testing otherwise required under subsection (b) shall not be required regarding such blood. (e) Any person or legal entity which violates subsection (b) of this Code section shall be guilty of a misdemeanor. Section 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1829

COMMUNITY EDUCATION AND DEVELOPMENT ACTENACTMENT; GRANTS. Code Sections 50-8-140 through 50-8-146 Enacted. No. 1441 (House Bill No. 1488). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for a program of community education and development grants; to provide a short title; to provide for definitions; to authorize the Department of Community Affairs to make grants to boards of education for certain programs and activities; to provide for qualifications, requirements, practices, and procedures relative to such grants; to provide for matching funds, employment of personnel, and training programs; to provide for advisory councils; to provide for contracts and agreements; to provide for rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end thereof a new Article 6 to read as follows: ARTICLE 6 50-8-140. This article shall be known and may be cited as the `Community Education and Development Act.' 50-8-141. As used in this article, the term: (1) `Board of education' means the county board of education in any county in which there is no independent school system. In any county in which there is a county school system and one or more independent school systems,

Page 1830

`board of education' means the board of education designated by written agreement of all boards of education within the county to coordinate the community education and development program within the county. (2) `Department' means the Department of Community Affairs. 50-8-142. From funds appropriated or otherwise available for such purpose, the Department of Community Affairs is authorized to make grants to boards of education for the creation, administration, operation, and coordination of community education and development programs and activities. Such grants shall be made and the funds shall be administered and expended subject to this article and the rules and regulations of the Board of Community Affairs adopted pursuant to this article. 50-8-143. All grants under this article shall be made on a county basis. Grants shall be paid to the board of education in each county applying for such grants. 50-8-144. (a) There shall be four types of community education and development grants awarded pursuant to this article as follows: (1) Planning grants; (2) Training grants; (3) Training continuation grants; and (4) Leadership support grants. (b) Planning grants shall be awarded in an amount not to exceed $10,000.00 per grant. Not more than one planning grant shall be awarded for each county. No planning grant shall be awarded for any county in which a community education and development program was in existence on January 1, 1988. Planning grant funds shall be used to plan for the implementation, operation, and contents of a community education and development program for the county, for the establishment of a functional community education advisory council for the county, for the employment of personnel, and for

Page 1831

the support of leadership during the planning and development of a community education and development program for the county. Such planning shall include an examination of the need for a program within the county, the availability of personnel to implement and operate a program, the training of personnel, the availability of adequate facilities, the costs associated with a program, the desire of the citizens within the county to participate in a program, and any other matters related to whether a program should be established and, if established, how such program should be implemented and operated for the benefit of all citizens within the county. (c) Training grants shall be awarded in an amount of $600.00 per grant. Not more than one training grant shall be awarded for each county. No training grant shall be awarded for any county in which a community education and development program was in existence on January 1, 1988. Training grants shall be used for the purpose of providing training to personnel, whether employees or volunteers, prior to the initial implementation of a program or during the first year of operation of the program, or both. (d) Training continuation grants shall be awarded in an amount of $300.00 per grant. Training continuation grants shall be awarded annually. Not more than one training continuation grant shall be awarded for each county. No training continuation grant shall be awarded for any county if a training grant has been awarded pursuant to subsection (c) of this Code section for such county for the same year. Training continuation grants shall be used for the purpose of providing training to personnel, whether employees or volunteers, during years following the initial year of operation of a community education and development program within a county. (e) Leadership support grants shall be awarded in units based on the population of the county according to the United States decennial census of 1980 or any future such census. A grant of $16,000.00 shall be awarded for each unit to which a county is entitled under this subsection. A county shall be entitled to one unit for each 25,000 in population or a portion thereof, provided that: (1) In counties having a population of 25,000 or less according to the United States decennial census of 1980

Page 1832

or any future such census at least one qualified person with at least half-time responsibility for community education development and implementation is employed by the board of education; (2) In counties having a population of more than 25,000 according to the United States decennial census of 1980 or any future such census at least one qualified person with full-time responsibility for community education development and implementation is employed by the board of education; (3) In order to receive more than two units of leadership support grant funds from the department under this subsection, the board of education shall provide matching funds for the community education and development program within the county in an amount equal to the state funds provided for the third and subsequent units to which the county is otherwise entitled. The expenditure of such matching funds is declared to be for the support and maintenance of education and is for a public purpose. The funds of county and independent school systems and any funds otherwise available to such school systems through grants, gifts, or bequests may be used as matching funds under this paragraph; (4) An appropriate training program has been established within the county for the purpose of training personnel, whether employees or volunteers, for the operation of the community education and development program within the county; (5) A resolution has been adopted by the county board of education and by the board of education of each independent school system within the county supporting the implementation and funding of a community education and development program within the county; and (6) A functional community education and development advisory council has been established by the board of education within the county to assist and advise the board of education and the community education and development coordinator. Such advisory council shall involve

Page 1833

governmental and community service agencies, the business community, and private citizens in planning, implementation, and funding of community education and development programs. 50-8-145. No grants shall be awarded pursuant to this article for any county in which there is a county school system and one or more independent school systems unless the boards of education of all such school systems within the county agree in writing to support and provide funds for the community education and development program within such county and agree on a method to administer such program. 50-8-146. (a) The Department of Community Affairs is authorized to administer this article and the program of community education and development grants authorized by this article. (b) The Board of Community Affairs is authorized to adopt rules and regulations to carry out the provisions of this article and administer the community education and development grant program. (c) The Board of Community Affairs shall create a statewide, interagency community education and development advisory council to be composed of not less than 14 and not more than 25 members as provided by the board. Members shall be appointed by the commissioner of community affairs. The members of the council shall serve without compensation. The council shall advise the Board of Community Affairs, the Department of Community Affairs, and the commissioner of community affairs concerning the community education and development grant program and shall assist boards of education with developing, implementing, operating, and improving community education and development programs. (d) The Department of Community Affairs and the Board of Community Affairs are authorized to accept and expend state, federal, local, and private funds, including gifts, grants, and bequests from any person, corporation, partnership, association, or other entity, to administer this article and to support community education and development programs throughout this state.

Page 1834

(e) If sufficient funds are not available in any year to provide planning grants, training grants, and training continuation grants to all counties applying for such grants, available funds shall be awarded for planning grants, training grants, and training continuation grants in the order in which applications for such grants are received by the department. If sufficient funds are not available for leadership support grants, available funds shall be awarded in the order in which the applications for such grants are received, provided that all counties applying shall receive a grant for one unit before a second unit is distributed to any county, all counties entitled to two units shall receive such second unit before subsequent units are awarded to any county, and so forth until all available funds have been distributed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONSMETROPOLITAN AREAS OF MORE THAN 1,000,000; MEMBERSHIP OF COMMISSIONS. Code Sections 50-8-80 and 50-8-84 Amended. No. 1442 (House Bill No. 1193). 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 for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, so as to make certain technical corrections; to change the provisions relating to the membership of a commission; to provide when an additional member of a commission

Page 1835

shall first take office and for effective dates in connection therewith; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 4 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to metropolitan area planning and development commissions for metropolitan areas of this state having a population of more than 1,000,000 according to the United States decennial census of 1970 or any future such census, is amended by striking paragraphs (7) and (10) of Code Section 50-8-80, relating to definitions, in their entirety and substituting in lieu thereof new paragraphs (7) and (10), respectively, to read as follows: (7) `Members at large' means those members of a commission elected pursuant to paragraph (6) of subsection (a) of Code Section 50-8-84. (10) `Public members' means those members of a commission holding office pursuant to paragraphs (1) through (5) of subsection (a) of Code Section 50-8-84. Section 2 . Said article is further amended by striking paragraphs (4) and (6) of subsection (a) of Code Section 50-8-84, relating to the membership of a commission, in their entirety and substituting in lieu thereof new paragraphs (4) and (6), respectively, to read as follows: (4) From the most populous county within the area, the mayor of a municipality located within the northern half of such county elected by majority vote of the mayors of all municipalities located within the northern half of such county and the mayor of a municipality located within the southern half of such county elected by a majority vote of the mayors of all municipalities located within the southern half of such county; (6) Fifteen at-large members not holding elective or appointed public office and not employed by any of the political subdivisions of the area, who shall be elected as follows:

Page 1836

(A) Within ten days after a commission has been activated pursuant to Code Section 50-8-82 and within 90 days after the publication of a subsequent United States decennial census, the members of the General Assembly whose representative or senatorial districts lie wholly or partially within an area shall meet upon call by the Speaker of the House of Representatives and the President of the Senate and shall divide the area into 15 districts. Each district shall contain approximately the same population; shall consist of combinations of contiguous census tracts from the latest available United States decennial census; but may cross the boundary lines of political subdivisions; and (B) Within ten days after the area has been so divided into districts, the public members of a commission shall meet upon call of the chairman of the county commission of the most populous county within its area and elect one resident of each district as a member of the commission. Section 3 . Said article is further amended by striking subsection (c) of Code Section 50-8-84, relating to the membership of a commission, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) Within 90 days after any area, county, or municipality is added to or removed from the jurisdiction of an existing commission under the provisions of paragraph (1) of Code Section 50-8-80 or subsection (b) of this Code section, the resulting area shall be redistricted and the 15 members at large shall be elected in accordance with paragraph (6) of subsection (a) of this Code section relative to redistricting after a United States decennial census. Section 4 . The first additional member of a metropolitan area planning and development commission resulting from paragraph (4) of subsection (a) of Code Section 50-8-84, as quoted in Section 2 of this Act, shall be elected by the appropriate mayors of municipalities to take office on July 1, 1988, and this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law for the purpose of providing authority for such mayors to hold the election for such additional

Page 1837

member prior to July 1, 1988. This Act shall be effective for all purposes on July 1, 1988. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. TEACHERS RETIREMENT SYSTEM OF GEORGIAMEMBERSHIP; EMPLOYEES OF COUNTY SCHOOL SYSTEM OF COUNTY OF 550,000 OR MORE. Code Section 47-3-67 Enacted. No. 1443 (House Bill No. 704). AN ACT To amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, so as to provide that persons who are employed or who become employed by a certain county school system shall be members of the Teachers Retirement System of Georgia and shall not be or continue to be members of a local retirement fund; to provide that members of a certain local retirement fund shall be transferred to the Teachers Retirement System of Georgia; to provide for payments, conditions, and requirements 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 . Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by adding at the end thereof a new Code Section 47-3-67 to read as follows:

Page 1838

47-3-67. (a) As used in this Code section, the term: (1) `Continuous service' means active continuous employment in the county school system interrupted only by a leave duly authorized and granted by the county school system. (2) `County' means 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. (3) `County school system' means the local school system of a county. (4) `Local retirement fund' means a local retirement fund covering teachers employed by a county school system. (5) `Teacher' means any teacher as defined by paragraph (28) of Code Section 47-3-1 who is employed by a county school system. (6) `Transferred teacher' means a teacher who is transferred from membership in a local retirement fund to membership in the Teachers Retirement System of Georgia by subsection (c) of this Code section. (b) Any teacher who becomes employed by a county school system on or after July 1, 1988, shall become a member of the retirement system as a condition of employment, and such teacher shall not be eligible for membership in a local retirement fund. (c) Effective on July 1, 1988, all teachers who are actively employed by a county school system on that date and who were so employed prior to that date and who are enrolled on that date under the local retirement fund in a retirement plan with an effective date on or after April 1, 1962, shall be transferred to and become members of the Teachers Retirement System of Georgia and, subject to the provisions of subsection (d) of this Code section, shall cease to be members of the local retirement fund, except that any such teacher who has previously retired from the Teachers Retirement

Page 1839

System of Georgia shall be excluded from such transfer. Each such transferred teacher shall receive creditable service under the Teachers Retirement System of Georgia equivalent to the creditable service the teacher had under the local retirement fund as of July 1, 1988, provided that creditable service shall not be granted for service which would not be allowable as creditable service under the Teachers Retirement System of Georgia. (d) If the benefit which becomes payable to a transferred teacher upon the teacher's retirement or to another beneficiary of a transferred teacher is less under this retirement system than it would have been under the local retirement fund had membership in the local retirement fund continued, then the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the retired transferred teacher or to the other beneficiary of such a teacher an additional benefit equal to the amount by which the benefit which would be payable under the local retirement fund exceeds the benefit which becomes payable under this retirement system, with the benefit under this retirement system being computed for purposes of this Code section as if the teacher had retired with a retirement allowance determined under Code Section 47-3-120. The calculation of the additional benefit, if any, which is to be paid by the local retirement fund under this subsection shall be based on the rights that a transferred teacher had under the local retirement fund on June 30, 1988, plus rights which would have accrued under the local retirement fund after that date only for continuous service as a teacher in the employ of the county school system; provided, however, that any change made in the local retirement fund after that date shall not be considered in the determination of such rights. Until such time as the rate of employee contribution required of all members of the Teachers Retirement System of Georgia shall be increased, no transferred teacher who remains in the employ of the county school system shall be required to pay any greater percentage of the teacher's salary to the Teachers Retirement System of Georgia than such transferred teacher would have been required to pay to the local retirement fund had such teacher remained a member of the local retirement fund. In the event that a contribution in excess of such amount shall be required by the Teachers Retirement System

Page 1840

of Georgia, such excess contribution shall be made by the county school system; provided, however, that any increase in the rate of employee contribution required of all members of the Teachers Retirement System of Georgia after July 1, 1988, shall be paid for by the transferred teacher. The benefits payable under this subsection shall be made only if the transferred teacher shall have timely paid to the local retirement fund all amounts which such teacher would have paid to such fund, had he or she continued to be a member of such fund, less such amounts as were actually paid to the Teachers Retirement System of Georgia by or on behalf of such teacher. (e) (1) For each transferred teacher, the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the board of trustees the amount of employee contributions which would have been paid by the teacher to the retirement system had the teacher been a member of the retirement system during the period of creditable service established pursuant to subsection (c) of this Code section, plus applicable accrued regular interest thereon, as determined by the board of trustees, to the date of payment. (2) The board of trustees shall make the determination of the amount to be paid to the board under paragraph (1) of this subsection and the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay the amount so determined to the board of trustees by not later than August 1, 1988. (f) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay to the board of trustees an amount of employer contributions for transferred teachers (not less than zero) actuarially determined by the board of trustees under the following formula: A = B - ((C D)) x E) A = Amount of employer contributions payable to the board of trustees under this subsection. B = Unfunded accrued liability, determined as of June 30, 1988, of transferred teachers and determined

Page 1841

on the basis of the same methods and assumptions used in preparing the regular annual actuarial evaluation, except that the value of the assets of the retirement system shall be determined on the greater of market value or book value of such assets, as if such transferred teachers had been members of the retirement system on June 30, 1988, less the payment made to the board of trustees pursuant to subsection (e) of this Code section. C = Unfunded accrued liability, determined as of June 30, 1988, with the value of assets being determined on the greater of market value or book value of such assets, of the retirement system, determined without regard to any teacher in the employ of a county school system as defined in subsection (a) of this Code section. D = The total annual earnable compensation for the fiscal year ending June 30, 1988, of members of the retirement system, plus the annual state compensation for the fiscal year ending June 30, 1988, of members of local retirement funds other than a local retirement fund as defined in subsection (a) of this Code section. E = The total earnable compensation for the fiscal year ending June 30, 1988, of transferred teachers. (g) The amount determined under subsection (f) of this Code section shall be reduced by a 1986-87 retirement system funding allowance determined as follows: (1) Determine the total amount which was intended to be withheld from the county school system for the 1986-87 fiscal year pursuant to the provisions of the `Quality Basic Education Act' which was to be withheld for the purpose of paying the employer's portion of the cost of membership in the Teachers Retirement System of Georgia for teacher members of the local retirement fund; (2) Subtract from the total amount determined under paragraph (1) of this subsection that portion of such amount which was actually paid to the county school system for the 1986-87 fiscal year; and

Page 1842

(3) The amount resulting from the calculations under paragraphs (1) and (2) of this subsection shall be the 1986-87 retirement system funding allowance. (h) Payment of the amount determined under subsections (f) and (g) of this Code section shall be made to the board of trustees in not more than 39 equal annual installments to be paid by June 30 of each year beginning on June 30, 1990, in the manner prescribed by the board of trustees; provided, however, an interest payment must be paid by June 30, 1989, and the amount of such interest payment shall be determined by the board of trustees as provided in this subsection. In addition to payment of the installments of the amount determined under subsections (f) and (g) of this Code section, annual interest shall be added to each payment computed on the unpaid balance of such amount at a rate equal to the average rate of return, as determined by the board of trustees, on fixed income investments made by the retirement system during the preceding calendar year but not to exceed 9 percent per annum. The rate of interest for the interest payment to be paid by June 30, 1989, shall be determined in the same manner and shall accrue from July 1, 1988, until the date of payment on the amount determined under subsections (f) and (g) of this Code section. Beginning in 1989 for the interest payment, by May 1 of each year, the board of trustees shall notify the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, as to the amount due by the following June 30. The amount in the notification will include the interest as computed pursuant to this subsection and shall and must be paid by the following June 30. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall be empowered and shall have the duty to pay this interest. The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall have the right at any time to pay the full amount of the balance then remaining under the provisions of this subsection, and, in that event, there shall be no prepayment penalty of any kind.

Page 1843

(i) The employer of any teachers who become members of this retirement system under this Code section and any such teachers shall have all the rights, obligations, and duties under this Code section and as provided by any other provisions of this chapter. (j) If the fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, refuse or fail to make any payment required by this Code section, it shall be the duty of the board of trustees to notify the Fiscal Division of the Department of Administrative Services and the State Board of Education of such refusal or failure; and thereupon it shall be the duty of the Fiscal Division of the Department of Administrative Services and the State Board of Education to withhold from such fiscal authority or other governing body any state appropriations or any other funds which would be allocated or allocable for educational purposes to such fiscal authority or other governing body until the Fiscal Division of the Department of Administrative Services and the State Board of Education receives authorization from the board of trustees to release such funds. The Fiscal Division of the Department of Administrative Services and the State Board of Education are authorized and directed, upon certified request of the board of trustees, to remit to the board of trustees from such withheld funds the amount necessary to cover the amount which the fiscal authority or other governing body has refused or failed to pay to the board of trustees under this Code section. It shall be illegal for the Fiscal Division of the Department of Administrative Services and the State Board of Education to pay out or release such funds, after notice from the board of trustees, until and unless compliance with this Code section is achieved. The Fiscal Division of the Department of Administrative Services and the State Board of Education are authorized to release the remainder of all such withheld funds upon authorization from the board of trustees. (k) The fiscal authority or other governing body, by whatever name designated, of the local retirement fund or the county school system, or both, or their successors in interest, shall make such certifications as are requested by the board of trustees to implement and effectuate this Code section.

Page 1844

(1) No provision of this Code section shall be construed to result in any increase in the rate of employer contributions paid by employers based on the part of the earnable compensation of members not payable from state teachers' salary funds or from other funds of the state. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. INSURANCEINVESTMENTS BY INSURERS; LOANS GUARANTEED BY UNITED STUDENT AID FUNDS, INC. Code Section 33-11-19.2 Enacted. No. 1444 (House Bill No. 1247). AN ACT To amend Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, so as to provide that insurers may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 11 of Title 33 of the Official Code of Georgia Annotated, relating to investments by insurers, is amended by adding, following Code Section 33-11-19.1, a new Code Section 33-11-19.2 to read as follows: 33-11-19.2. An insurer may make and invest in loans guaranteed as to principal and interest by the United Student Aid Funds, Inc., to the extent of such guaranty.

Page 1845

Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. AVIATIONSALE OR LEASE OF AIRPORTS TO FOREIGN CITIZENS OR BUSINESSES PROHIBITED. Code Section 6-3-20.1 Enacted. No. 1445 (House Bill No. 1238). AN ACT To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities, and other political subdivisions, so as to provide that no county, municipality, or other political subdivision and no public authority owning or controlling an airport may sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport; to provide for definitions; to provide that this Act shall not prevent or be construed to prevent such persons or business entities from leasing or purchasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon, or from leasing or subleasing portions of any airport for the purpose of allowing any other such person or entity to conduct its lawful business thereon; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to airports of counties, municipalities,

Page 1846

and other political subdivisions, is amended by adding immediately following Code Section 6-3-20 a new Code Section 6-3-20.1 to read as follows: 6-3-20.1. (a) As used in this Code section, the term: (1) `Airport' means the real and personal property constituting an airport as a complete entity or unit, and the management, operation, or control of an airport means the overall management, operation, or control of the airport as a complete entity or unit. (2) `Business entity with a substantial foreign ownership' means any business entity in which 25 percent or more of the equity in such business entity is owned by persons or other business entities that are not citizens of the United States. (3) `Citizen of the United States' means any individual person who is a citizen of the United States and any business entity incorporated or having its principal place of business in the United States, but the term shall not include any business entity with a substantial foreign ownership. (4) `Person' means an individual person. (b) No county, municipality, or other political subdivision and no public authority owning or controlling an airport shall sell, lease, or otherwise contract with any person or business entity which is not a citizen of the United States or with any business entity with a substantial foreign ownership to have such person or business entity manage, operate, own, or control such airport. (c) The provisions of subsection (b) of this Code section shall not prevent or be construed to prevent any person who is not a citizen of the United States or any business entity with a substantial foreign ownership from leasing or purchasing portions of any airport for the purpose of conducting such person's or entity's lawful business thereon, or from leasing or subleasing portions of any airport for the purpose of allowing any other such person or entity to conduct its lawful business thereon.

Page 1847

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 12, 1988. LOCAL GOVERNMENTBURGLAR AND FIRE ALARMS; ELECTRONIC SECURITY SYSTEMS; PRIVATE PROPERTY. Code Section 36-60-12 Enacted. No. 1446 (Senate Bill No. 630). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, so as to prohibit counties and municipal corporations and officials and employees thereof from installing, servicing, maintaining, operating, selling, or leasing as lessor any burglar alarm systems, fire alarm systems, or other electronic security systems on private property under certain circumstances; to provide for an exception; to provide for other matters relative thereto; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties and municipal corporations, is amended by adding at the end thereof a new Code Section 36-60-12 to read as follows: 36-60-12. No county or municipal corporation shall install, service, maintain, operate, sell, or lease as lessor any

Page 1848

burglar alarm system, fire alarm system, or other electronic security system on private property if a private contractor licensed to do business within the county or municipality offers such systems or services to the public within such county or municipality. The provisions of this Code section shall not prohibit a county or municipal corporation from installing, servicing, maintaining, or operating a burglar alarm system, fire alarm system, or other electronic security system on any property owned or leased by such county or municipal corporation. This Code section shall not apply to any county or municipality offering electronic security systems on January 1, 1988. Any person violating this Code section or expending county or municipal funds in violation of this Code section shall be guilty of a misdemeanor. Section 2 . This Act shall not prevent volunteer fire departments from selling or leasing battery operated fire detection equipment, or fire extinguishers in their service areas. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988. EDUCATIONCOMPREHENSIVE EVALUATION OF PUBLIC SCHOOLS AND SCHOOL SYSTEMS; QUALITY BASIC EDUCATION PROGRAM TASK FORCE. Code Sections 20-2-282 and 20-2-320 Amended. No. 1447 (Senate Bill No. 588). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, so as to change the provisions relating to the comprehensive evaluation of public schools and school systems; to

Page 1849

change the provisions relating to the Quality Basic Education Program task force; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, is amended by adding at the end of subsection (a) of Code Section 20-2-282, relating to the comprehensive evaluation of public schools and school systems, a new paragraph (3) to read as follows: (3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request. Section 2 . Said article is further amended by striking subsection (d) of Code Section 20-2-282, relating to the comprehensive

Page 1850

evaluationn of public schools and school systems, in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school sytems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used

Page 1851

in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected, for the sole purpose of the profiles created under this Code section, prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the Office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles. Section 3 . Said article is further amended by striking Code Section 20-2-320, relating to the Quality Basic Education Program

Page 1852

task force, in its entirety and substituting in lieu thereof a new Code Section 20-2-320 to read as follows: 20-2-320. (a) The Governor shall appoint a task force composed of representatives from the Department of Education, the State Board of Postsecondary Vocational Education, the Office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and postsecondary area vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section. (b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The Board of Postsecondary Vocational Education shall develop and maintain an individual data record for each student enrolled in the postsecondary

Page 1853

vocational schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Postsecondary Vocational Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the State Board of Post-secondary Vocational Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Board of Post-secondary Vocational Education shall be accessible by authorized educational agencies; provided, that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies; provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the State Board of Postsecondary

Page 1854

Vocational Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the State Board of Postsecondary Vocational Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies. (d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Postsecondary Vocational Education, local units of administration, public libraries, and postsecondary area vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the State Board of Postsecondary Vocational Education, local units of administration, public schools, public libraries, and postsecondary area vocational-technical schools. (e) The task force shall develop a timetable for implementation of the state-wide comprehensive educational information

Page 1855

network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network. The task force shall also submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate complete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation. (f) The state-wide comprehensive educational information network shall be fully completed by July 1, 1991, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 12, 1988.

Page 1856

COURT OF APPEALSPREAPPEAL SETTLEMENT CONFERENCE; PROCEDURE; JUDGES. Code Section 15-3-13 Enacted. No. 1448 (House Bill No. 615). AN ACT To amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to authorize the Court of Appeals to establish by rule a preappeal settlement conference procedure; to provide for settlement conference judges; to provide for travel, per diem, and pay allowances; to provide for review of proposed rules or amendments; 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 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by adding a new Code section at the end thereof, to be designated Code Section 15-3-13, to read as follows: 15-3-13. (a) The Court of Appeals of Georgia is authorized to establish by rule of court a voluntary preappeal settlement conference procedure. In furtherance of such a procedure, the court is authorized to provide by rule for the extension of time for the filing of the record, enumerations of error, briefs, or other matters for which time of filing is otherwise prescribed by statute. (b) The Court of Appeals shall utilize Senior Appellate Court Justices and Judges and senior superior court judges as settlement conference judges. (c) Settlement conference judges shall be entitled to receive the same travel, per diem, and pay allowances now

Page 1857

or hereafter authorized to be paid to senior judges of the superior courts when called. (d) Any rules or amendments thereto adopted pursuant to this Code section shall be submitted to the State Bar of Georgia, the Judiciary Committee of the House of Representatives, and the Judiciary Committee of the Senate at least 30 days before such rules or amendments shall become effective. The Court of Appeals shall receive and consider such comments as shall be made by such organization or committees. Section 2 . This Act shall become effective February 1, 1989. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. INSURANCEINSURERS; REPORTING STATISTICS THROUGH RECOGNIZED STATISTICAL AGENCY OR ADVISORY ORGANIZATION. Code Section 33-9-20 Amended. No. 1449 (House Bill No. 1494). AN ACT To amend Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by insurers and rating and advisory organizations generally, so as to require an insurer to report its statistics through a recognized statistical agency or advisory organization; to provide exceptions; to repeal conflicting laws; and for other purposes.

Page 1858

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 33-9-20 of the Official Code of Georgia Annotated, relating to the maintenance and reporting of records, data, and statistics by insurers and rating and advisory organizations generally, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (b) Each insurer shall maintain statistics under statistical plans compatible with the rating plans used. An insurer shall report its statistics through a recognized statistical agency or advisory organization. No insurer shall be required to report its statistics through such agencies or organizations with respect to any unique or unusual risks or with respect to any risks rated in accordance with Code Section 33-9-32 or any lines or sublines of insurance for which such agencies or organizations do not promulgate rates or rating systems. Moreover, the Commissioner shall withhold from public inspection any proprietary information of any insurer, agency, or organization. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1859

CRIMINAL PROCEDURECAPITAL FELONY PROSECUTIONS; REIMBURSEMENT OF COUNTIES FOR EXPENSES. Code Sections 17-11-21, 17-11-22, and 17-11-23 Amended. No. 1450 (House Bill No. 1529). AN ACT To amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, so as to change the definition of the term county revenue; to change the provisions relating to the basis for reimbursement of counties for capital felony expenses; to change the amount of reimbursement to a county for certain capital felony expenses; to change the provisions relating to when reimbursement payments will be made; to provide procedures; to provide for payments when funds are available; to limit the expenditure of funds for reimbursement during a certain period of the year; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to reimbursement of counties for expenses of capital felony prosecutions, is amended by striking in its entirety paragraph (4) of Code Section 17-11-21, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `County revenue' means the most current available total of adjusted taxes as determined from the annual financial report relating to local government finances filed by the county with the Department of Community Affairs pursuant to Code Section 36-81-8. Section 2 . Said article is further amended by striking in its entirety Code Section 17-11-22, relating to the basis for reimbursement

Page 1860

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

Page 1861

in any subsequent calculations or reimbursement requests; (2) Two or more capital felony cases: (A) Expenses from the dates of arrest will be accumulated. When two or more capital felony cases each result in capital felony expenses, the accumulation of which is more than 10 percent of county revenue for the calendar year in which the superior court convictions occur or in which the defendant or defendants is or are released if not convicted, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 10 percent level; (B) If two or more capital felony cases are appealed, expenses from the dates of the superior court convictions will be accumulated. When the appeals of two or more capital felony cases result in capital felony expenses, the accumulation of which is more than 10 percent of county revenue for the calendar year in which the last appellate court action on the convictions occurs, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 10 percent level. If the county chooses not to seek reimbursement for capital felony expenses from the date of arrest to the dates of the superior court convictions and instead seeks reimbursement for its capital felony expenses through the last appellate court action, the county will be reimbursed for all accumulated capital felony expenses in excess of the 10 percent level; (C) If two or more capital felony cases are appealed and the convictions are reversed, capital felony expenses for any subsequent retrials and appeals will be handled in accordance with the provisions of subparagraphs (A) and (B) of this paragraph; provided, however, that, if only one conviction is reversed, capital felony expenses for any subsequent retrial and appeals will be handled in accordance with the provisions of subparagraphs (A) and (B) of this paragraph;

Page 1862

(D) No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests; (E) Nothing in this paragraph relative to two or more capital felony cases shall operate to preclude reimbursement under paragraph (1) of this Code section if a single capital felony case entitles a county to reimbursement thereunder even though total capital felony cases may not entitle a county to reimbursement under this paragraph., and inserting in lieu thereof a new Code Section 17-11-22 to read as follows: 17-11-22. (a) Each county which is responsible for the costs of a capital felony case will be reimbursed for capital felony expenses as provided in this Code section. With respect to one or more capital felony cases, expenses from the date of arrest will be accumulated. When one or more capital felony cases result in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the superior court conviction occurs or in which the defendant is released if not convicted, the county will be reimbursed for all such accumulated capital felony expenses in excess of the 5 percent level. After a county has qualified or been reimbursed for capital felony expenses for any calendar year, the county shall be eligible for any capital felony expenses resulting from such case or cases in subsequent calendar years prior to the appeal of such case or cases. County revenues shall not be applicable in determining the amount of reimbursement for capital felony expenses occurring in such subsequent years prior to the appeal of the case or cases. (b) If one or more capital felony cases are appealed, expenses from the date of the superior court conviction will be accumulated. When the appeal of one or more capital felony cases results in capital felony expenses, the accumulation of which is more than 5 percent of county revenue for the calendar year in which the last appellate court action

Page 1863

on the conviction occurs, the county will be reimbursed for all such capital felony expenses in excess of the 5 percent level. If the county chooses not to seek reimbursement for capital felony expenses from the date of arrest to the date of the superior court conviction and instead seeks reimbursement for its capital felony expenses through the last appellate court action, the county will be reimbursed for all accumulated capital felony expenses in excess of the 5 percent level. (c) If a capital felony case is appealed and the conviction is reversed, capital felony expenses for any subsequent retrial and appeals will be handled in accordance with the provisions of subsections (a) and (b) of this Code section. (d) No capital felony expenses for which reimbursement has already been made will again be included in any subsequent calculations or reimbursement requests. Section 3 . Said article is further amended by striking in its entirety Code Section 17-11-23, relating to when reimbursement payments are to be made, and inserting in lieu thereof a new Code Section 17-11-23 to read as follows: 17-11-23. (a) (1) Reimbursement payments for eligible capital felony expenses under this article will be made to the governing authority of each county incurring capital felony expenses. The payments will be made during the second quarter of a calendar year for capital felony expenses eligible for reimbursement during the immediately preceding calendar year; provided, however, that, if a county is reimbursed during the second quarter of a calendar year and has additional capital felony expenses eligible for reimbursement during the remainder of such calendar year resulting from the same case or cases, payments will be made during the fourth quarter of such calendar year for the additional capital felony expenses eligible for reimbursement. (2) Reimbursement payments shall be made from funds appropriated for such purpose pursuant to subsection (a) of Code Section 17-11-24, and no payments are

Page 1864

required to be made if funds are not available or have not been appropriated. (b) (1) In the event that requests for reimbursement exceed the amount appropriated for this article, the commissioner shall have the right to reduce each request proportionally so that the total amount of requests shall not exceed the total amount of funds available for reimbursement payments at the time of the request. (2) Notwithstanding any other provisions of this Code section, during the first payment cycle of a state fiscal year (fourth quarter of a calendar year) not more than one-half of the funds available for reimbursement will be expended for reimbursement purposes. 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 14, 1988.

Page 1865

GENERAL ASSEMBLYSTATE AUTHORITIES; LEASES; APPROVAL BY FISCAL AFFAIRS SUBCOMMITTEES. Code Section 28-5-25.1 Enacted. No. 1451 (House Bill No. 1535). AN ACT To amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, so as to require that certain leases of property by state authorities must be approved by the fiscal affairs subcommittees; 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 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the fiscal affairs subcommittees of the Senate and House of Representatives, is amended by adding after Code Section 28-5-25 a new Code Section 28-5-25.1 to read as follows: 28-5-25.1 (a) No lease of property owned by a state authority shall become valid until and unless the lease is approved by the fiscal affairs subcommittees meeting jointly at the call of the Governor if such lease is a lease of land for the acquisition of which state funds were appropriated, directly or indirectly, by an appropriations Act which specified that such lease must be approved by the fiscal affairs subcommittees. (b) The approval of any such lease shall require the affirmative votes of at least 11 members of such subcommittees meeting jointly. Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 1866

Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. REVENUE AND TAXATIONEXCISE TAX ON ROOMS, LODGINGS, AND ACCOMMODATIONS; COUNTIES OF MORE THAN 500,000; MUNICIPALITIES OF MORE THAN 400,000; DOMED STADIUM. Code Section 48-13-51 Amended. No. 1452 (House Bill No. 1554). AN ACT To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, so as to change the length of time during which the levy of such tax at certain rates is authorized in certain counties and municipalities; to change certain provisions with respect to expending funds collected pursuant to such 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 48-13-51 of the Official Code of Georgia Annotated, relating to the levy by counties and municipalities of an excise tax on charges to the public for rooms, lodgings, or accommodations, is amended by striking paragraph (4) of subsection (a) in its entirety and substituting in lieu thereof a new paragraph (4) to read as follows: (4) Notwithstanding any other provision of this subsection, a county having a population of more than 550,000

Page 1867

according to the 1980 decennial census or any future such census or a municipality having a population of more than 400,000 according to the 1980 decennial census or any future such census may levy a tax under this Code section for one continuous three-year period at a rate of 6 percent, and the aggregate amount of all taxes during such three-year period may be up to 11 percent except as otherwise provided in this paragraph. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected at a rate of 6 percent) an amount equal to at least 60 percent of the total taxes collected under this Code section for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. Upon the expiration of such three-year period, the 60 percent expenditure requirement of this paragraph shall be reduced to 33 1/3 percent, and as an additional requirement at least 16 2/3 percent of the total taxes collected under this Code section must be expended for the purpose of funding the construction of a domed stadium facility funded in part by a grant of state funds. Any tax levied pursuant to this paragraph (4) for such purpose shall terminate not later than December 31, 2017, or the date of final payment of any county's or municipality's share of funds for any domed stadium facility funded in part by a grant of state funds,

Page 1868

whichever occurs first. Following such termination, any county or municipality which has levied a tax pursuant to this paragraph (4) shall be authorized to levy a tax in the manner and at the rate authorized by any other applicable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4). If construction of such domed stadium facility has not begun on or before the last day of such three-year period, then any county or municipality which has once levied a tax pursuant to this paragraph (4) for a three-year period shall, at the end of such period, be authorized to levy a tax in the manner and at the rate authorized by any other applicable provisions of this Code section but shall not thereafter be authorized to again levy a tax under this paragraph (4). 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 14, 1988. COMMERCE AND TRADEMULTILEVEL DISTRIBUTION COMPANIES; REGULATION; CONTRACTS; PROHIBITED ACTIVITIES; BONDS; REPORTS. Code Title 10, Chapter 1, Article 15, Part 3 Revised. Code Title 10, Chapter 1, Article 17 Repealed. Code Section 16-12-38 Amended. No. 1453 (House Bill No. 1565). 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

Page 1869

to change the provisions relating to the sale of business opportunities; to provide for the Secretary of State to be the agent for service of process; to provide that multilevel distribution companies shall be regulated in the same manner as companies which sell business opportunities; to provide that contracts of multilevel distribution companies shall be in writing and shall contain certain information; to prohibit multilevel distribution companies from engaging in certain activities; to require multilevel distribution companies to procure bonds under certain circumstances; to require multilevel distribution companies to file a registration report with the administrator; to provide for applicability; to delete certain provisions relating to multilevel distribution companies; 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 certain provisions and references to multilevel distribution companies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Part 3 of Article 15, relating to the sale of business opportunities, and inserting in lieu thereof a new Part 3 to read as follows: Part 3 10-1-410. As used in this part, the term: (1) `Agreement' means any agreement relating to a business opportunity or multilevel distribution company, including, but not limited to, the contract. (2) (A) `Business opportunity' means the sale or lease of, or offer to sell or lease, any products, equipment, supplies, or services for the purpose of enabling the purchaser to start a business and in which the seller or company represents: (i) That the seller or company will provide locations or assist the purchaser in finding locations

Page 1870

for the use or operation of vending machines, racks, display cases or other similar devices, or currency operated amusement machines or devices; (ii) That the seller or company will purchase any or all products made, produced, fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the supplies, services, or chattels sold to the purchaser; (iii) That, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, the purchaser may or will derive income from the business opportunity which exceeds the initial payment for the business opportunity; or that the seller or company will refund all or part of the price paid for the business opportunity or repurchase any of the products, equipment, supplies, or chattels supplied by the seller or company, if the purchaser is dissatisfied with the business opportunity; or (iv) That the company, in conjunction with any agreement which requires a total initial payment of an amount exceeding $500.00, will provide a sales program or marketing program; provided, however, that this paragraph shall not apply to the sale of a marketing program made in conjunction with the licensing of a registered trademark or service mark. (B) The term `business opportunity' does not include: (i) The sale of an ongoing business when the owner of that business sells and intends to sell only that one business opportunity; (ii) Any relationship created solely by or involving:

Page 1871

(I) The relationship between an employer and an employee or among general business partners; or (II) Membership in a bona fide cooperative association or transactions between bona fide cooperative associations and their members. As used in this subdivision, the term `cooperative association' means either (1) an association of producers of agricultural products organized pursuant to Article 3 of Chapter 10 of Title 2 or statutes similar thereto enacted by other states, or (2) an organization operated on a cooperative basis by and for independent retailers which wholesales goods or furnishes services primarily to its member-retailers; (iii) Any agribusiness corporation; or (iv) Any insurance agency. (3) `Business opportunity seller or company' means any corporation, whether domestic or foreign, or any business, whether a partnership, limited partnership, sole proprietorship, joint venture, association, trust, unincorporated organization, or other entity, which shall solicit, advertise, offer, or contract for any business opportunity or cause to be solicited, advertised, offered, or contracted for any business opportunity in this state. (4) `Company' means any multilevel distribution company or business opportunity company or seller. (5) `Initial payment' means the total amount a purchaser or participant is obligated to pay under the terms of an agreement before or at the time of delivery of the goods or services to the purchaser or participant or within six months of the date that the purchaser or participant commences operation of the business. If the agreement states a total price and provides that the total price is to be paid partially as an initial cash payment and the

Page 1872

remainder in specific monthly payments, the term means the total price. The term does not include any amount required by the seller to be deposited as security for the performance by a purchaser or participant of the operation of the business or that secures an extension of credit. (6) `Multilevel distribution company' means any person, firm, corporation, or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants. The term shall not include licensed insurance agents or insurance agencies. A multilevel distribution company which is not operating in compliance with this part shall be considered an unlawful pyramid club under Code Section 10-12-38. (7) `Participant' means anyone who participates at any level in a multilevel distribution company. (8) `Person' means any individual, corporation, partnership, joint venture, association, trust, unincorporated organization, or other entity and shall include any other person that has a substantive interest in or effectively controls such person as well as the individual officers, directors, general partners, trustees, or other individuals in control of the activities of such person. (9) `Purchaser' means any person who is solicited to become obligated, or does become obligated, under any agreement. (10) `Seller' means any multilevel distribution company or it means any person who offers to sell to individuals any business opportunity, either directly or through any agent.

Page 1873

10-1-411. (a) No multilevel distribution company or participant in its marketing program shall: (1) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains; (2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein; (3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer; (4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant: (A) Where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant; (B) Where no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which the participant may receive; or

Page 1874

(C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive; or (5) Represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants except as may be permitted under this part; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that most participants will succeed. (b) At least 48 hours prior to the time the purchaser signs a business opportunity contract or at least 48 hours prior to the receipt of any consideration by the seller, whichever occurs first, the seller must provide the prospective purchaser a written document, the cover sheet of which is entitled in at least ten-point boldface capital letters: `DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that: `The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.' Nothing except the title and required statement shall appear on the cover sheet. The disclosure document shall contain the following information: (1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation;

Page 1875

the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with purchasers or which takes responsibility for statements made by the seller; (2) The names, addresses, and titles of the company's officers, directors, trustees, general partners, general managers, principal executives, and any other persons charged with responsibility for the company's business activities relating to the sale of business opportunities; (3) The length of time the company has: (A) Sold business opportunities; and (B) Sold business opportunities involving the products, equipment, supplies, or services currently offered to the purchaser; (4) A full and detailed description of the actual services that the seller or company undertakes to perform for the purchaser; (5) A copy of a current (not older than 13 months) financial statement of the company, updated to reflect any material changes in the company's financial condition; (6) If training of any type is promised by the seller or company, a complete description of the training and the length of the training; (7) If the seller or company promises services to be performed in connection with the placement of equipment, product, or supplies at various locations, the full nature of those services as well as the nature of the agreements to be made with the owners or managers of those locations where the purchaser's equipment, product, or supplies will be placed;

Page 1876

(8) If the company is required to secure a bond or establish a trust deposit pursuant to Code Section 10-1-412, either of the following statements: (9) The following statement: `If the company fails to deliver the product, equipment, or supplies necessary to begin substantial operation of the business within 45 days of the delivery date stated in your contract, you may notify the company in writing and demand that the contract be canceled.'; (10) If the seller or company makes any statement concerning sales or earnings or range of sales or earnings that may be made through this business opportunity, the following disclosures: (A) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered who, to the company's knowledge, have actually received earnings in the amount or range specified within three years prior to the date of the disclosure statement; and

Page 1877

(B) The total number of purchasers of business opportunities involving the product, equipment, supplies, or services being offered within three years prior to the date of the disclosure statement; (11) The following statement: `The company selling a business opportunity or the seller shall collect no more than 15 percent of the purchase price. The balance of the purchase price shall be paid into an escrow account, established with a bank or an attorney, which is agreed upon by both parties. The balance in escrow shall be paid to the company 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first.'; and (12) The seller's principal business address and the name and address of its agent in this state authorized to receive service of process. (c) In lieu of the disclosures required by paragraphs (1) through (7), (9), and (10) of subsection (b) of this Code section, a seller may utilize the documents prescribed by the Federal Trade Commission, pursuant to Title 16, Chapter 1, Subchapter D, Trade Regulation Rules, Part 436Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures, provided that the seller shall provide the prospective purchaser with a separate written cover sheet which is entitled in at least ten-point boldface capital letters: `DISCLOSURES REQUIRED BY GEORGIA LAW.' Under this title shall appear the statement in at least ten-point type that: `The State of Georgia has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract or agreement.' Nothing except the title and required statement shall appear on the cover sheet.

Page 1878

10-1-412. (a) Any business opportunity seller or company which makes any of the representations set forth in division (2)(A)(iii) of Code Section 10-1-410 and any multilevel distribution company must either have obtained a surety bond issued by a surety company authorized to do business in this state or have established a trust account with a licensed and insured bank or savings institution located in this state. The amount of the bond or trust account shall be an amount not less than $75,000.00. The bond or trust account shall be in favor of the state for the benefit of any person who is damaged by any violation of this part or by the seller's or company's breach of the contract or agreement or of any obligation arising therefrom. Such person may bring an action against the bond or trust account to recover damages suffered; provided, however, that the aggregate liability of the surety or trustee shall be only for actual damages and in no event shall exceed the amount of the bond or trust account. A multilevel distribution company which requires an initial payment of less than $250.00 from each participant shall be exempt from the requirements of this Code section. (b) In any sale of a business opportunity, the seller shall collect no more than 15 percent of the total purchase price, with the balance to be placed in an independent escrow account agreed upon by both parties. The balance in the escrow account shall be paid to the seller 60 days after the date the purchaser commences operation of the business or upon complete compliance with the terms of the contract, whichever happens first. 10-1-413. (a) Every multilevel distribution company intending to have participants in this state, with an agreement made in this state, or with its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395, prior to obtaining any participants in this state or elsewhere, a copy of the contract and any material incorporated therein by reference to be used with participants and a disclosure statement containing the following: (1) The name of the company; whether the company is doing business as a proprietorship, partnership, or corporation;

Page 1879

the names under which the company has done, is doing, or intends to do business; and the name of any parent or affiliated company that will engage in business transactions with participants; (2) The names, addresses, and titles of the company's officers, directors, and trustees; (3) The length of time the company has: (A) Been engaged in multilevel distribution; and (B) Been engaged in multilevel distributions involving the types of products, equipment, supplies, or services currently offered to the purchaser; and (4) A detailed description of the levels of distribution in the multilevel program, the manner in which participants will be compensated, and the extent or amount of any compensation. (b) The seller of every business opportunity shall file with the administrator appointed pursuant to Code Section 10-1-395 a copy of the disclosure statement required by subsection (b) of Code Section 10-1-411 prior to the placing of any advertisement or making any other representations to prospective purchasers in this state. (c) Every seller shall update the filing as required by this Code section as any material change in the required information occurs, but no less than annually. If the seller is required by Code Section 10-1-412 to provide a bond or establish a trust account, he shall contemporaneously file with the administrator either the bond or formal notification by the depository that the trust account is established. (d) The administrator appointed pursuant to Code Section 10-1-395 shall be authorized to charge and collect a fee which reflects the cost of the filing and updating the documents with his office required by this part, not to exceed $100.00.

Page 1880

(e) (1) Upon the filing of the required documents and upon the administrator's finding of compliance with the requirements of this part, the administrator shall issue to a business opportunity seller an advertisement identification number and shall notify a multilevel distribution company that it is registered properly with the administrator. (2) The business opportunity seller shall disclose the advertisement identification number to each person with whom he places advertising, which number shall be recorded by the person receiving the advertising, so that the advertising media may verify the authenticity of the registration. 10-1-414. Sellers shall not: (1) Represent that a business opportunity or multilevel program provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential, which data shall be furnished to the administrator or his representatives upon request; (2) Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all representations made by the seller unless it is clear from the circumstances that the owner of the commercial symbol is not involved in the business opportunity or multilevel distribution company; or (3) Make or authorize the making of any reference to its compliance with this part in any advertisement or other contract with purchasers or participants or in any manner represent, explicitly or implicitly, that the State of Georgia or any department, agency, officer, or employee has reviewed, approved, sanctioned, or endorsed a business opportunity or multilevel program, except as provided in paragraph (5) of subsection (c) of Code Section 10-1-415.

Page 1881

10-1-415. (a) Every business opportunity or multilevel distribution contract shall be in writing, and a copy shall be given to the purchaser or participant at the time he signs the contract. (b) Every contract or any material incorporated therein by reference shall include the following: (1) The terms and conditions of payment; (2) A full and detailed description of the acts or services that the seller undertakes to perform for the purchaser or participant; (3) The seller's principal business address; and (4) The approximate delivery date of any products, equipment, or supplies that the seller is to deliver to the purchaser or participant. (c) In addition to the information required in subsection (b) of this Code section, every multilevel distribution contract, or an addendum thereto, shall contain the following: (1) If training of any type is promised by the seller or company, a complete description of the training and the length of the training; (2) If a bond is required under Code Section 10-1-412, the following statement: `As required by Georgia law, the company has secured a bond or established a trust account for your protection. Information regarding this bond or trust account is on file with the Georgia Governor's Office of Consumer Affairs.'; (3) If the participant will be under any obligation to make any payment after the agreement has been entered into, a statement in ten-point boldface type as follows:

Page 1882

`A participant in this multilevel marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the company at its principal business address.'; (4) A description of any cancellation rights; and (5) A statement that further information regarding the company is on file with the state's Office of Consumer Affairs. (d) Cancellation rights pursuant to paragraph (4) of subsection (c) of this Code section must, at a minimum, provide the following: (1) If the participant has purchased products or paid for administrative services while the contract of participation was in effect, the seller shall repurchase all unencumbered products in a reasonably resalable or reusable condition which were required by the participant from the seller; such repurchase shall be at a price not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel; (2) The repayment of all administrative fees or services shall be at not less than 90 percent of the costs to the participant of such fees or services and shall reflect all administrative services that have not, at the time of termination, been provided to the participant. The seller shall further refund at not less than 90 percent of the cost to the participant any other consideration paid by the participant in order to participate in the program; and (3) The participant may be held responsible for all shipping expenses incurred in returning sales aids or products to the company but only if such responsibility of a canceling participant is disclosed in the written description of the cancellation rights.

Page 1883

(e) The provisions of subsections (c) and (d) of this Code section shall not apply to any multilevel distribution company until December 31, 1988. 10-1-416. (a) Each seller numbering among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, shall file with the administrator appointed pursuant to Code Section 10-1-395 a statement giving notice of this fact and irrevocably appointing the Secretary of State of this state as its agent for service of process for any alleged violation of this part. Such written notice shall further set forth the intention of such seller to abide by this part. Compliance with this Code section shall not in and of itself subject any seller to the provisions or consequences of any other statute of this state. (b) Any seller which numbers among its participants or purchasers any resident of this state, which has agreements made in this state, or which has its principal place of business in this state, and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby irrevocably appointed the Secretary of State as its agent for service of process for any alleged violation of this part. (c) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the last known post office address of such seller; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such seller at the address given in such affidavit. 10-1-417. (a) If a business opportunity seller uses any untrue or misleading statements; or fails to comply with Code Section 10-1-411; or fails to deliver the equipment, supplies, or products necessary to begin substantial operation within 45 days of the delivery date stated in the contract; or if the seller does not comply with the requirements of Code Section 10-1-415 or of Code Section 10-1-416, then,

Page 1884

within one year of the date of the contract, upon written notice to seller, the purchaser or participant may void the contract and shall be entitled to receive from the seller all sums paid to the seller. Upon receipt of such sums, the purchaser or participant shall make available to the seller at purchaser's or participant's address or at the places at which they are located at the time notice is given, all products, equipment, or supplies received by the purchaser or participant. However, the purchaser or participant shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection. (b) The violation of any provision of this part shall constitute an unfair or deceptive act or practice in the conduct of a consumer act or practice or consumer transactions under Part 2 of this article, the `Fair Business Practices Act of 1975.' (c) Nothing contained in this part shall be construed to limit, modify, or repeal any provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973,' including, but not limited to, the definition of the term `security' as contained in paragraph (16) of subsection (a) of Code Section 10-5-2. (d) Any person who fails to comply with this part shall be guilty of a misdemeanor of a high and aggravated nature. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have actual knowledge of the acts violating this part. Section 2 . Said chapter is further amended by striking in its entirety Article 17, relating to multilevel distribution companies, which reads as follows: ARTICLE 17 10-1-510. As used in this article, the term `multilevel distribution company' means any person, firm, corporation,

Page 1885

or other business entity which sells, distributes, or supplies for a valuable consideration goods or services through independent agents, contractors, or distributors, at different levels wherein such participants may recruit other participants and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends, or other considerations in the program are or may be paid as a result of the sale of such goods or services or the recruitment, actions, or performances of additional participants. 10-1-511. (a) Every multilevel distribution company shall provide in its contract of participation that the contract may be canceled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all unencumbered products in a resalable condition then in the possession of the participant shall be repurchased. The repurchase shall be at a price of not less than 90 percent of the original net cost to the participant returning the goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel. (b) No multilevel distribution company nor any participant shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless the product or services are in reasonable quantities and unless it agrees: (1) To repurchase all or part of any products which are unencumbered and in a resalable condition at a price of not less than 90 percent of the original net cost to the participant, taking into account any sales made by or through the participant prior to notification to the company of election to cancel; (2) To repay not less than 90 percent of the original net cost of any services purchased by the participant; or

Page 1886

(3) To refund not less than 90 percent of any other consideration paid by the participant in order to participate in the marketing program. (c) No multilevel distribution company or participant in its marketing program shall: (1) Operate or, directly or indirectly, participate in the operation of any multilevel marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where sales to nonparticipants are not required as a condition precedent to realization of such financial gains; (2) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program solely for the solicitation or recruitment of other participants therein; (3) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant in a multilevel marketing program in connection with the sale of any product or service unless the participant performs a bona fide supervisory, distributive, selling, or soliciting function in the sale or delivery of such product or services to the ultimate consumer; or (4) Offer to pay, pay, or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration to any participant: (A) Where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant; (B) Where no amount of judgment or skill exercised by the participant has any appreciable effect

Page 1887

upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which the participant may receive; or (C) Where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend, or other consideration which he may receive or be entitled to receive. (d) Multilevel distribution companies shall not represent, directly or by implication, that participants in a multilevel marketing program will earn or receive any stated gross or net amount or represent in any manner the past earnings of participants; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multilevel distribution companies shall not represent, directly or by implication, that it is relatively easy to secure or retain additional distributors or sales personnel or that all or substantially all participants will succeed. 10-1-512. (a) Each multilevel distribution company numbering amoung its participants any resident of this state shall file with the state's Attorney General a statement giving notice of this fact and designating the Secretary of State of this state as its agent for service of process for any alleged violation of this article. Such written notice shall further set forth the intention of such multilevel distribution company to abide by this article. Compliance with this Code section shall not in and of itself subject any multilevel distribution company to the provisions or consequences of any other statute of this state. (b) Any multilevel distribution company which numbers among its participants any resident of this state and which fails to comply with subsection (a) of this Code section shall be deemed to have thereby appointed the Secretary of State its agent for service of process for any alleged violation of this article.

Page 1888

(c) Service shall be made by delivering to and leaving with the Secretary of State duplicate copies of such process, notice, or demand, together with an affidavit giving the latest known post office address of such multilevel distribution company; and such service shall be sufficient if notice thereof and a copy of the process, notice, or demand are forwarded by registered mail or certified mail addressed to such company at the address given in such affidavit. 10-1-513. The Attorney General or the district attorney of any county may petition the superior court to enjoin in whole or in part the activities of any multilevel distribution company whose activities violate this article; provided, however, that the Attorney General or district attorney shall not seek such injunctive relief without first giving the company ten days' written notice of any claimed violation. The notice is to be directed to the company's principal place of business and shall be sent either certified or registered United States mail. 10-1-514. Each violation of this article shall be punishable by a fine not to exceed $10,000.00. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; and, if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty., and inserting in lieu thereof the following: ARTICLE 17 RESERVED 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 Code Section 16-12-38, relating to chain letter clubs, pyramid clubs, etc. declared to be lotteries, and inserting in lieu thereof a new Code Section 16-12-38 to read as follows: 16-12-38. The organization of any chain letter club, pyramid club, or other group organized or brought together

Page 1889

under any plan or device whereby fees or dues or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision for the increase in such membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where such members in turn receive fees, dues, or things of material value from other members, is declared to be a lottery; and whoever shall participate in any such lottery by becoming a member of, or affiliating with, any such group or organization or whoever shall solicit any person for membership or affiliation in any such group or organization shall be guilty of a misdemeanor of a high and aggravated nature; provide, however, that this Code section shall not include a `multilevel distribution company,' as defined in paragraph (6) of Code Section 10-1-410, which is operating in compliance with Part 3 of Article 15 of Title 10. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1890

INSURANCEGEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT; JURISDICTION OF COURTS; RESTRICTED DRIVING PERMITS; EXCESS COVERAGE. Code Section 33-34-3 Amended. Code Sections 33-34-12.2 and 33-34-12.3 Enacted. No. 1454 (House Bill No. 1570). AN ACT To amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, so as to provide for the jurisdiction of offenses under the Georgia Motor Vehicle Accident Reparations Act; to provide for restricted driving permits; to provide for applications for restricted driving permits; to provide conditions under which such permits may be issued; to provide for revocation of such permits; to provide that certain provisions relating to excess coverage in motor vehicle insurance policies shall be void; 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 34 of Title 33 of the Official Code of Georgia Annotated, known as the Georgia Motor Vehicle Accident Reparations Act, is amended by adding immediately following Code Section 33-34-12.1 two new Code sections, to be designated Code Sections 33-34-12.2 and 33-34-12.3, to read as follows: 33-34-12.2. Any court having jurisdiction to try and dispose of traffic offenses shall have jurisdiction to try and dispose of the misdemeanor offenses provided in this chapter. Such jurisdiction shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such offenses. 33-34-12.3. (a) A person whose driver's license has been suspended as a result of a conviction under subsection

Page 1891

(a), (b), or (c) of Code Section 33-34-12 may apply to the department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered to the court adjudicating the offense resulting in the suspension may apply to the department for a restricted driving permit immediately following the conviction. (b) Applications for restricted driving permits shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such permit. All applications shall be signed by the applicant and the applicant's employer before a person authorized to administer oaths. (c) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment and subject to the following conditions: (1) The permittee may operate only a vehicle which is owned or leased by his employer; (2) The permittee may operate the vehicle only during the hours of employment; (3) There is in force a policy of liability insurance covering the driver of the vehicle or the driver of the vehicle is self insured by the employer; and (4) Such other conditions as the department may require. (d) A permit issued pursuant to this Code section shall be issued for a period of 90 days from the effective date of the suspension and shall be nonrenewable. (e) No official or employee of the department shall be criminally or civilly liable or subject to being held in contempt of court for issuing a restricted driving permit in reliance on the truth of the affidavits required by this Code section.

Page 1892

(f) Any permittee who is convicted of violating any provision of this chapter or is convicted of any other traffic offense for which the department may suspend a driver's license or any permittee who is convicted of violating the conditions endorsed on his permit shall have his permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose restricted driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department. The department may impose an additional period of suspension for the conviction upon which revocation of the permit was based. (g) Any person whose permit has been revoked, or who has been refused a permit by the department, may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with said chapter. (h) The commissioner may promulgate such rules and regulations as are necessary to implement this Code section. Section 2 . Said chapter is further amended by striking subsection (e) of Code Section 33-34-3, relating to no-fault insurance policies, generally, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy

Page 1893

other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the operator is an insured shall be afforded by the policy insuring the said operator and any policy under which the owner is an insured shall afford excess coverages. If the policy under which the owner is an insured and which affords excess coverage contains a provision which eliminates such excess coverage based on the existence of coverage provided in the operator's policy, such provision of the owner's policy shall be void. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. MOTOR VEHICLES AND TRAFFICHABITUAL VIOLATORS; PROBATIONARY DRIVERS' LICENSES; DRIVING UNDER THE INFLUENCE; PRESUMPTIONS; DEFINITIONS; MODIFICATIONS OF JUDGMENT OR SENTENCE; PERSONS DRAWING BLOOD. Code Sections 40-1-1, 40-5-58, 40-6-270, 40-6-391, 40-6-392, and 40-13-32 Amended. No. 1455 (House Bill No. 1660). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a habitual violator may be issued a probationary driver's license to attend meetings of organizations for persons who have addiction or abuse problems related to alcohol or other drugs; to provide the extent to which a person must be under the influence of alcohol or drugs while operating a motor vehicle in order to

Page 1894

be in violation of the law; to provide for an exception; to provide for a definition; to provide for evidentiary facts and the use thereof; to provide that, notwithstanding other laws, a motion to change or modify the judgment and sentence may be made and accepted according to Code Section 40-13-32 either before or after expiration of the term at which judgment and sentence were pronounced; to state legislative intent; to provide for showing that certain persons are qualified to draw blood; to provide for the imposition of punishments in municipal courts for certain offenses; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of Code Section 40-1-1, relating to motor vehicle and traffic definitions, and inserting in lieu thereof new paragraphs to read as follows: (1) `Alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (1.1) `Alley' means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. Section 1A . Said title is further amended by striking subparagraph (e)(1)(E) of Code Section 40-5-58, relating to probationary licenses for habitual violators, and inserting in its place a new subparagraph (e)(1)(E) to read as follows: (E) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:

Page 1895

(i) Going to his place of employment or performing the normal duties of his occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he is regularly enrolled as a student; or (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner. Section 2 . Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-391, relating to driving under the influence of drugs or alcohol, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive; or (4) The person's alcohol concentration is 0.12 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug

Page 1896

shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use. Section 3 . Said title is further amended by striking subsections (a) and (b) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) Chemical analysis of the person's blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Georgia Bureau of Investigation is authorized to approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, which shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences; (2) When a person shall undergo a chemical test at the request of a law enforcement officer under Code Section 40-5-55, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that

Page 1897

this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made 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. (b) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.10 grams, such fact shall not give rise to any presumption that the person

Page 1898

was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (3) If there was at that time an alcohol concentration of 0.10 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; (4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.12 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Section 40-6-391. Section 4 . Said title is further amended by adding at the end of Code Section 40-13-32, relating to restrictions on the ability of courts to change or modify traffic sentences or judgments, a new subsection (f) to read as follows: (f) Notwithstanding other laws and specifically notwithstanding Code Section 17-7-93, a motion to change or modify a traffic law sentence or judgment may, at any time prior to the expiration of the term of court following the term at which judgment and sentence were pronounced or within 90 days of the time judgment and sentence were pronounced, whichever time period is greater, be made by the defendant and accepted by the court as provided in this Code section. Section 5 . Said title is further amended by adding at the end of Code Section 40-6-392, relating to chemical tests for alcohol or drugs, a new subsection to read as follows: (d) A certification by the office of the Secretary of State or by the Department of Human Resources that a person

Page 1899

was a licensed or certified physician, physician's assistant, registered nurse, practical nurse, medical technologist, medical laboratory technician, or phlebotomist at the time the blood was drawn shall be admissible into evidence for the purpose of establishing that such person was qualified to draw blood as required by this Code section. Section 6 . Said title is further amended by adding at the end of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, as such Code section was amended by HB 1263 during the 1988 regular session of the General Assembly, a new subsection (d) to read as follows: (d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1900

INSURANCEGEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION; COVERAGE; RESIDENCE; ACCOUNTS; LIABILITY; ASSESSMENTS. Code Title 33, Chapter 38 Amended. No. 1456 (House Bill No. 1671). AN ACT To amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to change the scope and applicability of coverage of such association; to provide that a person may be a resident only of one state for purposes of payments from the association; to provide for coverages of the guaranty association to certain eligible persons; to change certain definitions; to provide for accounts and subaccounts to be maintained for assessment and administrative purposes; to provide for the maximum liability of the association; to provide for assessments; to provide for an offset against premium tax liability; 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 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking Code Section 33-38-2, relating to the application and scope of coverage of the association, in its entirety and inserting in its place a new Code Section 33-38-2 to read as follows: 33-38-2. (a) This chapter shall apply to direct life insurance policies, health insurance policies, contracts supplemental to life and health insurance policies, and annuity contracts issued by persons authorized to transact insurance in this state at any time. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration

Page 1901

contracts, unallocated funding agreements, allocated funding agreements, and any immediate or deferred annuity contracts. (b) Coverage under this chapter shall be provided only: (1) To persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees of the persons covered under paragraph (2) of this subsection; and (2) To persons who are owners of or certificate holders under such policies or contracts or, in the case of unallocated annuity contracts, to the persons who are the contract holders and who: (A) Are residents; or (B) Are not residents, but only under all of the following conditions: (i) The insurers which issued such policies or contracts are domiciled in this state; (ii) Such insurers never held a license or certificate of authority in the states in which such persons reside; (iii) Such states have associations similar to the association created by this article; and (iv) Such persons are not eligible for coverage by such associations. (c) This chapter shall not apply to: (1) That portion or part of a variable life insurance or variable annuity contract not guaranteed by an insurer; (2) That portion or part of any policy or contract under which the risk is borne by the policyholder;

Page 1902

(3) Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which assumption certificates have been issued; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract; (7) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation; or (8) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan. Section 2 . Said chapter is further amended by striking in their entirety paragraphs (1), (12), and (13) of Code Section 33-38-4, relating to definitions affecting the guaranty association, and inserting in their respective places new paragraphs (1), (12), and (13) to read as follows: (1) `Account' means any of the two accounts created under Code Section 33-38-5. (12) `Premiums' means direct gross insurance premiums and annuity considerations received on covered policies, less

Page 1903

return premiums and considerations thereon and dividends paid or credited to policyholders on such direct business. The term `premiums' does not include premiums and considerations on contracts between insurers and reinsurers. The term `premiums' does not include any premiums in excess of $5 million on any unallocated annuity contract. (13) `Resident' means any person who is domiciled in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business. Section 3 . Said chapter is further amended by striking in its entirety subsection (c) of Code Section 33-38-5, relating to the creation of the association and accounts for administration and assessment, and inserting in its place a new subsection (c) to read as follows: (c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account which shall include contracts qualified under Section 403(b) of the United States Internal Revenue Code. Section 4 . Said chapter is further amended by striking in its entirety paragraph (9) of Code Section 33-38-7, relating to the general powers and duties of the association, and inserting in its place a new paragraph (9) to read as follows: (9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity

Page 1904

contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other covered policy, the aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values; and. Section 5 . Said chapter is further amended by striking in its entirety Code Section 33-38-15, relating to assessments against insurers which are members of the association, and inserting in its place a new Code Section 33-38-15 to read as follows: 33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. Assessment shall be due not less than 30 days after prior written notice to the member insurers. (b) There shall be three classes of assessments, as follows: (1) Class A assessments shall be made for the purpose of meeting administrative costs and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; (2) Class B assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent domestic insurer; and (3) Class C assessments shall be made to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an insolvent foreign or alien insurer.

Page 1905

(c) (1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a non-pro rata basis. Such assessments for costs and expenses other than for examinations shall not exceed $50.00 per company in any one calendar year. The amount of any Class B or C assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection (c) of Code Section 33-38-5 in the proportion that the premiums received by the impaired or insolvent insurer on the policies covered by each account or subaccount for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to the premiums received by such insurer for such calendar year on all covered policies. (2) Class C assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies by each account or subaccount for the last calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in this state for such calendar year preceding the assessment. (3) Class B assessments for each account shall be made separately for each state in which the impaired or insolvent domestic insurer was authorized to transact insurance at any time in the proportion that the premiums received on business in such state by the impaired or insolvent insurer on policies covered by such account or subaccount for the last calendar year preceding the assessment in which the impaired or insolvent insurer received premiums bears to such premiums received in all such states for such calendar year by the impaired or insolvent insurer. The assessments against member insurers shall be in the proportion that the premiums received on business in each such state by each assessed member insurer on policies covered by each account or subaccount for the calendar year preceding the assessment bears to such premiums received by all assessed member insurers on business in each state for such calendar year preceding the assessment.

Page 1906

(4) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section. (e) (1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceeding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts

Page 1907

of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that account or subaccount, the amount by which the assets of the account or subaccount exceed the amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve. Section 6 . Said chapter is further amended by adding immediately following Code Section 33-38-21, relating to references to the association in advertisements for insurance, a new Code Section 33-38-22 to read as follows: 33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the

Page 1908

amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. (b) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such insurers to this state in such manner as the state revenue commissioner may require. The association shall notify the Commissioner that such refunds have been made. Section 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. DEPARTMENT OF TRANSPORTATIONCONTRACTS; SITE EXAMINATIONS; SUBSURFACE CONDITIONS. Code Section 32-2-60 Amended. No. 1457 (House Bill No. 1781). AN ACT To amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, so as to provide that persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and make certain determinations; to provide that submission of a bid shall be prima-facie evidence of such examination; to provide that the department does not guarantee

Page 1909

any subsurface conditions; to provide that the department shall not provide additional compensation for certain contract site conditions; to provide for exceptions; to provide for procedures; 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 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the exercise of the power of the Department of Transportation to contract, is amended by striking Code Section 32-2-60, relating to the general authority of the Department of Transportation to contract, and inserting in lieu thereof a new Code Section 32-2-60 to read as follows: 32-2-60. (a) The department shall have the authority to contract as set forth in this article and in Code Section 32-2-2. All department construction contracts shall be in writing. Any contract entered into by the department for the construction of a public road shall include, as a cost of the project, provisions for sowing vegetation, if appropriate, on all banks, fills, cuts, ditches, and other places where soil erosion is likely to result from the necessary incidents to road work along the right of way of the road project. (b) Persons, firms, or corporations submitting bids on department construction contracts are required to examine the site of the proposed work and determine for themselves the anticipated subsurface and latent physical conditions at the site prior to submitting a bid on the project. The submission of a bid shall be prima-facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work. The department does not in any way guarantee the amount or nature of subsurface materials which may be encountered and which must be excavated, graded, or driven through in performing the work on the project. The contractor shall not plead deception or misunderstanding because of variations from quantities of work to be performed or materials to be furnished as shown on the plans or minor variations from the locations or character of the work. Payment will

Page 1910

be made only for actual quantities of work performed in accordance with the plans and specifications. The department shall not provide compensation above the amount bid on such project solely due to the encountering of subsurface or latent physical conditions at the site which are different from those anticipated by the bidder. (c) (1) Notwithstanding the provisions of subsection (b) of this Code section, the department reserves the right to make, at any time during the progress of work, such increases or decreases in quantities and such alterations in the details of construction as necessary or desirable to satisfactorily complete the work. Such increases or decreases shall not invalidate the contract nor release the surety and the contractor agrees to perform the work as altered. (2) Whenever an alteration materially increases or decreases the scope of the work specified in the contract, a supplemental agreement acceptable to both parties shall be made. In the absence of a supplemental agreement acceptable to both parties the department may direct that the work be done either by force account or at existing contract prices. Any force account agreement shall be in writing, specifying the terms of payment signed by the state highway engineer, and agreed to in writing by the contractor. (3) Changes made by the engineer will not be considered to waive any of the provisions of the contract, nor may the contractor make any claim for loss of anticipated profits because of the changes, or by reason of any variation between the approximate quantities and the quantities of work as done. (d) The provisions of subsections (b) and (c) of this Code section shall be applicable only to federal-aid highway contracts. Section 2 . The provisions of this Act shall not be applicable to or affect existing contracts in effect on the effective date of this Act.

Page 1911

Section 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 . No provision of this Act shall prohibit any court of law or equity from reforming a contract or awarding damages based upon a mutual mistake of fact or fraud in the inception of a contract or its performance. Section 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. STATE-WIDE PROBATION ACTPROBATION OR SUSPENSION OF SENTENCE; MAXIMUM DURATION; REVOCATION. Code Section 42-8-34.1 Enacted. No. 1458 (Senate Bill No. 434). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to revise the requirements for imposition of periods of probation or suspension; to provide for a maximum duration of any period of probation or suspension; to provide for revocation of probation and suspension; to provide for procedures connected therewith; 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 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation

Page 1912

Act, is amended by adding immediately following Code Section 42-8-34 a new Code section to read as follows: 42-8-34.1. (a) Notwithstanding any other provision of law, no court may revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged. (b) At any revocation hearing, upon proof that the defendant has violated any provision of probation or suspension other than by commission of a new felony offense or by violating any special provision authorized by this Code section, the court shall not revoke more than six months to be served in a diversion center, probation detention center, shock incarceration unit, county jail or detention center, or other special program or institution provided under this article. Notwithstanding the previous provisions of this subsection, the court may revoke the balance of probation or two years in confinement, whichever is less, for those defendants sentenced under Code Section 42-8-35.1, relating to special alternatives to incarceration. (c) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense or the violation of a special condition imposed pursuant to this Code section, notwithstanding any other provision of law, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime constituting the violation of the probation. (d) The payment of restitution or reparation, costs, or fines ordered by the court may be payable in one lump sum or in periodic payments, as determined by the court after consideration of all the facts and circumstances of the case and of the defendant's ability to pay. Such payments shall, in the discretion of the sentencing judge, be made either to the clerk of the sentencing court or, if the sentencing court is a probate court, state court, or superior court, to the probation office serving said court.

Page 1913

(e) In no event shall an offender be supervised on probation or parole, or both, for more than a total of four years, whether before or after confinement, except upon written order of the court for the purpose of enforcing restitution or fines or for the protection of the victim or class of victims as defined by age or gender or by type of crime committed. 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 14, 1988. DEPARTMENT OF COMMUNITY AFFAIRSSTATE MAPPING AND LAND RECORDS MODERNIZATION ADVISORY BOARD; CREATION. Code Sections 50-8-140 through 50-8-144 Enacted. No. 1459 (Senate Bill No. 437). AN ACT To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to create the State Mapping and Land Records Modernization Advisory Board; to provide for appointment and qualification of members; to provide for vacancies; to provide for expenses; to provide for powers, duties, authority, and functions of the board; to provide for meetings; to provide for certain staff and administrative support; to provide for funding; to provide for termination of the board; to provide for certain automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1914

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by adding at the end thereof a new article, to be designated Article 6, to read as follows: ARTICLE 6 50-8-140. (a) The State Mapping and Land Records Modernization Advisory Board is created and established within the Department of Community Affairs. The board shall be composed of 21 members who have a basic level acquaintance with land information system technology and who shall be appointed by the Governor. (b) The first members of the board shall be appointed for terms as follows: five members shall be appointed for terms of one year each; five members shall be appointed for terms of two years each; five members shall be appointed for terms of three years each; and six members shall be appointed for terms of four years each. As the term of each member expires, his successor shall be appointed for a term of four years, except that each member shall serve until his successor is appointed and qualified. Members shall be eligible for reappointment. (c) (1) One member of the board shall be appointed from each of the following: (A) The Senate; (B) The House of Representatives; (C) The Department of Community Affairs; (D) The Department of Transportation; (E) The Department of Natural Resources; (F) The Department of Revenue;

Page 1915

(G) The Secretary of State; (H) The Area Planning and Development Commissions; (I) The Association County Commissioners of Georgia; (J) The Georgia Association Assessing Officials; (K) The Georgia Municipal Association; (L) The Georgia Superior Court Clerks Association; (M) The Resource Development Conservation Association; (N) The Agricultural Stabilization and Conservation Service; (O) The Georgia Bar Association; (P) The Georgia Chapter of the Urban and Regional Information Systems Association; (Q) The Georgia Planning Association; and (R) The Surveying and Mapping Society of Georgia. (2) Three at-large members shall be appointed, one of whom shall be the chairman of the board. (d) Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified person to fill the unexpired term. (e) Members of the board shall receive no compensation for their services but may be reimbursed for actual expenses incurred in attendance at official board meetings.

Page 1916

50-8-141. The board shall have the following powers, duties, authority, and functions: (1) To study thoroughly various recommendations for a permanent solution to the issues related to land records modernization and the implementation of land information systems for both state and local governments in Georgia. Within one year of its establishment, the board will make recommendations to the Governor and General Assembly concerning the functional, institutional, financial, educational, and legal issues that must be resolved so that Georgia local governments can develop modern land records and land information systems; (2) To provide financial incentives for a limited number of local governments to serve as pilot programs for the modernization of local land records. The pilot programs should include one urban county, one urbanizing county, and at least one rural county in combination with an area planning and development commission. The major product of the pilot programs will be procedural guidelines for the modernization of land records in Georgia; (3) To encourage cost savings due to the coordination of data acquisition and data exchange among the federal government, local governments, area planning and development commissions, the private sector, and various agencies of state government; (4) To sponsor public information and education programs. These programs should include the provision of accurate, unbiased technical information to local governments, the education of new land information system professionals, and the continuing education of current professionals; (6) To develop technical specification and standards for local, area, and state government to use in the collection and distribution of land information; and

Page 1917

(7) To contract with state agencies, federal agencies, local governments, area planning and development commissions, units of the University System of Georgia, as well as private persons and corporations to conduct technical studies and other work. 50-8-142. (a) The board shall meet regularly at the call of the chairman. Eleven members shall constitute a quorum. The board shall adopt such rules and regulations as are necessary and proper to govern its procedure and business. (b) The board will have no permanent staff but may hire temporary staff. The board will be provided administrative support through the Department of Community Affairs. 50-8-143. The funds necessary to carry out the provisions of this article shall come from funds appropriated to the Department of Community Affairs specifically for such purpose. 50-8-144. The board created pursuant to this article shall terminate and shall cease to exist on December 31, 1994. This article shall stand repealed in its entirety on December 31, 1994. 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 14, 1988.

Page 1918

HEALTHEMERGENCY MEDICAL TECHNICIANS AND DESIGNATED FIRST RESPONDERS; AUTOMATIC DEFIBRILLATORS. Code Section 31-11-53.1 Enacted. No. 1460 (Senate Bill No. 462). 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 for definitions; to provide for automatic defibrillator programs; to require that emergency medical technicians and designated first responders meet certain requirements in order to use automatic defibrillators and provide sanctions for violations of those requirements; to provide for conditions and limitations regarding such requirements; 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 adding after Code Section 31-11-53 a new Code section to read as follows: 31-11-53.1. (a) As used in this Code section, the term: (1) `Automatic defibrillator' means a defibrillator which: (A) Is capable of cardiac rhythm analysis; (B) Will charge and deliver a countershock after electrically detecting the presence of cardiac dysrhythmia; (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene; and

Page 1919

(D) Is capable of producing a hard copy of the electrocardiogram. (2) `Defibrillation' means to terminate atrial or ventricular fibrillation. (3) `Designated first responder' means an individual who has successfully completed an appropriate first responder course approved by the department and otherwise meets the eligibility requirements set forth in this chapter. (b) The department shall establish an automatic defibrillator program for use by emergency medical technicians and designated first responders. Such program shall be subject to the direct supervision of a medical advisor approved under Code Section 31-11-50. No emergency medical technician or designated first responder shall be authorized to use an automatic defibrillator to defibrillate a person unless that defibrillator is a properly maintained automatic defibrillator and that emergency medical technician or designated first responder: (1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator; (2) Successfully completes an automatic defibrillator training program established by the department; (3) Is subject to protocols requiring that both the emergency physician which receives a patient defibrillated by that emergency medical technician or designated first responder and the medical advisor for the defibrillator program review the defibrillation of any person by that emergency medical technician or designated first responder and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and

Page 1920

(4) Obtains a passing score on an annual automatic defibrillator proficiency exam given in connection with that program. (c) Any emergency medical technician or designated first responder who violates the provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automatic defibrillator. Such a violation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical technician or designated first responder to perform emergency medical services to take disciplinary action against such person, including but not limited to suspension or revocation of that license or certificate. Such a violation shall also be grounds for the employer of such emergency medical technician or designated first responder to impose any sanction available thereto, including but not limited to dismissal. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1921

BONDSCOUNTIES OF NOT LESS THAN 250,000 NOR MORE THAN 400,000; TIME LIMIT FOR EXPENDITURE OF BOND PROCEEDS AND LETTING CONTRACTS. Code Section 36-82-4.1 Amended. No. 1461 (Senate Bill No. 537). AN ACT To amend Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, so as to provide additional requirements for the expenditure of bond funds and lengthen the amount of time allowed for letting contracts related to projects financed with bond proceeds in counties of this state having a population of not less than 250,000 nor more than 400,000 according to the United States decennial census of 1980 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds, is amended by striking subsection (d) of Code Section 36-82-4.1, relating to letting of construction contracts, which reads as follows: (d) In the counties specified in subsection (a) of this Code section, all contracts for the construction of projects for which the bonds are issued shall be let within 18 months of the sale of such bonds. Should the governing body fail to let the contract as provided in this subsection, the funds allocated in the bond issue for the project or portion of it shall lapse and shall be paid to the sinking fund for the retirement of the bonds issued., and inserting in lieu thereof a new subsection (d) to read as follows: (d) In the counties specified in subsection (a) of this Code section, 90 percent of the net proceeds received from sale of the bonds less

Page 1922

(1) Amounts allocated to the payment of bond issuance expenses; (2) Amounts allocated for purchase of furnishings and equipment; (3) Amounts allocated for contingencies; and (4) Amounts allocated for work to be performed by employees of the issuing entity and materials and equipment therefor shall be obligated for payment pursuant to a contract or contracts within 36 months from the date of issuance and delivery of such bonds. The remaining bond proceeds shall either be obligated pursuant to a contract or contracts or actually expended within 48 months from the date of issuance and delivery of such bonds. Any bond proceeds not expended or obligated within 48 months from the date of issuance and delivery of such bonds shall be paid to the sinking fund for the retirement of the bonds issued. For purposes of this subsection, land which is being acquired through condemnation proceedings shall be considered obligated for payment pursuant to a contract in an amount equal to the sum of moneys deposited with the court pursuant to a special master or other appropriate judicial proceedings. The provisions of this subsection shall apply to all general obligation bonds issued and delivered on or after December 1, 1986. 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 14, 1988.

Page 1923

HEALTHEMERGENCY MEDICAL SERVICES; ADVANCED EMERGENCY MEDICAL TECHNICIAN CHANGED TO PARAMEDIC; APPEALS TO SUPERIOR COURTS; AGE REQUIREMENTS; RECERTIFICATION. Code Title 31, Chapter 11 Amended. Code Section 45-9-81 Amended. No. 1462 (Senate Bill No. 573). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to change certain provisions relating to definitions; to substitute the term paramedic for advanced emergency medical technician everywhere it appears in Chapter 11 of Title 31; to provide in appeals from final decisions of the Department of Human Resources for the right to jury and de novo trials before a superior court; to provide for a supercedeas of the decision of the Department of Human Resources pending appeal; to provide for all related matters; to provide for exceptions; to clarify an age requirement; to change certain recertification requirements; to provide for all matters relative to the foregoing; to amend Code Section 45-9-81, relating to definitions concerning indemnification of law enforcement and other officers, so as to substitute the term paramedic for advanced emergency medical technician; 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 31-11-2, relating to definitions relative to emergency medical services, in its entirety and inserting in lieu thereof a new Code Section 31-11-2 to read as follows: 31-11-2. As used in this chapter, the term: (1) `Ambulance' means a motor vehicle that is specially constructed and equipped and is intended to be

Page 1924

used for the emergency transportation of patients, including dual purpose police patrol cars and funeral coaches or hearses which otherwise comply with the provisions of this chapter. (2) `Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance. (3) `Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources. (4) `Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this state for a wounded, injured, sick, invalid, or incapacitated human being to or from a place where medical or hospital care is furnished. (5) `Cardiac technician' means a person who, having been trained and certified as an emergency medical technician and having completed additional training in advanced cardiac life support techniques in a training course approved by the department, is so certified by the Composite State Board of Medical Examiners. (6) `Composite board' means the Composite State Board of Medical Examiners. (7) `Emergency medical services system' means a system which provides for the arrangement of personnel, facilities, and equipment for the effective and coordinated delivery in an appropriate geographical area of health care services under emergency conditions, occurring either as a result of the patient's condition or as a result of natural disasters or similar situations, and which is administered by a public or nonprofit private entity which has the authority and the resources to provide effective administration of the system.

Page 1925

(8) `Emergency Medical Systems Communications Program' (EMSC Program) means any program established pursuant to Public Law 93-154, entitled the Emergency Medical Services Systems Act of 1973, which serves as a central communications system to coordinate the personnel, facilities, and equipment of an emergency medical services system and which: (A) Utilizes emergency medical telephonic screening; (B) Utilizes a publicized emergency telephone number; and (C) Has direct communication connections and interconnections with the personnel, facilities, and equipment of an emergency medical services system. (9) `Emergency medical technician' means a person who has been certified by the department after having successfully completed an emergency medical care training program approved by the department. (10) `First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. (11) `Health districts' means the geographical districts designated by the department in accord with Code Section 31-3-15. (12) `Invalid car' means a motor vehicle not used for emergency purposes but used only to transport persons who are convalescent, sick, or otherwise nonambulatory. (13) `License' when issued to an ambulance service signifies that its facilities and operations comply with this chapter and the rules and regulations issued by the department hereunder. (14) `License officer' means the commissioner of human resources or his designee.

Page 1926

(15) `Local coordinating entity' means the public or nonprofit private entity designated by the Board of Human Resources or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15. (16) `Paramedic' means any person who has been certified as an advanced emergency medical technician by the composite board before July 1, 1988, or any person who has been certified by that board on or after July 1, 1988, as having been trained in emergency care techniques in a paramedic training course approved by the department, but all such persons shall be designated on and after July 1, 1988, as paramedics. (17) `Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. (18) `Person' means any individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including any governmental agency other than of the United States. (19) `Provisional license' when issued to an ambulance service means a license issued on a conditional basis to allow a newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with this chapter and rules and regulations issued by the department under this chapter. Section 2 . Said chapter is further amended by striking in its entirety Code Section 31-11-36, relating to suspensions or revocations of licenses, and inserting in its place a new Code Section 31-11-36 to read as follows: 31-11-36. (a) Any license issued under this article may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with this article or rules and regulations issued under this article, but only after opportunity for a hearing as provided in Article 1 of Chapter 5 of this title.

Page 1927

(b) Any person who has exhausted all administrative remedies available within the department and who is substantially aggrieved by a final order or final action of the license officer is entitled to judicial review in the manner provided by Article 1 of Chapter 5 of this title and, notwithstanding Code Section 31-5-3, shall be entitled to an appeal to superior court as provided in subsection (c) of this Code section. (c) 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 be automatically stayed upon the filing of such petition unless the commissioner of human resources in his final order certifies that his decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety 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 the manner prescribed by law for the service of process, unless such service of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the `Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from. Section 3 . Said chapter is further amended by striking Code Section 31-11-52, relating to certification and recertification of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-52 to read as follows: 31-11-52. (a) The composite board shall establish procedures and standards for certifying and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:

Page 1928

(1) Submit a completed application on a form to be prescribed by the composite board, which shall include evidence that the applicant is 18 years of age or older and is of good moral character; (2) Submit from the department a notarized statement that the applicant has completed a training course approved by the department; (3) Submit to the composite board a fee as set forth in the regulations of the composite board; and (4) Meet such other requirements as are set forth in the rules and regulations of the composite board. (b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with the composite board and other appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter. Section 4 . Said chapter is further amended by striking Code Section 31-11-54, relating to additional services which may be rendered, and inserting in its place a new Code Section 31-11-54 to read as follows: 31-11-54. (a) Upon certification by the composite board, paramedics may perform any service that a cardiac technician is permitted to perform. In addition, upon the order of a duly licensed physician and subject to the conditions set forth in paragraph (2) of subsection (a) of Code Section 31-11-55, paramedics may perform any other procedures which they have been both trained and certified to perform, including, but not limited to: (1) Administration of parenteral injections of diuretics, anticonvulsants, hypertonic glucose, antihistamines, bronchodilators, emetics, narcotic antagonists, and others;

Page 1929

(2) Cardioversion; and (3) Gastric suction by intubation. (b) While in training preparatory to becoming certified, paramedic trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse. Section 5 . Said chapter is further amended by striking Code Section 31-11-57, relating to revocation of certificates of advanced emergency medical technicians and cardiac technicians, in its entirety and inserting in lieu thereof a new Code Section 31-11-57 to read as follows: 31-11-57. Certificates issued to paramedics and cardiac technicians pursuant to this chapter may be revoked for good cause by the composite board in accordance with established rules and regulations, after notice to the certificate holder of the charges and an opportunity for hearing. Such proceedings shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The composite board shall have the authority to conduct investigations and subpoena any documents relating to the fitness of paramedics and cardiac technicians. Such documents may be used in any hearing conducted by the composite board. Section 6 . Said chapter is further amended by striking Code Section 31-11-58, relating to recertification standards, in its entirety and inserting in lieu thereof a new Code Section 31-11-58 to read as follows: 31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this

Page 1930

subsection other than those authorized by the other subsections of this Code section. (b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this Code section. (c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate authorized that person to render. (d) The continuing education requirements shall be met by annually completing one-fifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both. (e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to

Page 1931

the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter. (f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician. (g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section. Section 7 . Said chapter is further amended by striking Code Section 31-11-59, relating to services of emergency medical technicians and cardiac technicians in hospitals, in its entirety and inserting in lieu thereof a new Code Section 31-11-59 to read as follows: 31-11-59. Emergency medical technicians, paramedics, and cardiac technicians may render any service which they are authorized to render under Code Sections 31-11-53, 31-11-54,

Page 1932

and 31-11-55, respectively, in any hospital. Such services shall not be rendered in lieu of the services of a physician or a registered professional nurse and shall only be rendered in a hospital at the discretion of and after the prior approval by the hospital governing authority on the order of a physician or, if a physician or registered professional nurse is present, at the direction of a physician or registered professional nurse, provided that such hospital has a currently valid permit or conditional permit issued by the department pursuant to Article 1 of Chapter 7 of this title. The provisions of this Code section are cumulative and are not intended to limit the rendering of services by emergency medical technicians, cardiac technicians, and paramedics in any area in which they are already authorized to render such services. Section 8 . Said chapter is further amended by striking Code Section 31-11-60, relating to obtainment and administration of drugs by certified employees of counties and municipalities, in its entirety and inserting in lieu thereof a new Code Section 31-11-60 to read as follows: 31-11-60. (a) Any emergency medical technician, paramedic, or cardiac technician who is certified under this article and who works for a county or municipal police department, fire department, or rescue unit is authorized to obtain any substance which such person is authorized to administer by virtue of his certification. Any such unit to which the emergency medical technician, paramedic, or cardiac technician is attached must be licensed by the department as a medical first responder unit. Such unit may then obtain from a hospital pharmacy those legend drugs listed and legally permitted to be used by paramedics, emergency medical technicians, or cardiac technicians. The first responder unit shall have a signed agreement with the hospital in order for the hospital to furnish such drugs, and a copy of this agreement must be filed with the Georgia Drugs and Narcotics Agency. The requirements for administering, controlling, and storing these drugs shall be the same as the requirements for a standard ward inventory in a hospital. (b) Any substance obtained under subsection (a) of this Code section shall be used only in connection with the emergency medical technician's, paramedic's, or cardiac technician's

Page 1933

employment with the county or municipality, as such, and only while on duty as an emergency medical technician, paramedic, or cardiac technician. (c) It shall not be necessary for an emergency medical technician, paramedic, or cardiac technician to be assigned to a licensed ambulance service in order to obtain any substance under subsection (a) of this Code section. Section 9 . Said chapter is further amended by striking Code Section 31-11-61, relating to penalties, in its entirety, and inserting in lieu thereof a new Code Section 31-11-61 to read as follows: 31-11-61. Any person who shall falsely represent himself to be a certified emergency medical technician, certified cardiac technician, or certified paramedic or who shall accept or continue in employment as such and perform the duties thereof without being certified as prescribed by this chapter shall be guilty of a misdemeanor. Section 10 . Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions concerning indemnification of law enforcement and other officers, is amended by striking subparagraph (A) of paragraph (2) thereof and inserting in its place a new subparagraph to read as follows: (A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and. Section 11 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1934

GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITYPROJECTS; POWERS OF THE DEPARTMENT OF INDUSTRY AND TRADE; LIABILITY; FEES; ASSIGNMENT. Code Section 12-8-101 Amended. Code Sections 12-8-103.1, 12-8-103.2, 12-8-112.1, and 12-8-112.2 Enacted. No. 1463 (Senate Bill No. 597). AN ACT To amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, so as to expand the definition of project; to provide for certain powers and authorities of the Department of Industry and Trade relative to the Georgia Hazardous Waste Management Authority; to limit certain liability of the members and officers and employees of the authority; to provide for intent; to assign the authority to the Office of Planning and Budget; 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 12 of the Official Code of Georgia Annotated, relating to hazardous waste management, is amended by striking paragraph (3) of Code Section 12-8-101, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Project' means one or a combination of two or more of the following: the design, construction, operation, or management of one or more hazardous waste facilities, as that term is defined in Code Section 12-8-62, such facilities to be located in this state. The design, construction, operation, or management of a hazardous waste facility or facilities shall apply to all real property, structures, and facilities of every kind and character necessary or convenient for the efficient operation of a hazardous waste facility or facilities. The construction, operation, and management of a hazardous

Page 1935

waste facility or facilities would be for the purpose of providing a site or sites and a facility or facilities for the safe disposal and control of hazardous waste, as that term is defined in Code Section 12-8-62, consistent with the protection of the health, safety, and welfare of the citizens of this state and of the environment, and for the purpose of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Georgia business, industry, and commerce, within and outside of the state. The term `project' may also include creating the capacity or increasing the capacity of an existing facility so as to provide for the treatment, storage, or disposal of any solid waste which requires or is appropriate for special handling. Section 2 . Said article is further amended by adding between Code Section 12-8-103 and Code Section 12-8-104 the following: 12-8-103.1. The Department of Industry and Trade is authorized to plan, construct, acquire, repair, remodel, maintain, add to, extend, improve, equip, operate, manage, and own a project. The Department of Industry and Trade is authorized to acquire in the name of the state, by purchase, lease, agreement, or condemnation, such land as it may deem necessary or proper for a project. The costs of any such project may be paid from appropriations or from the proceeds of state general obligation or guaranteed revenue debt. The Department of Industry and Trade is authorized to contract with the authority; the State Properties Commission; the Georgia State Financing and Investment Commission; or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project. 12-8-103.2. Except for gross negligence or willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of their responsibilities, shall be subject to any liability resulting from: (1) The design, construction, ownership, maintenance, operation, or management of a project; or

Page 1936

(2) Carrying out any of the discretionary powers or duties expressly provided for in this article. Section 3 . Said article is further amended by adding between Code Section 12-8-112 and Code Section 12-8-113 the following: 12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazardous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treatment, and other methods; and the authority is authorized to charge for the use of its facilities and its services so as to further this policy. 12-8-112.2. The authority is assigned to the Office of Planning and Budget for administrative purposes. The Office of Planning and Budget is authorized to provide such staff and other administrative services as may be needed by the authority. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. GEORGIA ADMINISTRATIVE PROCEDURE ACTCONTESTED CASES; FINDINGS OF FACT; STATEMENTS. Code Section 50-13-17 Amended. No. 1464 (House Bill No. 841). AN ACT To amend Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases,

Page 1937

so as to provide that all findings of fact by agencies shall be accompanied by a concise and explicit statement of underlying facts supporting the findings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 50-13-17 of the Official Code of Georgia Annotated, relating to agency decisions in contested cases, is amended by striking said Code section and inserting in its place a new Code Section 50-13-17 to read as follows: 50-13-17. (a) In contested cases in which the agency has not presided at the reception of the evidence, the agency representative who presided shall initially decide the case or the agency shall require the entire record before the agency representative to be certified to it for initial decision. When the representative makes the initial decision, and in absence of an application to the agency within 30 days from the date of notice of the initial decision for review, or an order by the agency within such time for review on its motion, the initial decision shall, without further proceedings, become the decision of the agency. On review from the initial decision of the representative, the agency shall have all the powers it would have in making the initial decision and, if deemed advisable, the agency may take additional testimony or remand the case to the hearing representative for such purpose. When the agency makes the initial decision without having presided at the reception of evidence, the agency representative shall first recommend a decision, a copy of which shall be sent to each party and which shall be made a part of the record. (b) A final decision or order adverse to a party, other than the agency, in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated, and the effective date of the decision or order. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Each agency shall maintain a properly indexed file of all decisions in contested cases, which file shall be open for public inspection with

Page 1938

the exceptions provided in paragraph (4) of subsection (a) of Code Section 50-13-3. A copy of the decision or order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or to his attorney of record. Nothing in this Code section shall prevent agencies from entering summary decisions or orders for contested cases informally disposed of under paragraph (4) of subsection (a) of Code Section 50-13-13. Moreover, nothing in this Code section shall prevent the parties to a contested case before the Public Service Commission from waiving the requirements of this Code section relating to findings of fact and conclusions of law, nor preclude the commission from adopting a rule or rules prescribing the procedure whereby parties to a contested case before it may waive such requirements. (c) Each agency shall render a final decision in contested cases within 30 days after the close of the record required by Code Section 50-13-13 except that any agency, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of the period, in which event the agency shall render decision at the earliest date practicable. Notwithstanding any other provisions of this law to the contrary, the procedures prescribed by Code Section 46-2-25, relating to procedure for utility rate changes, shall be applicable to and available to any person, firm, or corporation subject to the jurisdiction of the Public Service Commission; and nothing contained herein shall be deemed to abrogate or limit, in any manner, such Code section as it pertains to any rate, charge, classification, or service which may constitute the basis of a contested case, proceeding, hearing, or matter before the Public Service Commission. (d) The Public Service Commission shall not be required to include findings of fact and conclusions of law in its order and decisions in cases in which it presides at the reception of the evidence where no person appears in protest or opposition to the relief or authority sought; provided, however, that such cases shall not include those in which the relief sought is an increase or decrease in the rate or rates of any person subject to its jurisdiction; and provided, further, that, if an aggrieved person files a petition seeking judicial

Page 1939

review pursuant to Code Section 50-13-19 with respect to such an order or decision, the Public Service Commission shall nevertheless prepare such findings of fact and conclusions of law and include the same in the record of the proceedings transmitted to the reviewing court pursuant to subsection (e) of Code Section 50-13-19. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. TRUSTSTRUSTEE POWERS WHICH RENDER A TRUST EXECUTORY; TERMINATION OF IRREVOCABLE EXECUTORY TRUSTS; DISTRIBUTIONS; DIVISIONS; CONSOLIDATIONS; PERSONS WHO MAY CREATE TRUSTS. Code Section 53-12-3 Amended. Code Section 53-12-25 Repealed. No. 1465 (House Bill No. 1151). AN ACT To amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to change certain provisions relating to trustee powers which render a trust executory and termination of irrevocable executory trusts; to authorize distribution of certain trust property; to provide for certain required findings; to provide for court orders for such distribution; to provide for termination of certain trusts and distribution of property by the trustee under certain circumstances; to provide for division or consolidation of certain trusts; to provide for conditions; to provide for applicability; to repeal Code Section 53-12-25, relating to persons who may create trusts and persons for whom trusts may be created; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1940

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by striking Code Section 53-12-3, relating to trustee powers which render a trust executory and termination of irrevocable executory trusts, and inserting in its place a new Code Section 53-12-3 to read as follows: 53-12-3. (a) A trust shall be executory and the legal estate shall remain in the trustee, whether or not the beneficiary or beneficiaries are sui juris and whether or not any remainder interest is created, so long as the trustee has any powers or duties in regard to the trust property, such as to preserve or protect, to manage, to invest or reinvest, to collect income or proceeds, to sell or otherwise dispose of, to ascertain the objects or the beneficiaries, or to distribute income or principal. (b) Except as otherwise provided in this Code section, no such trust which is expressly or impliedly made irrevocable may be revoked or terminated in whole or in part while the trust is executory. (c) No such trust shall be considered to be executed or revocable because the testator or settlor or some other person has a life estate therein and has or retains a general power of appointment over assets in the trust or because a remainder interest therein goes to or vests in the estate of the testator or goes to or vests in the settlor or other person or in the estate of the settlor or other person. (d) If upon petition of the trustee, personal representative of the decedent's estate, or any beneficiary, the court having jurisdiction over such trust, regardless of any spendthrift or similar protective provisions, finds that: (1) The costs of administration of such trust are such that the continuance of the trust, the establishment of the trust if it is to be established, or the distribution

Page 1941

from a probate estate, would defeat or substantially impair the purpose of the trust; (2) The purpose of the trust has been fulfilled or has become illegal or impossible of fulfillment; or (3) Owing to circumstances not known to the grantor, donor, or settlor and not anticipated by such grantor, donor, or settlor, the continuance of the trust would defeat or substantially impair the accomplishment of the purpose of the trust, the court, after due notice to all persons then having an interest in the trust, may order distribution of the trust property. The order shall specify the appropriate share of each beneficiary who is to share in the proceeds of the trust, taking into account the interest of any income beneficiaries and remaindermen, so as to conform as nearly as possible to the intention of the grantor, donor, settlor, or testator. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, `The Georgia Gift to Minors Act.' In addition, the court may make such other orders as it deems proper or necessary to protect the interests of the beneficiaries and of the trustee. (e) Upon petition by a trustee, beneficiary, or any party in interest for good cause shown, the court, after conducting a hearing with notice to all parties in interest, in such manner as the court may direct, may divide a trust into two or more single trusts or consolidate two or more trusts into a single trust, upon such terms and conditions as it deems appropriate. The court shall not approve any such consolidation or division unless such consolidation or division: (1) Is not inconsistent with the intent of the grantor, testator, or donor, with regard to any trust to be consolidated or divided; (2) Would facilitate administration of the trust or trusts; and

Page 1942

(3) Would be in the best interest of all beneficiaries, and not materially impair their respective interests. (f) Subsections (d), (e), (f), and (g) of this Code section shall apply to: (1) All trusts whenever or wherever created or administered; (2) Any inter vivos or testamentary trust; or (3) Any trust created by the same or different instruments or by the same or different persons. (g) Subsections (d), (e), (f), and (g) of this Code section shall not limit the right of the trustee acting in accordance with the applicable provisions of the governing instrument to divide or consolidate trusts. (h) (1) Subsections (a) and (c) of this Code section shall apply to all executory trusts, whether in existence on April 17, 1973, or created thereafter. (2) Subsection (b) of this Code section shall apply to executory trusts created after April 17, 1973. (3) Subsections (d) through (h) of this Code section shall apply to all testamentary or inter vivos trusts, whether in existence on July 1, 1988, or created thereafter. Section 2 . Said chapter is further amended by striking Code Section 53-12-25, relating to persons who may create trusts and persons for whom trusts may be created, which reads as follows: 53-12-25. (a) Trust estates may be created for the benefit of any minor or incompetent person. Any person competent by law to execute a will or deed may, by such instrument duly executed, create a trust for a person of full age whenever in fact the person, on account of mental weakness, intemperate habits, or wasteful and profligate habits, is unfit to be

Page 1943

entrusted with the right and management of property, provided the requirements of the law in all other respects are complied with. When created by deed, the deed shall be recorded where the beneficiary resides, within three months from its execution, and if not so recorded the same shall be null and void. (b) If, at any time, the trust shall cease, the beneficiary shall be possessed legally and fully of the same estate as was held in trust. Any interested person may file any proper proceeding in the superior court of the county in which the trustee resides to have the trust annulled on grounds of cessation of the trust if he so desires. (c) Any person having claims against the beneficiary may avail himself of the law relating to subjecting trust property to debts., and inserting in its place the following: 53-12-25. Reserved. Section 3 . This Act shall become effective on July 1, 1988. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1944

DEPARTMENT OF ADMINISTRATIVE SERVICESADMINISTRATIVE SERVICES FOR LOCAL POLITICAL SUBDIVISIONS; RESERVE FUND FOR NEW EQUIPMENT. Code Section 50-5-15 Amended. Code Section 50-5-17 Enacted. No. 1466 (House Bill No. 1297). AN ACT To amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, so as to change certain provisions relating to the provision of administrative services to local political subdivisions; to provide for a reserve fund to be used for the purchase 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 . Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Administrative Services, is amended by striking Code Section 50-5-15, relating to the provision of administrative services to local political subdivisions, and inserting in its place a new Code Section 50-5-15 to read as follows: 50-5-15. Any other provision of this chapter notwithstanding, the Department of Administrative Services is authorized to provide any administrative service which it normally provides to the various departments, agencies, and institutions of the state under the authority of this chapter to any local political subdivision within the state. The provision of one or more such administrative services to any or all political subdivisions shall be at the sole discretion of the commissioner of administrative services and such services shall only be rendered after a request for such services from the governing body of the local political subdivision.

Page 1945

Section 2 . Said article is further amended by adding at the end thereof a new Code section, to be designated Code Section 50-5-17, to read as follows: 50-5-17. In order to ensure continuity of service from year to year, the Department of Administrative Services is authorized to retain in a reserve fund moneys paid into it from the sale of its surplus equipment and to apply such funds to the purchase of new equipment. 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 14, 1988. CHILDREN AND YOUTHLICENSED CHILD-PLACING AGENCIES; ADOPTIONS FOR SPECIAL NEEDS CHILDREN; PAYMENTS BY DEPARTMENT OF HUMAN RESOURCES. Code Section 49-5-8 Amended. No. 1467 (House Bill No. 1363). AN ACT To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, so as to provide payments to licensed child-placing agencies which arrange adoptions for special needs children who would otherwise remain in foster care at state expense; to limit the amount of such payments; to provide for a licensed child-placing agency to reimburse the state a certain amount when such an adoption disrupts prior to finalization;

Page 1946

to provide an effective date conditioned on the appropriation of funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children and youth, is amended by striking in its entirety paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance after the consumation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could

Page 1947

not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and (G) Providing payment to a licensed child-placing agency which places such child for adoption after the state was otherwise unable to arrange an adoption for such child under the jurisdiction of the department and such child would otherwise remain in foster care at state expense. Payment may only be granted for a special needs child as defined in the rules and regulations of the department. Payment may not exceed $4,000.00 for each such adoption arranged by an agency. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbrused by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided. Section 2 . This Act shall become effective no later than six months after the General Assembly appropriates funds for the implementation of the Act. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1948

MOTOR VEHICLES AND TRAFFICABANDONED MOTOR VEHICLES AND PARTS; DISPOSITION. Code Sections 40-11-20 through 40-11-24 Enacted. No. 1468 (House Bill No. 1471). AN ACT To amend Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, so as to provide for the disposition of motor vehicles and parts which cannot be identified; to provide for proceedings for forfeiting such property; to provide for procedures connected therewith; to provide for the disposition of such property or the proceeds from the sale thereof; 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 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by adding immediately following Article 1 thereof a new Article 2 to read as follows: ARTICLE 2 40-11-20. The following items are declared to be contraband and are subject to forfeiture: (1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and (2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed. 40-11-21. Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local

Page 1949

law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. 40-11-22. The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the property described in the action, commanding him to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs

Page 1950

the state or cannot after due diligence be found within the state or conceals himself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article. 40-11-23. Except as otherwise provided in this article, when property is forfeited under this article, the court may: (1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or (2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county. 40-11-24. Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue shall assign it a new identification number. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1951

STATE-WIDE PROBATION ACTCOUNTIES OF 250,000 OR MORE; COUNTY SYSTEMS TO BECOME PART OF STATE-WIDE PROBATION SYSTEM; FUNDING. Code Section 42-8-43.3 Enacted. No. 1469 (House Bill No. 1476). AN ACT To amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation Act, so as to provide for state participation in the cost of funding certain county probation systems under certain conditions; to provide that county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more according to the United States decennial census of 1980 or any future such census shall become a part of the state-wide probation system on a certain date; to provide that employees of each such county probation system shall, at their option, become employees of the Department of Corrections and be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced; to provide that when an employee of each such county probation system becomes an employee of the Department of Corrections at the same or a greater salary, the change in employment shall not constitute involuntary separation or termination from employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment and that the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system; to provide that leave time accrued by an employee of such county probation system shall not be transferable; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the State-wide Probation

Page 1952

Act, is amended by adding between Code Sections 42-8-43.1 and 42-8-44 a new Code Section 42-8-43.3 to read as follows: 42-8-43.3. (a) This Code section shall apply to county probation systems, including state court adult probation systems, of each county having a population of 250,000 or more according to the United States decennial census of 1980 or any future such census, any provision of Code Section 42-8-43 to the contrary notwithstanding. The department shall participate in the cost of the county probation systems subject to this Code section for fiscal year 1988-89. For said fiscal year, the department shall pay to the governing authority of each county maintaining a county probation system subject to this Code section 10 percent of the annual county probation system budget as of the first day of said fiscal year. The funds necessary to participate in the cost of county probation systems under this subsection shall come from funds appropriated to the department for the purposes of providing state participation in the cost of county probation systems. The payments to counties provided for in this subsection shall be made by, or pursuant to the order of, the department in single lump sum payment for fiscal year 1988-89, with the payment being made by May 1, 1989. As a condition necessary for a county to qualify for department participation in the cost of the county's probation system, the county shall cause to be made an independent audit of the financial affairs and transactions of all funds and activities of the county probation system and agree to be responsible for any discrepancies, obligations, debts, or liabilities of such county probation system which may exist prior to the department's participation in the cost of the county's probation system. As a further condition necessary for a county to qualify for department participation in the cost of the county's probation system, the employees of such county probation systems shall be subject to the supervision, control, and direction of the department. (b) The county probation system of any such county shall become a part of the state-wide probation system provided for by this article effective July 1, 1989, and shall be fully funded from state funds as part of the state-wide probation system beginning with fiscal year 1989-90. The employees of such county probation system, at their option, shall

Page 1953

become employees of the department on the date said county system becomes a part of the state-wide probation system and, on or after said date, said employees shall be subject to the salary schedules and other personnel policies of the department, except that the salaries of such employees shall not be reduced as a result of becoming employees of the department. (c) When an employee of a county probation system becomes an employee of the department pursuant to subsection (b) of this Code section at the same or a greater salary, the change in employment shall not constitute involuntary separation from service or termination of employment within the meaning of any local retirement or pension system of which the employee was a member at the time of such change in employment, and the change in employment shall not entitle the employee to begin receiving any retirement or pension benefit whatsoever under any such local retirement or pension system. (d) No leave time accrued by an employee of a county probation system shall be transferred when the employee becomes a state employee. Any leave time accrued by an employee of such county probation system shall be satisfied as a debt owed to the employee by the county. Section 2 . This Act shall become effective only upon the appropriation of the funds necessary to carry out the provisions of this Act by the General Assembly. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1954

LOCAL GOVERNMENTMULTIYEAR LEASE, PURCHASE, OR LEASE PURCHASE CONTRACTS; CONTRACTS WITH PRIVATE NONPROFIT ORGANIZATIONS; LOCATION OF NEW INDUSTRY. Code Section 36-60-12 Enacted. No. 1470 (House Bill No. 1550). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide for the terms and conditions under which counties or municipalities may enter into multiyear lease, purchase, or lease purchase contracts; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding at the end thereof a new Code section, to be designated Code Section 36-60-12, to read as follows: 36-60-12. (a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality

Page 1955

to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract; (3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality. (b) In addition to the provisions enumerated in subsection (a) of this Code Section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or (2) Any other provision reasonably necessary to protect the interests of the county of municipality. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (e) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a

Page 1956

portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions. Section 2 . The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501(c)(6) of the Internal Revenue Code to utilize such organizations to identify, attract and locate new business and industry into the county or municipality for the purposes of increasing trade, industry, agri-business, commerce and tourism, and the improvement of employment opportunities within the county or municipality, and to otherwise promote the general welfare of the county or municipality. 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 14, 1988.

Page 1957

REVENUE AND TAXATIONTAX SALES; NOTICE; REDEMPTION PERIOD; EXPIRATION. Code Section 48-4-1 and 48-4-20 Amended. No. 1471 (House Bill No. 1674). AN ACT To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to require certain notice for certain sales under tax executions; to provide a date for the expiration of the redemption period for realty sold under tax execution before April 22, 1981; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by striking subsection (a) of Code Section 48-4-1, relating to procedures for sales under tax levies and executions, and inserting in its place a new subsection (a) to read as follows: (a) If the levy is made upon real or personal property, the property shall be advertised and sold as provided for fi. fas. and judicial sales. Sales under tax executions shall be made under the rules governing judicial sales; provided, however, that in addition to such other notice as may be required by law, in any sale under tax execution under this chapter the defendant shall be given ten days' written notice of such sale by registered mail to the last known address as listed in the records of the tax commissioner of said county. Section 2 . Said chapter is further amended by striking subsection (c) of Code Section 48-4-20, relating to authority of counties to buy property sold under tax executions, and inserting in its place a new subsection (c) to read as follows: (c) The 12 months' redemption period allowed under this chapter for the redemption of realty sold under a tax

Page 1958

execution shall begin to run from the date of the sale; provided, however, that the redemption period for any realty sold under a tax execution before April 22, 1981, shall expire on December 31, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. COURTSDEATH PENALTY HABEAS CORPUS CASES; JUDICIAL ASSISTANCE. Code Section 15-1-9.1 Amended. No. 1472 (Senate Bill No. 99). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that a request for judicial assistance may be made in death penalty habeas corpus cases to the president of The Council of Superior Court Judges of Georgia; to provide for the assignment of cases by the president of The Council of Superior Court Judges of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in its entirety subsection (b) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, and inserting in its place a new subsection (b) to read as follows: (b) (1) The chief judge of any court of this state may make a written request for assistance to the chief judge of any other court, a senior judge of the superior court, a retired judge, or a judge emeritus of any court. The

Page 1959

request by the chief judge may be made if one of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges. (2) When a petition for habeas corpus is filed in a case in which the petitioner is under a sentence of death, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. When a request is received, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1960

EDUCATIONINTERLOCAL RISK MANAGEMENT AGENCIES; SOVEREIGN IMMUNITY. Code Sections 20-2-2001, 20-2-2002, 20-2-2005, 20-2-2018, and 20-2-2020 Amended. No. 1473 (Senate Bill No. 438). AN ACT To amend Article 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, so as to change certain definitions and the use of certain terms; to revise the provisions relating to excess insurance; to provide that participation by a board of education in an interlocal risk management agency shall not constitute a waiver of sovereign immunity; 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 29 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to interlocal risk management agencies, is amended by striking Code Section 20-2-2001, relating to definitions regarding interlocal risk management agencies, and inserting in its place a new Code Section 20-2-2001 to read as follows: 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.

Page 1961

(4) `General liability' means any liability for bodily injury, death, or damage to property owned by others or any other liability, except motor vehicle liability, to which a board of education or school system may be subject either directly or by reason of liability arising out of an act, error, or omission of its employee, agent, or officer in the course and scope of employment. (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 risks of general liability, motor vehicle liability, property damage, or any combination of such risks. (6) `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. (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 general 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. (8) `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. Such term shall also include loss on account of property damage to motor vehicles. (9) `Property damage' means loss to which a board of education or school system may be subject by reason

Page 1962

of physical damage or destruction to real or personal property owned or leased by such board of education or school system. (10) `School system' means any county school system or any independent school system of any municipality of this state. Section 2 . Said article is further amended by striking subsection (a) of Code Section 20-2-2002, relating to establishment and membership of certain interlocal risk management agencies, and inserting in its place a new subsection (a) to read as follows: (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 general 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 general 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. Section 3 . Said article is further amended by striking subsection (d) of Code Section 20-2-2005, relating to certain certificates

Page 1963

of authority, and inserting in its place a new subsection (d) to read as follows: (d) 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 general 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 general 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, general liability, and property damage shall generate an annual gross premium of not less than $800,000.00. Section 4 . Said article is further amended by striking Code Section 20-2-2018, relating to certain excess insurance contracts, which read as follows: 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., and inserting in its place a new Code Section 20-2-2018 to read as follows: 20-2-2018. (a) An interlocal risk management agency shall maintain at all times an excess loss funding program acceptable to the Commissioner. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of a fund, any combination of such excess insurance or self-funding, or any other funding program acceptable to the Commissioner.

Page 1964

(b) The excess loss funding program of an agency shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any agency which establishes a fund or funds authorized pursuant to this article. An agency may be permitted to purchase excess insurance: (1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers. Section 5 . Said article is further amended by striking Code Section 20-2-2020, relating to the exercise of certain authority as not constituting the provision of certain liability insurance protection, and inserting in its place a new Code Section 20-2-2020 to read as follows: 20-2-2020. The exercise by a board of education or school system 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. The participation by a board of education or school system as a member of an agency authorized by this chapter shall not constitute the obtaining of liability insurance and no sovereign immunity of a board of education or school system shall be waived on account of such participation. 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 14, 1988.

Page 1965

SOLID WASTE MANAGEMENT ACTSOLID WASTE FROM OUTSIDE THE STATE; ENVIRONMENTAL PROTECTION DIVISION; POWERS; FUNDS; SOLID WASTE MANAGEMENT TRUST FUND; SPECIAL SOLID WASTE. Code Title 12, Chapter 8, Article 2 Amended. No. 1474 (Senate Bill No. 667). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, so as to provide additional legislative intent; to provide amendments to the definitions; to revise the powers and duties of the Board of Natural Resources as to solid waste; to revise the powers and duties of the director of the Environmental Protection Division as to solid waste generally; to permit the Environmental Protection Division to retain and utilize miscellaneous funds; to delete provisions applying to temporary permits; to delete submittal of solid waste management plans; to increase civil penalties for violation of the Act; to establish a Solid Waste Management Trust Fund; to establish provisions for the management of special solid waste; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Solid Waste Management Act, is amended by adding at the end of Code Section 12-8-21, relating to declaration of policy, legislative intent, responsibility of director of Environmental Protection Division for solid waste management program, a new subsection, to be designated subsection (c), to read as follows: (c) It is further intended by the General Assembly that the director of the Environmental Protection Division of the Department of Natural Resources shall, in exercising any authority granted in this article, recognize that the states

Page 1966

which share common borders with Georgia also share the vital natural resources of clean air, clean surface waters, and clean ground waters which flow across those common borders and that, therefore, those bordering states have a mutual interest with Georgia to manage solid wastes in a manner that does not threaten to contaminate the shared natural resources, but that such mutual interest may not exist between Georgia and states which do not share common borders and natural resources with it. Therefore, the director is instructed to be particularly mindful of the need to monitor, inspect, and regulate closely those solid wastes generated from sources located in states not sharing common borders and natural resources with Georgia. Section 2 . Said article is further amended by striking Code Section 12-8-22, relating to definitions, in its entirety and substituting in lieu thereof a new Code Section 12-8-22 to read as follows: 12-8-22. As used in this article, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Contaminant' means any physical, chemical, biological, or radiological substance or matter. (3) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) `Disposal facility' means any facility or location where any treatment, utilization, processing, or deposition of solid waste occurs. (5) `Disposal site' means the location where the final deposition of solid waste occurs. (6) `Generator' means any person in Georgia or in any other state who creates solid waste.

Page 1967

(7) `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, 1988, codified as Appendix VIII to 40 C.F.R. Part 261Identification and Listing of Hazardous Waste. (8) `Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing, and destination of special solid waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (9) `Nuisance' means anything which: (A) Meets that definition of the term as defined by Code Section 41-1-1; and (B) Occurs during or as the result of the handling or disposing of solid waste. (10) `Person' means the State of Georgia or any other state or any agency or institution thereof, and any municipality, political subdivision, public or private corporation, special district empowered to engage in solid waste management activities, individual, partnership, association, or other entity in Georgia or any other state. This term also includes any officer or governing or managing body of any municipality, political subdivision, special district empowered to engage in solid waste management activities, or public or private corporation in Georgia or any other state. This term also includes employees, departments, and agencies of the federal government. (11) `Solid waste' means putrescible and nonputrescible wastes, except water-carried body waste and materials destined for recycling, and shall include garbage, rubbish (paper, cartons, boxes, wood, tree branches, yard trimmings, furniture and appliances, metal, tin cans,

Page 1968

glass, crockery, or dunnage), ashes, street refuse, dead animals, sewage sludges, animal manures, industrial wastes (waste materials generated in industrial operations), residue from incineration, food processing wastes, demolition wastes, abandoned automobiles, dredging wastes, construction wastes, and any other waste material in a solid or semisolid state not otherwise defined in this article. (12) `Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid wastes, or any combination of such activities. (13) `Special solid waste' means any solid waste not otherwise regulated under Article 3 of this chapter, known as the `Georgia Hazardous Waste Management Act,' and regulations promulgated thereunder originating or produced from or by a source or generator not subject to regulation under subsection (g) of Code Section 12-8-27. Section 3 . Said article is further amended by striking Code Section 12-8-23, relating to powers and duties of the board and the director, generally, in its entirety and substituting in lieu thereof a new Code Section 12-8-23 to read as follows: 12-8-23. In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary to provide for the control and management of solid waste to protect the environment and the health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, or may vary by waste characteristics, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations may include, but shall not be limited to, the following:

Page 1969

(A) Rules and regulations governing and controlling the storage, collection, transportation, utilization, processing, or disposal of solid waste. These rules and regulations may include measures to ensure that solid waste management practices are regulated, governed, and controlled in the public interest; (B) Rules and regulations concerning the establishment of permits by rule; (C) Rules and regulations establishing the use of a manifest during the generation and handling of special solid wastes; (D) Rules and regulations governing and controlling the handling and disposal of special solid wastes; (E) Rules and regulations governing and controlling the handling of infectious waste; (F) Rules and regulations establishing criteria and a system of priorities for distribution of any state funds as may be made available through a state grant-in-aid program to assist financially local governmental agencies in the planning, implementing, maintaining, or operating of solid waste handling systems; (G) Rules and regulations establishing procedures and requirements for the use and disposition of solid waste; and (H) Rules and regulations establishing procedures and requirements for the postclosure care for all solid waste disposal sites including but not limited to corrective action of releases, ground-water monitoring, and maintenance of final cover; and (2) Take all necessary steps to ensure the effective enforcement of this article.

Page 1970

Section 4 . Said article is further amended by adding a new Code section immediately following Code Section 12-8-23, to be designated Code Section 12-8-23.1, to read as follows: 12-8-23.1. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations, orders, or permits promulgated or issued hereunder; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to solid waste management practices as he deems advisable and necessary; (3) To issue all permits contemplated by this article, stipulating in each permit the conditions or limitations under which such permit is issued, and to deny, revoke, modify, or amend such permits; (4) To make investigations, analyses, and inspections to determine and ensure compliance with this article, the rules and regulations promulgated hereunder, and any permits or orders which the director may issue; (5) To enter into such contracts as may be required or necessary to effectuate this article or the rules and regulations promulgated under this article; (6) To prepare, develop, amend, modify, submit, implement, and enforce any comprehensive plan or program sufficient to comply with this article or any applicable federal act, or both, for the control, regulation, and monitoring of solid waste management practices in this state; (7) To advise, consult, cooperate, and contract on solid waste management matters with other agencies of this state, political subdivisions thereof, and other designated organizations or entities, and, with the approval of the Governor, to negotiate and enter into agreements

Page 1971

with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities; (8) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with this article and all rules or regulations promulgated hereunder; (9) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative, or civil or criminal proceedings to enforce this article, the rules and regulations promulgated hereunder, or any orders or permits issued hereunder; (10) To accept, receive, administer or disburse grants from public or private sources for the purpose of the proper administration of this article or for the purpose of carrying out any of the duties, powers, or responsibilities hereunder; (11) To grant variances in accordance with this article and the rules and regulations promulgated hereunder, provided that such variances are not inconsistent with any applicable federal act and rules or regulations promulgated thereunder; (12) To require any person who is engaged in the storage, collection, transportation, utilization, processing, or disposal of solid waste subject to the permit by rule provisions of this article to notify the division in writing, within a reasonable number of days which the director shall specify, of the location and general description of such activity and identifying the solid waste handled, and any other information which may be deemed relevant, under such conditions as the director may prescribe; (13) To render technical assistance to state and local agencies and others in the planning and operation of solid waste handling; (14) To develop criteria and a system of priorities for distribution of any state funds as may be available

Page 1972

through a state grant-in-aid program to assist financially local governmental agencies, authorities, and corporations in the planning, implementing, maintaining, or operating of solid waste handling systems; (15) To approve or disapprove projects for which loans or grants are made under any state or federal act to any municipality, county, or agency of the state for the purpose of solid waste handling; and (16) To exercise all incidental powers necessary to carry out the purposes of this article. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as he deems necessary and proper. Section 5 . Said article is further amended by striking Code Section 12-8-27, relating to permits for handling solid waste, in its entirety and substituting in lieu thereof a new Code Section 12-8-27 to read as follows: 12-8-27. (a) No person shall engage in solid waste or special solid waste handling for any solid waste or special solid waste that is to be disposed in a Georgia disposal facility, and no person shall construct or operate a disposal facility or disposal site in Georgia, except those individuals exempted from this article under Code Section 12-8-40 without first obtaining a permit from the director authorizing such activity. (b) The board shall promulgate regulations prescribing the procedure to be followed in applying for such permits and requiring the submission of such plans, specifications, and other information as he deems relevant in connection with the issuance of such permits. (c) If the director determines that such activity will result in any violation of this article or any rule or regulation promulgated pursuant to this article, he shall deny the permit;

Page 1973

otherwise, he shall issue the permit, specifying on the permit the conditions under which such activity shall be conducted. (d) The director may amend, modify, or revoke any permit issued pursuant to this Code section if the owner of the permit is found to be in violation of any of the permit conditions or if the holder of the permit fails to perform such activity in accordance with this article or rules promulgated thereunder. (e) In the event of modification 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. (f) Prior to the issuance of any permit for a disposal facility or disposal site, the director shall require conformation with local zoning or land use ordinances. (g) The director or his designee is authorized to inspect any generator in Georgia to determine whether that generator's solid waste is acceptable for the intended handling or intended disposal facility. The division may require any generator in Georgia to cease offering solid waste for handling or disposal if such solid waste is not acceptable, and the division may prohibit the handling or disposal of such solid waste until waste management procedures acceptable to the division are developed. Said prohibition shall continue in effect until the waste management procedure for handling and disposal are approved in writing by the division. Any generator or handler in Georgia who does not comply with a prohibition made under this subsection shall be in violation of this article. Section 6 . Said article is further amended by striking Code Section 12-8-28, relating to submittal of solid waste management plans to the director by municipalities and counties, which reads as follows: 12-8-28. It shall be the duty of the several municipalities and counties of this state to submit to the director by

Page 1974

January 1, 1975, a solid waste management plan to include, among other things, the projected dates for implementing such plan, which plan must be approved by the department before implementation; provided, however, that plans covering more than one county or municipality or combination thereof may be submitted in lieu of plans for each individual county or municipality. In the event that any such plan is not approved by the director, the director shall order the municipality or county involved to submit an amended plan correcting such plan deficiencies as are noted in the order within a reasonable time to be prescribed in such order., in its entirety and substituting in lieu thereof a new Code Section 12-8-28 to read as follows: 12-8-28. Notwithstanding any other provision of law, the department is authorized to retain all miscellaneous funds generated by the solid waste management area of its Environmental Protection Division for use in the operation and maintenance of that area. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, known as the `Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds. Section 7 . Said article is further amended by striking Code Section 12-8-41, relating to civil penalties, in its entirety and substituting in lieu thereof a new Code Section 12-8-41 to read as follows: 12-8-41. (a) Any person, provided that person is a city or county government located within the boundaries of Georgia, violating any provision of this article or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this article shall be liable to a civil penalty not to exceed $1,000.00 for such violation and to an additional civil penalty not to exceed $500.00 for each day during which such violation

Page 1975

continues. Any person, other than a city or county government located within the boundaries of Georgia, violating any provision of this article or intentionally or negligently failing or refusing to comply with any final or emergency order of the director issued as provided in this article shall be liable to a civil penalty not to exceed $25,000.00 per day for each day during which such violation continues. (b) The director, after a hearing, shall determine whether or not any person has violated any provision of this article or has intentionally or negligently failed or refused to comply with any final or emergency order of the director and may, upon a proper finding, issue an order imposing such civil penalties as are provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Code Sections 12-8-32 and 12-8-33. All penalties and interest recovered by the director, as provided in this Code section, together with the costs thereof shall be paid into the solid waste trust fund. Section 8 . Said article is further amended by adding two new Code sections at the end thereof, to be designated Code Sections 12-8-43 and 12-8-44, to read as follows: 12-8-43. (a) There shall be established the solid waste trust fund. The director shall serve as trustee of the solid waste trust fund. The moneys deposited in such fund pursuant to this Code section, Code Section 12-8-41, and Code Section 12-8-44 and all interest earned by such moneys deposited in such fund may be expended by the director for the following purposes: (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility or a disposal site; (2) To take preventive or corrective actions where the release of contaminant presents an actual or potential threat to human helath or the environment and where

Page 1976

the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to, closure and postclosure care of a disposal facility or disposal site and provisions for providing alternative water supplies; and (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility or facility site, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure. (b) If the director determines that a special solid waste storage, treatment, or disposal facility or disposal site has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit, to the satisfaction of the director, the director may implement the applicable financial responsibility instruments. The proceeds from any applicable financial responsibility instruments shall be deposited in the solid waste trust fund. (c) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director. 12-8-44. (a) Owners and operators of disposal facilities or sites which receive wastes defined as `special solid waste' in paragraph (13) of Code Section 12-8-22 shall, in addition to other applicable provisions of this article pertaining to management of solid waste, meet the following standards with respect to disposal facilities or sites: (1) (A) No special solid waste storage, treatment, or disposal facility or disposal site shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods approved by the director, has been demonstrated to the director to ensure the satisfactory maintenance, operation, closure,

Page 1977

and postclosure care of the facility or site, and any corrective action which may be required as a condition of a permit or order of the director. (B) Postclosure care of a disposal facility or site by the owner or operator thereof must continue for five years after the date of completing closure. (2) Permits issued to owners and operators of facilities which treat, store, or dispose of special solid waste shall be effective for no more than ten years. A shorter period may be specified, if determined by the director to be more protective of human health and the environment. The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this article, including consideration of such factors as the type of waste, sources, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal. (3) Owners and operators of disposal sites receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all wastes received by the facility in accordance with rules and regulations adopted by the board. (b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generator through all other handling, storage, treatment, and disposal. Any person who transports or receives for disposal any special solid waste in Georgia, which is not properly manifested in accordance with the rules and regulations of the board, shall be in violation of this article and shall be subject to all penalties available under this article. (c) All owners and operators of facilities, treating, storing, or disposing of special solid waste generated outside of

Page 1978

Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-43 a fee of $1.00 per ton on all waste received. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director. (d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or facility which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities sources or handlers or prohibits the proper sampling of such special solid wastes as may be generated, shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director. (e) If any state or local law, ordinance or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately. 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 14, 1988.

Page 1979

ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIREDCREATION. Code Title 30, Chapter 6 Enacted. No. 1475 (Senate Bill No. 318). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired; to provide for membership and terms; to provide qualifications; to provide for compensation and expenses; to provide duties and responsibilities; to provide for recommendations and reports; to provide for a director and staff; to provide a termination date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new chapter, to be designated Chapter 6, to read as follows: CHAPTER 6 30-6-1. (a) There is established the Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The commission shall consist of 15 members appointed by the Governor and confirmed by the Senate. Members shall be appointed for terms of two years. State officers or employees may be appointed to the commission unless otherwise prohibited by law; provided, however, that one citizen member shall be appointed from each congressional

Page 1980

district. As a group, the citizen members shall demonstrate knowledge in the areas of problems of the visually impaired and the hearing impaired and, to the extent practicable, shall represent private nonprofit agencies or individual professions which have special expertise or community involvement specifically in such areas. (c) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (d) The initial terms for all members shall begin July 1, 1988. (e) Membership on the commission shall not constitute public office and no member shall be disqualified from holding public office by reason of his membership. (f) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. 30-6-2. Members of the commission shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbusement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from funds appropriated to the Department of Human Resources. 30-6-3. (a) The commission shall: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The

Page 1981

commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Advise governing boards of agencies such as the Board of Human Resources and the State Board of Education regarding rules and regulations for programs affecting the visually impaired and the hearing impaired; (5) Evaluate areas of need among visually impaired and hearing impaired persons in this state; (6) Monitor existing programs for the visually impaired and the hearing impaired to assure maximum benefits and competent administration; (7) Plan, program, and recommend future courses of action for agencies such as the Department of Human Resources and the Department of Education; (8) Provide expertise to agencies such as the Department of Human Resources and the Department of Education regarding administrative decisions in programs for the visually impaired and the hearing impaired; (9) Seek new and increased funding for programs from federal and private sources; (10) Oversee federal funds expenditures and aid in maintaining compliance with regulations governing federal grants; and (11) Report annually to the Board of Human Resources and to the General Assembly regarding the activities of the commission. (b) The commission shall be authorized to appoint a director and such staff as is necessary to carry out the provisions of this chapter. The compensation and expenses of such

Page 1982

director and staff shall be paid from funds of the Department of Human Resources. 30-6-4. The commission may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards which will reduce the problems faced by the visually impaired and the hearing impaired, improve coordination among state agencies that provide services, and improve the condition of visually impaired and hearing impaired persons in this state who are in need of services. 30-6-5. The Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired shall be abolished as of July 1, 1990, at which time this chapter shall stand repealed in its entirety. Section 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988. DEPARTMENT OF PUBLIC SAFETYUNIFORM DIVISION; DUTIES; COLLEGIATE ATHLETIC EVENTS. Code Section 35-2-33 Amended. No. 1476 (Senate Bill No. 417). AN ACT To amend Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, so as to provide that the commissioner of public safety may, and upon the request of the Governor shall, authorize and direct the Uniform Division to provide for transportation, escort, and security services in connection with collegiate athletic events involving an institution

Page 1983

of the University System of Georgia which offers four-year post-secondary degrees and to provide certain services which are necessary to promote the safety of certain collegiate athletic teams and the general public; to provide for personnel of the Uniform Division to be allowed to accompany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state; to provide for reimbursement of the cost of such services to the Department of Public Safety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Code Section 35-2-33 of the Official Code of Georgia Annotated, relating to duties and responsibilities of the Uniform Division of the Department of Public Safety, is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by adding after subsection (b) a new subsection (c) to read as follows: (c) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to: (1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort services, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals; and (2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both; (3) Allow personnel of the Uniform Division, while on duty and in uniform, to accompany collegiate athletic

Page 1984

teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Division while carrying out such duties. 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 14, 1988. EMERGENCY TELEPHONE NUMBER 911 SYSTEMSMAINTENANCE FEES; ENHANCED SYSTEMS. Code Section 46-5-122 Amended. Code Section 46-5-132 Enacted. No. 1477 (House Bill No. 218). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, so as to provide a procedure for levying and collecting maintenance fees for certain enhanced emergency telephone number 911 systems directly from subscribers of telephone service; to provide for definitions; to provide for resolutions; to provide limitations on expenditures of maintenance fees; to place certain duties on certain telephone companies; to provide for a statement of intent; to provide for practices and procedures; to provide for authorization of implementation by local Act or by referendum; to provide

Page 1985

exceptions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the Georgia Emergency Telephone Number `911' Service Act of 1977, is amended by striking Code Section 46-5-122, relating to definitions of terms used in the laws relating to emergency telephone number 911 systems, and inserting in lieu thereof a new Code Section 46-5-122 to read as follows: 46-5-122. As used in this part, the term: (1) `Division' means the Telecommunications Division of the Department of Administrative Services. (2) `Emergency 911 system' means a local telephone exchange service which facilitates the placing of calls by persons in need of emergency systems by dialing the telephone number `911' and under which calls to `911' are answered by public safety answering points established and operated by the county or municipality subscribing to the `911' service. (3) `Enhanced emergency telephone number 911 system' means emergency `911' service that provides the telephone number and location of the calling party to the public safety answering point. (4) `Local government' means any city, county, or political subdivision of Georgia and its agencies. (5) `Maintenance fee' means any yearly, monthly, or other periodic recurring charge or tariff imposed by a telephone company for installation and operation of an enhanced emergency telephone number `911' system which is in addition to any charge or tariff imposed for operation of a basic emergency telephone number `911' system. (6) `Public agency' means the state and any city, county, city and county, municipal corporation, chartered

Page 1986

organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services. (7) `Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, civil defense, poison control, or other emergency services. Section 2 . Said part is further amended by adding at the end thereof a new Code Section 46-5-132 to read as follows: 46-5-132. (a) The governing authority of any local government which operates or which contracts for the operation of an enhanced emergency telephone number `911' system is authorized to adopt a resolution requiring the telephone company providing such service to divide any maintenance fee among the telephone subscribers whose telephones are in the area served by the enhanced emergency telephone number `911' system and bill such subscribers on a pro rata basis for their share of such maintenance fee. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the charges or tariffs as provided in such resolution shall become effective, but such effective date shall be at least 120 days following the date of adoption of such resolution or any amendment to such resolution by the governing authority of the local government. (b) If a resolution is adopted as provided in subsection (a) of this Code section, it shall be the duty of any telephone company providing an enhanced emergency telephone number `911' system to the local government to impose and collect the maintenance fee from telephone subscribers within the area served by such system. The imposition and collection of such fee shall be a condition of doing business in the area served by such system. (c) The maintenance fee collected for the provision of an enhanced emergency telephone number `911' system shall be collected and expended exclusively for the payment of charges for the enhanced emergency telephone number `911'

Page 1987

system. Such maintenance fee shall not be imposed, collected, or expended for any other purpose. (d) This Code section shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffs. (e) (1) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either: (A) implementation of this Code section by such political subdivision is expressly authorized by a local Act of the General Assembly; or (B) a majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such political subdivision, when requested by such local government. The question on the ballot shall be as prescribed by the election superintendent. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a telephone company for the purchase or operation or both of an enhanced emergency telephone number `911' system. (f) The provisions of this Code section shall not apply in any case in which a telephone company notifies the governing authority of a local government that, in view of the existing telephone equipment of the company, the installation of an enhanced emergency telephone number `911' system is not technologically feasible. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1988

PUBLIC SERVICE COMMISSIONTELECOMMUNICATIONS COMPANIES; DEREGULATION; TARIFFS. Code Section 46-2-23 Amended. No. 1478 (House Bill No. 1234). AN ACT To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, so as to authorize the commission, in its discretion, to deregulate or detariff certain services of telecommunications companies subject to the jurisdiction of the commission and which are providing services currently regulated and subject to tariff by the commission in order that such telecommunications companies may respond to the forces of increasing competition; to provide procedures; to provide certain factors for the commission to consider in making a determination on an application for deregulation; to provide an exemption; to provide that no telecommunications company may use current revenues earned or expenses incurred for certain purposes; to provide for rules and regulations; to provide for reports; 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 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Georgia Public Service Commission generally, is amended by striking in its entirety Code Section 46-2-23, relating to the rate-making powers of the Georgia Public Service Commission generally, and inserting in lieu thereof a new Code Section 46-2-23 to read as follows: 46-2-23. (a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction.

Page 1989

(b) As to those telecommunications companies subject to the jurisdiction of the commission, the commission is not required to fix and determine specific rates, tariffs, or charges for the services offered by said telecommunications companies and in lieu thereof may on application of an interested party or on its own motion after public notice and hearing: (1) Totally deregulate a service; (2) Totally eliminate any tariffs on a service; (3) Eliminate tariff rates for a service but retain tariffs for service standards and requirements; or (4) Eliminate tariff rates for a service but require that notice of any rate changes be provided to the commission. (c) In determining what actions, if any, are to be taken on applications under subsection (b) of this Code section, the commission shall conduct hearings at which it shall consider the following factors: (1) The extent to which competing telecommunications services are available from competitive providers in the relevant geographic market; (2) The ability of competitive providers to make functionally equivalent or substitute services readily available; (3) The number and size of competitive providers of service; (4) The overall impact of the proposed regulatory change on the continued availability of existing services at just and reasonable rates; (5) The impact of the proposed regulatory change upon efforts to promote universal availability of basic telecommunications services at affordable rates and to permit telecommunications companies subject to the jurisdiction of the commission to respond to competitive thrusts; and

Page 1990

(6) Such other factors as the commission may determine are in the public interest. (d) Nothing in this Code section shall authorize the application of subsection (b) of this Code section to any service unless functionally equivalent or substitute services are readily available from competitive providers in the relevant geographic market. This finding must be made on the record after public hearing. (e) Any telecommunications service deregulated or detariffed under this Code section may be reregulated or resubjected to tariffing by the commission if the commission finds, through a proceeding initiated on its own or upon application by an interested party, that such reregulation or retariffing is in the public interest. (f) Nothing in this Code section shall be interpreted as requiring the commission to alter, amend, or repeal any rule or regulation which relates to any telecommunications company and which has been adopted by the commission or which is under consideration for adoption by the commission as of the effective date of this Code section. (f.1) No telecommunications company may use current revenues earned or expenses incurred in conjunction with services subject to regulation to subsidize services which are not regulated or tariffed. The commission may adopt procedural rules as necessary to implement this subsection. (g) Nothing in this Code section shall be interpreted as amending, modifying, altering, or repealing Chapter 6 of this title, known as the `Georgia Radio Utility Act.' Section 2 . Beginning one year after deregulation or eliminating tariffs on a service the utility will file within sixty days of such anniversary date with the commission a report showing the rates or tariffs for such service on the effective date of deregulation or detariffing and the rates or tariffs on the anniversary date. Such reports will continue to be filed on an updated basis annually for a period of five years. The commission may prescribe the form and content of such reports. The commission will thereafter as soon as practicable file a summary of the results and

Page 1991

contents of such reports with the Industry Committee of the House and the Public Utilities Committee of the Senate. 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 14, 1988. QUALITY BASIC EDUCATION ACTFULL-TIME EQUIVALENT PROGRAM COUNTS; ANNUAL RECALCULATION OF FUNDING. Code Sections 20-2-160 and 20-2-162 Amended. No. 1479 (House Bill No. 1422). AN ACT To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the Quality Basic Education Act, so as to change the provisions relating to full-time equivalent program counts; to change the provisions relating to the annual recalculation of the amount of funding; 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 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financial calculations under the Quality Basic Education Act, is amended by striking subsections (a) and (b) of Code Section 20-2-160, relating to the determination of enrollment by instructional programs,

Page 1992

in their entirety and substituting in lieu thereof new subsections (a), (b), (c), (d), and (e) to read as follows: (a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1, the second enrollment count after November 1 but prior to January 1, and the final enrollment count after February 15 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term `enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited postsecondary institution may be counted for the high school program for that portion of the day that the student is attending the postsecondary institution;

Page 1993

provided, however, that the student is attending the high school for at least three segments that are eligible to be counted under this subsection and that the student's postsecondary program is approved by the high school principal or the principal's designee. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. (b) The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner: (1) Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and (2) Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program. (c) For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the third full-time equivalent program count shall be calculated as follows: (1) Divide the second total full-time equivalent count for the current fiscal year by the second total full-time equivalent count for the immediately preceding fiscal year; (2) Multiply the quotient obtained in paragraph (1) of this subsection by the third total full-time equivalent count for the immediately preceding fiscal year. The result

Page 1994

shall be the projected third total full-time equivalent count for the current fiscal year; (3) Divide the average of the local school system's three most recent full-time equivalent program counts by the average of the three most recent total full-time equivalent counts; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected third full-time equivalent program count for the current fiscal year. (d) The average of the first two full-time equivalent program counts and the projected third full-time equivalent program count for the current fiscal year shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year. (e) The average of the local school system's three full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Section 2 . Said part is further amended by striking subsection (a) of Code Section 20-2-162, relating to the annual recalculation of the amount of funding, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first two full-time equivalent counts and the projected third full-time equivalent count for the current fiscal year; provided, however, that if the third full-time equivalent count for the current fiscal year is lower than the projected third count, the midterm adjustment

Page 1995

shall be calculated using the average of the three actual full-time equivalent counts for the current fiscal year. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment. Section 3 . This Act shall become effective on July 1, 1989. Section 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 1996

CIVIL PRACTICELIMITATION OF ACTIONS; ASBESTOS ACTIONS; REVIVAL. Code Section 9-3-30.1 Enacted. No. 1480 (Senate Bill No. 649). AN ACT To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide that certain asbestos actions shall be revived; to provide for the extension of the applicable limitation of actions for certain asbestos actions; to provide for statutory construction; to except certain asbestos actions from the limitation; 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 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, is amended by inserting immediately following Code Section 9-3-30 a new Code section to read as follows: 9-3-30.1. (a) Notwithstanding the provisions of Code Section 9-3-30 or any other law, every action against a manufacturer or supplier of asbestos or material containing asbestos brought by or on behalf of any person or entity, public or private; or brought by or on behalf of this state or any agency, department, political subdivision, authority, board, district, or commission of the state; or brought by or on behalf of any municipality, county, or any state or local school board or local school district to recover for: (1) Removal of asbestos or materials containing asbestos from any building owned or used by such entity; (2) Other measures taken to correct or ameliorate any problem related to asbestos in such building; (3) Reimbursement for such removal, correction, or amelioration related to asbestos in such building; or

Page 1997

(4) Any other claim for damage to real property allowed by law relating to asbestos in such building which might otherwise be barred prior to July 1, 1990, as a result of expiration of the applicable period of limitation, is revived or extended. Any action thereon shall be commenced no later than July 1, 1990. (b) The enactment of this Code section shall not be construed to imply that any action against a manufacturer or supplier of asbestos or material containing asbestos is now barred by an existing limitations period. (c) Nothing in this Code section shall be construed to revive, extend, change, or otherwise affect the applicable period of limitation for persons or entities not set forth and provided for in subsection (a) of this Code section. (d) Nothing contained in this Code section shall be construed to have any effect on actions for personal injury or any other claim except as specifically provided in 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 14, 1988.

Page 1998

APPROPRIATIONSS.F.Y. 1988-1989. No. 1482 (House Bill No. 1277). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1988, and ending June 30, 1989; 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, 1988, and ending June 30, 1989, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $6,254,000,000 for State Fiscal Year 1989. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch . Budget Unit: Legislative Branch $ 20,554,894 Personal Services - Staff $ 9,566,914 Personal Services - Elected Officials $ 3,309,287 Regular Operating Expenses $ 2,166,900 Travel - Staff $ 116,800 Travel - Elected Officials $ 6,000 Motor Vehicle Purchases $ 0 Equipment $ 365,000 Computer Charges $ 415,500 Real Estate Rentals $ 63,700 Telecommunications $ 624,000 Per Diem, Fees and Contracts - Staff $ 383,732 Per Diem, Fees and Contracts - Elected Officials $ 2,315,261 Photography $ 68,000 Expense Reimbursement Account $ 1,132,800 Capital Outlay $ 21,000 Total Funds Budgeted $ 20,554,894 State Funds Budgeted $ 20,554,894 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,965,981 $ 3,965,981 Lt. Governor's Office $ 543,772 $ 543,772 Secretary of the Senate's Office $ 995,200 $ 995,200 Total $ 5,504,953 $ 5,504,953 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,114,718 $ 8,114,718 Speaker of the House's Office $ 330,961 $ 330,961 Clerk of the House's Office $ 1,098,710 $ 1,098,710 Total $ 9,544,389 $ 9,544,389

Page 2000

Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,058,843 $ 2,058,843 Legislative Fiscal Office $ 1,526,721 $ 1,526,721 Legislative Budget Office $ 786,990 $ 786,990 Ancillary Activities $ 1,132,998 $ 1,132,998 Total $ 5,505,552 $ 5,505,552 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 space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of 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 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,

Page 2001

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 for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits . Budget Unit: Department of Audits $ 12,495,008 Operations Budget: Personal Services $ 10,381,288 Regular Operating Expenses $ 364,220 Travel $ 857,500 Motor Vehicle Purchases $ 172,500 Equipment $ 24,900 Per Diem, Fees and Contracts $ 25,500 Real Estate Rentals $ 318,000 Computer Charges $ 295,400 Telecommunications $ 55,700 Total Funds Budgeted $ 12,495,008 State Funds Budgeted $ 12,495,008 PART II. JUDICIAL BRANCH Section 3. Supreme Court . Budget Unit: Supreme Court $ 3,779,608 Section 4. Court of Appeals . Budget Unit: Court of Appeals $ 4,364,874 Section 5. Superior Courts . Budget Unit: Superior Courts $ 33,973,431 Operation of the Courts $ 32,248,776 Prosecuting Attorney's Council $ 747,652 Sentence Review Panel $ 119,600 Council of Superior Court Judges $ 73,435 Judicial Administrative Districts $ 768,968 Habeas Corpus Clerk $ 15,000 Section 6. Juvenile Courts . Budget Unit: Juvenile Courts $ 348,408 Section 7. Institute of Continuing Judicial Education . Budget Unit: Institute of Continuing Judicial Education $ 550,368 Institute's Operations $ 425,506 Georgia Magistrate Courts Training Council $ 124,862 Section 8. Judicial Council . Budget Unit: Judicial Council $ 970,663 Council Operations $ 815,088 Payments to Judicial Administrative Districts for Case Counting $ 71,000 Board of Court Reporting $ 28,575 Payment to Council for Magistrate Court Judges $ 26,000 Payment to Council for Probate Court Judges $ 20,000 Payment to Council for State Court Judges $ 10,000 Section 9. Judicial Qualifications Commission . Budget Unit: Judicial Qualifications Commission $ 109,310

Page 2003

PART III. EXECUTIVE BRANCH Section 10. Department of Administrative Services . A. Budget Unit: Department of Administrative Services $ 39,478,287 Administration and Services Budget: Personal Services $ 39,840,411 Regular Operating Expenses $ 8,915,013 Travel $ 252,224 Motor Vehicle Purchases $ 430,100 Equipment $ 4,117,094 Computer Charges $ 8,808,124 Real Estate Rentals $ 3,281,373 Telecommunications $ 882,878 Per Diem, Fees and Contracts $ 421,098 Rents and Maintenance Expense $ 15,966,243 Utilities $ 37,635 Payments to DOAS Fiscal Administration $ 1,957,232 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 0 Telephone Billings $ 32,900,121 Materials for Resale $ 10,650,000 Public Safety Officers Indemnity Fund $ 608,800 Health Planning Review Board Operations $ 50,000 Georgia Golf Hall of Fame Operations $ 30,000 Authorities Liability Reserve Fund $ 0 Grants to Counties $ 2,600,000 Grants to Municipalities $ 4,200,000 Total Funds Budgeted $ 135,948,346 State Funds Budgeted $ 39,478,287

Page 2004

Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 370,250 $ 370,250 Departmental Administration $ 2,375,424 $ 2,375,424 Treasury and Fiscal Administration $ 16,745,674 $ 14,786,448 Central Supply Administration $ 11,066,875 $ 0 Procurement Administration $ 2,529,310 $ 2,529,310 General Services Administration $ 635,631 $ 0 Space Management Administration $ 511,888 $ 511,888 Data Processing Services $ 49,272,487 $ 12,924,967 Motor Vehicle Services $ 3,157,359 $ 0 Communication Services $ 40,211,155 $ 5,850,000 Printing Services $ 5,404,961 $ 130,000 Surplus Property Services $ 1,439,011 $ 0 Mail and Courier Services $ 620,283 $ 0 Risk Management Services $ 1,608,038 $ 0 Total $ 135,948,346 $ 39,478,287

Page 2005

B. Budget Unit: Georgia Building Authority $ 0 Georgia Building Authority Budget: Personal Services $ 18,324,000 Regular Operating Expenses $ 4,729,200 Travel $ 21,100 Motor Vehicle Purchases $ 76,800 Equipment $ 129,700 Computer Charges $ 51,000 Real Estate Rentals $ 10,800 Telecommunications $ 111,100 Per Diem, Fees and Contracts $ 154,000 Capital Outlay $ 0 Utilities $ 8,488,000 Contractual Expense $ 190,000 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 32,285,700 State Funds Budgeted $ 0 Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,922,900 $ 0 Custodial $ 4,737,600 $ 0 Maintenance $ 4,880,800 $ 0 Security $ 4,642,800 $ 0 Van Pool $ 199,100 $ 0 Sales $ 4,343,500 $ 0 Administration $ 10,961,100 $ 0 Railroad Excursions $ 597,900 $ 0 Facility Renovations $ 0 $ 0 Total $ 32,285,700 $ 0

Page 2006

C. Budget Unit: Agency for the Removal of Hazardous Materials $ 250,000 Operations Budget: Personal Services $ 4,500,000 Regular Operating Expenses $ 3,996,000 Travel $ 1,500,000 Motor Vehicle Purchases $ 175,000 Equipment $ 700,000 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 20,000 Per Diem, Fees and Contracts $ 800,000 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 11,691,000 State Funds Budgeted $ 250,000 Section 11. Department of Agriculture . A. Budget Unit: Department of Agriculture $ 31,735,004 State Operations Budget: Personal Services $ 27,363,829 Regular Operating Expenses $ 3,355,998 Travel $ 877,000 Motor Vehicle Purchases $ 513,604 Equipment $ 396,114 Computer Charges $ 317,928 Real Estate Rentals $ 850,963 Telecommunications $ 390,374 Per Diem, Fees and Contracts $ 330,754 Market Bulletin Postage $ 600,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,124,650 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,618,806 Veterinary Fees $ 547,000 Indemnities $ 91,000 Bee Indemnities $ 75,000 Advertising Contract $ 205,000 Payments to Georgia Agrirama Development Authority for Operations $ 458,600 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 75,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 60,000 Tick Control Program $ 50,000 Poultry Indemnities $ 100,000 Total Funds Budgeted $ 40,401,620 State Funds Budgeted $ 31,735,004 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,116,783 $ 3,670,783 Animal Industry $ 6,371,242 $ 5,999,518 Marketing $ 1,640,655 $ 1,601,401 General Field Forces $ 3,260,687 $ 3,260,687 Internal Administration $ 4,219,017 $ 4,141,017 Information and Education $ 1,406,480 $ 1,406,480 Fuel and Measures $ 3,048,293 $ 3,040,293 Consumer Protection Field Forces $ 5,753,640 $ 4,468,350 Meat Inspection $ 4,155,203 $ 1,659,137 Major Markets $ 4,184,389 $ 706,904 Seed Technology $ 364,797 $ 0 Entomology and Pesticides $ 1,880,434 $ 1,780,434 Total $ 40,401,620 $ 31,735,004

Page 2008

B. Budget Unit: Georgia Agrirama Development Authority $ 0 Georgia Agrirama Development Authority Budget: Personal Services $ 489,000 Regular Operating Expenses $ 132,000 Travel $ 5,000 Motor Vehicle Purchases $ 0 Equipment $ 10,000 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 9,000 Per Diem, Fees and Contracts $ 31,000 Capital Outlay $ 0 Goods for Resale $ 78,000 Total Funds Budgeted $ 754,000 State Funds Budgeted $ 0 Section 12. Department of Banking and Finance . Budget Unit: Department of Banking and Finance $ 5,591,588 Administration and Examination Budget: Personal Services $ 4,667,989 Regular Operating Expenses $ 220,511 Travel $ 321,198 Motor Vehicle Purchases $ 0 Equipment $ 24,305 Computer Charges $ 122,402 Real Estate Rentals $ 184,272 Telecommunications $ 48,911 Per Diem, Fees and Contracts $ 2,000 Total Funds Budgeted $ 5,591,588 State Funds Budgeted $ 5,591,588 Section 13. Department of Community Affairs . Budget Unit: Department of Community Affairs $ 7,903,076 State Operations Budget: Personal Services $ 4,702,230 Regular Operating Expenses $ 243,346 Travel $ 177,884 Motor Vehicle Purchases $ 8,200 Equipment $ 24,009 Computer Charges $ 45,615 Real Estate Rentals $ 398,192 Telecommunications $ 62,998 Per Diem, Fees and Contracts $ 108,132 Capital Felony Expenses $ 85,000 Contracts with Area Planning and Development Commissions $ 1,400,000 Local Assistance Grants $ 200,000 Appalachian Regional Commission Assessment $ 99,800 Community Development Block Grants (Federal) $ 30,000,000 Juvenile Justice Grants (Federal) $ 0 Grant - Richmond County $ 0 Special Investment Grant $ 650,000 Payment to Georgia Residential Finance Authority $ 600,000 Payment to Georgia Environmental Facilities Authority for Operations $ 422,990 Total Funds Budgeted $ 39,228,396 State Funds Budgeted $ 7,903,076 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 3,894,952 $ 3,872,452 Technical Assistance $ 1,426,054 $ 1,240,748 Community and Economic Development $ 32,774,169 $ 1,822,701 Intergovernmental Assistance $ 1,133,221 $ 967,175 Total $ 39,228,396 $ 7,903,076

Page 2010

Section 14. Department of Corrections . A. Budget Unit: Administration, Institutions and Probation $ 287,050,849 Personal Services $ 209,401,924 Regular Operating Expenses $ 23,442,382 Travel $ 1,303,125 Motor Vehicle Purchases $ 1,136,000 Equipment $ 3,616,793 Computer Charges $ 789,450 Real Estate Rentals $ 2,920,461 Telecommunications $ 2,237,292 Per Diem, Fees and Contracts $ 1,647,263 Capital Outlay $ 80,000 Utilities $ 9,625,065 Court Costs $ 350,000 County Subsidy $ 11,680,000 County Subsidy for Jails $ 5,500,000 County Workcamp Construction Grants $ 0 Grants for Local Jails $ 0 Central Repair Fund $ 600,000 Payments to Central State Hospital for Meals $ 3,099,945 Payments to Central State Hospital for Utilities $ 1,579,703 Payments to Public Safety for Meals $ 315,196 Inmate Release Fund $ 950,000 Health Services Purchases $ 12,797,923 Payments to MAG for Health Care Certification $ 48,946 University of Georgia - Cooperative Extension Service Contracts $ 289,190 Minor Construction Fund $ 681,400 Authority Lease Rentals $ 200,000 Total Funds Budgeted $ 294,292,058 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 287,050,849

Page 2011

Departmental Functional Budgets Total Funds State Funds Administration $ 36,357,049 $ 35,712,049 Institutions and Support $ 210,272,071 $ 209,111,274 Probation $ 47,662,938 $ 42,227,526 Total $ 294,292,058 $ 287,050,849 B. Budget Unit: Board of Pardons and Paroles $ 19,047,843 Board of Pardons and Paroles Budget: Personal Services $ 15,687,453 Regular Operating Expenses $ 478,284 Travel $ 432,902 Motor Vehicle Purchases $ 124,500 Equipment $ 139,348 Computer Charges $ 123,000 Real Estate Rentals $ 1,072,131 Telecommunications $ 398,875 Per Diem, Fees and Contracts $ 91,350 County Jail Subsidy $ 500,000 Total Funds Budgeted $ 19,047,843 State Funds Budgeted $ 19,047,843 Section 15. Department of Defense . Budget Unit: Department of Defense $ 4,734,565 Operations Budget: Personal Services $ 7,269,131 Regular Operating Expenses $ 3,220,608 Travel $ 66,382 Motor Vehicle Purchases $ 27,200 Equipment $ 50,725 Computer Charges $ 13,830 Real Estate Rentals $ 7,800 Telecommunications $ 77,596 Per Diem, Fees and Contracts $ 183,500 Grants to Locals - Emergency Management Assistance $ 1,050,000 Grants - Others $ 44,100 Georgia Military Institute Grant $ 18,000 Civil Air Patrol Contract $ 42,000 Capital Outlay $ 0 Grants to Armories $ 563,160 Repairs and Renovations $ 325,125 Total Funds Budgeted $ 12,959,157 State Funds Budgeted $ 4,734,565 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 2,283,668 $ 1,179,668 Georgia Emergency Management Agency $ 1,927,471 $ 871,607 Georgia Air National Guard $ 3,260,773 $ 456,688 Georgia Army National Guard $ 5,487,245 $ 2,226,602 Total $ 12,959,157 $ 4,734,565 Section 16. State Board of Education - Department of Education . Budget Unit: Department of Education $2,342,645,140 Operations: Personal Services $ 38,257,881 Regular Operating Expenses $ 4,511,149 Travel $ 1,549,585 Motor Vehicle Purchases $ 80,590 Equipment $ 461,675 Computer Charges $ 8,878,097 Real Estate Rentals $ 2,198,820 Telecommunications $ 703,133 Per Diem, Fees and Contracts $ 16,595,715 Utilities $ 1,007,520 Capital Outlay $ 5,000 QBE Formula Grants: KindergartenGrades 1 - 3 $ 612,236,416 Grades 4 - 8 $ 502,854,873 Grades 9 - 12 $ 253,020,871 High School Laboratories $ 75,173,824 Vocational Education Laboratories $ 82,875,796 Special Education $ 171,399,805 Gifted $ 18,976,960 Remedial Education $ 28,422,940 Staff Development $ 6,221,516 Professional Development $ 15,505,867 Media $ 83,370,542 Indirect Cost $ 446,973,429 Pupil Transportation $ 106,375,602 Isolated Schools $ 992,440 Local Fair Share $ (430,108,768) Other Categorical Grants: Equalization Formula $ 114,111,755 Sparsity Grants $ 1,500,000 In School Suspension $ 0 Special Instructional Assistance $ 1,000,000 Middle School Incentive $ 13,298,790 Special Education Low - Incidence Grants $ 100,000 Non-QBE Grants: Education of Children of Low-Income Families $ 78,364,380 Retirement (H.B. 272 and H.B. 1321) $ 1,950,000 Instructional Services for the Handicapped $ 20,531,560 Tuition for the Multi-Handicapped $ 1,972,000 Severely Emotionally Disturbed $ 30,255,441 School Lunch (Federal) $ 127,921,445 School Lunch (State) $ 22,666,600 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 5,895,946 Regional Education Service Agencies $ 6,137,565 Georgia Learning Resources System $ 2,408,930 High School Program $ 13,983,556 Special Education in State Institutions $ 2,830,345 Governor's Scholarships $ 1,269,600 Special Projects $ 0 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 366,540 Adult Education $ 5,453,680 Salaries and Travel of Public Librarians $ 9,061,589 Public Library Materials $ 4,498,850 Talking Book Centers $ 767,632 Public Library M O $ 3,638,259 Grants to Local School Systems for Educational Purposes $ 78,000,000 Child Care Lunch Program (Federal) $ 16,728,325 Chapter II - Block Grant Flow Through $ 8,702,655 Payment of Federal Funds to Postsecondary Vocational Education $ 10,440,540 Drug Free School (Federal) $ 2,541,012 Innovative Programs $ 670,500 Technology Grants $ 850,000 Limited English - Speaking Students Program $ 1,250,000 Total Funds Budgeted $2,640,793,453 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $2,342,645,140 Education Functional Budgets Total Funds State Funds State Administration $ 3,227,933 $ 2,798,238 Instructional Services $ 16,183,166 $ 9,081,831 Governor's Honors Program $ 874,905 $ 859,515 Administrative Services $ 19,557,995 $ 14,070,520 Standards and Assessment $ 14,481,765 $ 13,863,850 Special Services $ 4,020,148 $ 2,565,953 Professional Standards Commission $ 252,175 $ 252,175 Professional Practices Commission $ 517,293 $ 517,293 Local Programs $2,566,544,288 $2,284,093,980 Georgia Academy for the Blind $ 4,131,040 $ 3,994,540 Georgia School for the Deaf $ 6,575,380 $ 6,419,880 Atlanta Area School for the Deaf $ 4,427,365 $ 4,127,365 Total $2,640,793,453 $2,342,645,140 Section 17. Employees' Retirement System . Budget Unit: Employees' Retirement System $ 0 Employees' Retirement System Budget: Personal Services $ 918,040 Regular Operating Expenses $ 107,560 Travel $ 7,500 Motor Vehicle Purchases $ 0 Equipment $ 5,400 Computer Charges $ 280,000 Real Estate Rentals $ 121,500 Telecommunications $ 27,000 Per Diem, Fees and Contracts $ 657,700 Benefits to Retirees $ 0 Employer Contribution $ 0 Total Funds Budgeted $ 2,124,700 State Funds Budgeted $ 0 Section 18. Forestry Commission . Budget Unit: Forestry Commission $ 31,253,194 State Operations Budget: Personal Services $ 26,069,834 Regular Operating Expenses $ 6,712,733 Travel $ 157,298 Motor Vehicle Purchases $ 1,259,133 Equipment $ 2,335,896 Computer Charges $ 63,805 Real Estate Rentals $ 29,694 Telecommunications $ 806,599 Per Diem, Fees and Contracts $ 490,347 Contractual Research $ 250,000 Payments to the University of Georgia, School of Forestry for Forest Research $ 300,000 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Wood Energy Program $ 28,000 Capital Outlay $ 0 Total Funds Budgeted $ 38,593,339 State Funds Budgeted $ 31,253,194 Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 4,912,753 $ 379,301 Field Services $ 31,245,126 $ 28,445,433 Wood Energy $ 28,000 $ 28,000 General Administration and Support $ 2,407,460 $ 2,400,460 Total $ 38,593,339 $ 31,253,194

Page 2017

Section 19. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation $ 30,385,156 Operations Budget: Personal Services $ 21,716,753 Regular Operating Expenses $ 2,174,674 Travel $ 600,075 Motor Vehicle Purchases $ 466,800 Equipment $ 546,894 Computer Charges $ 1,081,329 Real Estate Rentals $ 1,775,757 Telecommunications $ 1,403,374 Per Diem, Fees and Contracts $ 42,500 Evidence Purchased $ 479,000 Utilities $ 98,000 Capital Outlay $ 0 Total Funds Budgeted $ 30,385,156 Total State Funds Budgeted $ 30,385,156 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 2,979,433 $ 2,979,433 Drug Enforcement $ 6,001,347 $ 6,001,347 Investigative $ 9,807,043 $ 9,807,043 Georgia Crime Information Center $ 5,873,708 $ 5,873,708 Total $ 24,661,531 $ 24,661,531 Forensic Sciences Division Functional Budget Personal Services $ 4,579,432 Regular Operating Expenses $ 497,260 Travel $ 39,000 Motor Vehicle Purchases $ 44,000 Equipment $ 271,940 Computer Charges $ 111,993 Telecommunications $ 117,000 Per Diem, Fees and Contracts $ 23,000 Utilities $ 40,000 Total Funds Budgeted $ 5,723,625 Total State Funds Budgeted $ 5,723,625 Section 20. Georgia Student Finance Commission . Budget Unit: Georgia Student Finance Commission $ 19,426,082 Administration Budget: Personal Services $ 3,596,072 Regular Operating Expenses $ 355,435 Travel $ 57,000 Motor Vehicle Purchases $ 0 Equipment $ 19,395 Computer Charges $ 392,701 Telecommunications $ 125,554 Per Diem, Fees and Contracts $ 18,000 Payment of Interest and Fees $ 307,500 Guaranteed Educational Loans $ 3,810,000 Tuition Equalization Grants $ 12,777,540 Student Incentive Grants $ 5,076,500 Law Enforcement Personnel Dependents' Grants $ 40,000 North Georgia College ROTC Grants $ 112,000 Osteopathic Medical Loans $ 200,000 Georgia Military Scholarship Grants $ 344,000 Paul Douglas Teacher Scholarship Loans $ 550,000 Total Funds Budgeted $ 27,781,697 State Funds Budgeted $ 19,426,082 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 4,564,157 $ 0 Higher Education Assistance Corporation $ 307,500 $ 160,000 Georgia Student Finance Authority $ 22,910,040 $ 19,266,082 Total $ 27,781,697 $ 19,426,082 Section 21. Office of the Governor . Budget Unit: Office of the Governor $ 18,249,457 Personal Services $ 8,521,494 Regular Operating Expenses $ 450,250 Travel $ 186,300 Motor Vehicle Purchases $ 0 Equipment $ 59,734 Computer Charges $ 148,400 Real Estate Rentals $ 643,014 Telecommunications $ 211,480 Per Diem, Fees and Contracts $ 48,734,896 Cost of Operations $ 2,744,586 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 2,500,000 Intern Stipends and Travel $ 158,000 Art Grants of State Funds $ 2,750,000 Art Grants of Non-State Funds $ 345,006 Humanities Grant - State Funds $ 50,000 Art Acquisitions - State Funds $ 40,000 Children's Trust Fund Grants $ 200,000 Children and Youth Grants $ 100,000 Total Funds Budgeted $ 67,883,160 State Funds Budgeted $ 18,249,457 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 5,442,586 $ 5,442,586 Office of Fair Employment Practices $ 791,689 $ 723,476 Office of Planning and Budget $ 4,204,264 $ 4,064,264 Council for the Arts $ 3,774,785 $ 3,236,540 Office of Consumer Affairs $ 1,952,701 $ 1,952,701 State Energy Office $ 47,739,046 $ 322,581 Consumers' Utility Counsel $ 642,710 $ 642,710 Criminal Justice Coordinating Council $ 644,524 $ 398,744 Juvenile Justice Coordinating Council $ 1,405,916 $ 335,916 Vocational Education Advisory Council $ 282,761 $ 127,761 Commission on Children and Youth $ 617,178 $ 617,178 Growth Strategies Commission $ 275,000 $ 275,000 Human Relations Commission $ 110,000 $ 110,000 Total $ 67,883,160 $ 18,249,457 Section 22. Department of Human Resources . A. Budget Unit: Departmental Operations $ 421,871,428 1. General Administration and Support Budget: Personal Services $ 49,887,861 Regular Operating Expenses $ 2,570,702 Travel $ 1,402,804 Motor Vehicle Purchases $ 0 Equipment $ 388,502 Computer Charges $ 2,718,041 Real Estate Rentals $ 5,023,688 Telecommunications $ 1,050,944 Per Diem, Fees and Contracts $ 2,319,905 Utilities $ 293,074 Postage $ 980,568 Capital Outlay $ 0 Institutional Repairs and Maintenance $ 4,000 Payments to DMA - Community Care $ 7,770,680 Service Benefits for Children $ 8,735,050 Special Purpose Contracts $ 236,000 Purchase of Service Contracts $ 35,495,400 Total Funds Budgeted $ 118,877,219 Indirect DOAS Services Funding $ 638,300 State Funds Budgeted $ 51,739,899 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 768,025 $ 768,025 Administrative Appeals $ 1,115,639 $ 1,115,639 Administrative Policy, Coordination, and Direction $ 302,726 $ 302,726 Personnel $ 8,235,540 $ 8,192,785 Indirect Cost $ 0 $ (6,062,815) Facilities Management $ 4,893,766 $ 3,443,234 Public Affairs $ 516,998 $ 516,998 Community/Intergovernmental Affairs $ 502,252 $ 502,252 Budget Administration $ 1,608,108 $ 1,608,108 Financial Services $ 4,980,810 $ 4,780,810 Auditing Services $ 1,969,966 $ 1,969,966 Special Projects $ 516,000 $ 516,000 Office of Children and Youth $ 8,735,050 $ 8,370,359 Planning Councils $ 469,655 $ 132,775 Community Services Block Grant $ 9,341,668 $ 0 Regulatory Services - Program Direction and Support $ 687,260 $ 687,260 Child Care Licensing $ 2,254,896 $ 2,244,896 Laboratory Improvement $ 826,199 $ 483,680 Health Care Facilities Regulation $ 3,441,819 $ 961,967 Compliance Monitoring $ 398,863 $ 398,863 Radiological Health $ 754,192 $ 553,097 Fraud and Abuse $ 5,481,633 $ 257,960 Child Support Recovery $ 19,956,969 $ 2,635,684 Support Services $ 2,874,192 $ 2,661,592 Aging Services $ 36,959,445 $ 13,467,490 State Health Planning and Development Agency $ 1,285,548 $ 1,230,548 Total $ 118,877,219 $ 51,739,899 2. Public Health Budget: Personal Services $ 41,166,317 Regular Operating Expenses $ 53,446,733 Travel $ 1,195,678 Motor Vehicle Purchases $ 0 Equipment $ 403,666 Computer Charges $ 620,183 Real Estate Rentals $ 758,585 Telecommunications $ 641,331 Per Diem, Fees and Contracts $ 3,340,858 Utilities $ 0 Postage $ 89,898 Crippled Children Clinics $ 623,632 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Midwifery Program Benefits $ 2,068,464 Crippled Children Benefits $ 7,456,223 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,650,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,050,421 Family Planning Benefits $ 302,000 Grant-In-Aid to Counties $ 59,989,894 Purchase of Service Contracts $ 10,256,055 Special Purpose Contracts $ 6,360,000 Total Funds Budgeted $ 202,811,733 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 119,656,346 Public Health Functional Budgets Total Funds State Funds Director's Office $ 736,488 $ 539,263 Employees' Health $ 334,799 $ 294,799 Health Program Management $ 1,210,134 $ 1,125,134 Vital Records $ 1,676,234 $ 1,577,001 Health Services Research $ 662,918 $ 440,100 Primary Health Care $ 767,633 $ 739,401 Stroke and Heart Attack Prevention $ 1,964,504 $ 1,434,504 Epidemiology $ 1,819,078 $ 786,431 Immunization $ 461,841 $ 0 Sexually Transmitted Diseases $ 1,518,042 $ 257,066 Community Tuberculosis Center $ 1,263,151 $ 1,263,151 Family Health Management $ 11,185,040 $ 5,424,493 Infant and Child Health $ 9,397,027 $ 8,789,777 Maternal Health - Perinatal $ 186,887 $ 0 Family Planning $ 10,384,299 $ 5,660,849 Malnutrition $ 54,861,649 $ 0 Dental Health $ 1,676,289 $ 1,466,114 Children's Medical Services $ 11,767,750 $ 9,555,807 Chronic Disease $ 1,354,564 $ 1,354,564 Diabetes $ 639,206 $ 639,206 Cancer Control $ 3,595,345 $ 3,595,345 Environmental Health $ 950,435 $ 411,663 Laboratory Services $ 4,793,677 $ 4,673,677 Emergency Health $ 2,651,072 $ 1,590,572 District Health Administration $ 9,656,534 $ 9,526,859 Newborn Follow-Up Care $ 2,870,707 $ 1,428,711 Sickle Cell, Vision and Hearing $ 1,332,326 $ 1,332,326 High-Risk Pregnant Women and Infants $ 6,594,224 $ 6,594,224 Grant in Aid to Counties $ 50,626,039 $ 45,772,629 Community Health Management $ 3,072,305 $ 2,289,186 Community Care $ 2,801,536 $ 1,093,494 Total $ 202,811,733 $ 119,656,346 3. Rehabilitation Services Budget: Personal Services $ 60,377,673 Regular Operating Expenses $ 8,981,656 Travel $ 801,663 Motor Vehicle Purchases $ 264,500 Equipment $ 433,914 Computer Charges $ 1,673,520 Real Estate Rentals $ 2,676,949 Telecommunications $ 1,402,301 Per Diem, Fees and Contracts $ 4,257,190 Utilities $ 943,324 Capital Outlay $ 0 Postage $ 335,300 Institutional Repairs and Maintenance $ 68,700 Case Services $ 15,634,998 E.S.R.P. Case Services $ 50,000 Special Purpose Contracts $ 509,100 Purchase of Services Contracts $ 6,194,606 Total Funds Budgeted $ 104,605,394 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,271,610

Page 2026

Rehabilitation Services Functional Budgets Total Funds State Funds Program Direction and Support $ 3,789,518 $ 1,307,073 Grants Management $ 676,442 $ 547,225 State Rehabilitation Facilities $ 7,868,946 $ 1,404,872 Roosevelt Warm Springs Institute $ 16,588,654 $ 4,036,796 Georgia Factory for the Blind $ 11,901,287 $ 588,884 Disability Adjudication $ 21,891,189 $ 0 Production Workshop $ 953,346 $ 0 District Field Services $ 33,741,595 $ 7,005,620 Independent Living $ 470,764 $ 270,764 Sheltered Employment $ 1,193,497 $ 580,220 Community Facilities $ 5,120,256 $ 5,120,256 Bobby Dodd Workshop $ 409,900 $ 409,900 Total $ 104,605,394 $ 21,271,610 4. Family and Children Services Budget: Personal Services $ 13,600,590 Regular Operating Expenses $ 1,396,440 Travel $ 397,600 Motor Vehicle Purchases $ 10,400 Equipment $ 73,975 Computer Charges $ 14,742,609 Real Estate Rentals $ 216,243 Telecommunications $ 902,500 Per Diem, Fees and Contracts $ 5,236,950 Utilities $ 9,100 Postage $ 1,327,725 Cash Benefits $ 286,454,599 Grants to County DFACS - Operations $ 171,845,003 Service Benefits for Children $ 45,707,516 Special Purpose Contracts $ 3,416,730 Purchase of Service Contracts $ 2,171,300 Total Funds Budgeted $ 547,509,280 Indirect DOAS Services Funding $ 2,339,882 State Funds Budgeted $ 229,203,573 Family and Children Services Functional Budgets Total Funds State Funds Refugee Benefits $ 1,328,582 $ 0 AFDC Payments $ 273,001,859 $ 100,888,261 SSI - Supplemental Benefits $ 100 $ 100 Energy Benefits $ 12,978,058 $ 0 County DFACS Operations - Social Services $ 46,641,446 $ 24,469,748 County DFACS Operations - Eligibility $ 73,837,398 $ 36,918,699 County DFACS Operations - Joint and Administration $ 43,243,813 $ 21,684,401 County DFACS Operations - Homemakers Services $ 6,469,377 $ 5,887,977 Food Stamp Issuance $ 2,427,000 $ 0 Director's Office $ 858,206 $ 858,206 Administrative Support $ 3,895,824 $ 3,226,436 Regional Administration $ 3,708,240 $ 3,708,240 Public Assistance $ 5,373,950 $ 2,155,050 Management Information Systems $ 17,323,170 7,155,713 Social Services $ 2,143,721 $ 2,143,721 Indirect Cost $ 0 $ (8,695,462) Employability Benefits $ 2,318,389 $ 1,310,631 Legal Services $ 1,525,000 $ 1,300,000 Family Foster Care $ 19,614,332 $ 12,890,921 Institutional Foster Care $ 1,939,720 $ 1,469,164 Specialized Foster Care $ 578,500 $ 369,755 Adoption Supplement $ 3,293,375 $ 2,707,472 Day Care $ 18,365,300 $ 3,548,148 Home Management - Contracts $ 154,200 $ 53,016 Outreach - Contracts $ 757,600 $ 254,436 Special Projects $ 1,089,030 $ 1,072,630 Program Support $ 2,855,121 $ 2,690,121 County DFACS Operations - Employability Program $ 1,787,969 $ 1,136,189 Total $ 547,509,280 $ 229,203,573

Page 2029

Budget Unit Object Classes : Personal Services $ 165,032,441 Regular Operating Expenses $ 66,395,531 Travel $ 3,797,745 Motor Vehicle Purchases $ 274,900 Equipment $ 1,300,057 Computer Charges $ 19,754,353 Real Estate Rentals $ 8,675,465 Telecommunications $ 3,997,076 Per Diem, Fees and Contracts $ 15,154,903 Utilities $ 1,245,498 Postage $ 2,733,491 Capital Outlay $ 0 Grants for Regional Intensive Infant Care $ 4,936,795 Grants for Regional Maternal and Infant Care $ 2,055,000 Crippled Children Benefits $ 7,456,223 Crippled Children Clinics $ 623,632 Kidney Disease Benefits $ 400,000 Cancer Control Benefits $ 2,650,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 4,050,421 Family Planning Benefits $ 302,000 Midwifery Program Benefits $ 2,068,464 Grant-In-Aid to Counties $ 59,989,894 Payments to DMA-Community Care $ 7,770,680 Service Benefits for Children $ 54,442,566 Case Services $ 15,634,998 E.S.R.P. Case Services $ 50,000 Cash Benefits $ 286,454,599 Grants for County DFACS - Operations $ 171,845,003 Institutional Repairs and Maintenance $ 72,700 Special Purpose Contracts $ 10,521,830 Purchase of Service Contracts $ 54,117,361 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions $ 433,834,253 Departmental Operations: Personal Services $ 347,124,754 Regular Operating Expenses $ 31,619,346 Travel $ 988,400 Motor Vehicle Purchases $ 893,327 Equipment $ 3,514,500 Computer Charges $ 4,081,095 Real Estate Rentals $ 783,859 Telecommunications $ 2,801,895 Per Diem, Fees and Contracts $ 5,567,540 Utilities $ 14,835,800 Capital Outlay $ 0 Authority Lease Rentals $ 748,468 Institutional Repairs and Maintenance $ 2,285,200 Grants to County-Owned Detention Centers $ 1,947,640 Substance Abuse Community Services $ 27,846,683 Mental Retardation Community Services $ 82,439,490 Mental Health Community Services $ 11,249,476 Community Mental Health Center Services $ 40,835,638 Special Purpose Contract $ 1,356,660 Service Benefits for Children $ 2,090,048 Purchase of Service Contracts $ 496,000 Total Funds Budgeted $ 583,505,819 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 433,834,253 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 34,803,649 $ 23,062,196 Georgia Retardation Center $ 29,299,412 $ 14,046,422 Georgia Mental Health Institute $ 24,433,167 $ 21,937,508 Georgia Regional Hospital at Augusta $ 19,895,027 $ 16,926,629 Northwest Regional Hospital at Rome $ 25,582,499 $ 18,646,692 Georgia Regional Hospital at Atlanta $ 27,758,639 $ 21,790,643 Central State Hospital $ 116,981,434 $ 78,984,381 Georgia Regional Hospital at Savannah $ 22,540,202 $ 19,755,368 Gracewood State School and Hospital $ 43,140,987 $ 23,513,445 West Central Georgia Regional Hospital $ 19,612,709 $ 15,055,601 Outdoor Therapeutic Program $ 1,852,062 $ 1,699,782 Mental Health Community Assistance $ 8,329,121 $ 8,329,121 Mental Retardation Community Assistance $ 3,325,935 $ 2,423,917 Day Care Centers for Mentally Retarded $ 63,496,771 $ 35,938,771 Supportive Living $ 10,938,626 $ 10,175,703 Georgia State Foster Grandparents/Senior Companion Program $ 590,729 $ 576,483 Project Rescue $ 395,655 $ 232,655 Drug Abuse Contracts $ 1,129,155 $ 1,129,155 Community Mental Health Center Services $ 40,835,638 $ 33,965,888 Project ARC $ 367,205 $ 367,205 Metro Drug Abuse Centers $ 1,663,818 $ 1,413,818 Group Homes for Autistic Children $ 269,360 $ 269,360 Project Friendship $ 310,850 $ 310,850 Community Mental Retardation Staff $ 3,215,114 $ 3,215,114 Community Mental Retardation Residential Services $ 14,358,170 $ 14,358,170 Contract with Clayton County Board of Education for Autistic Children $ 74,630 $ 74,630 MH/MR/SA Administration $ 7,961,431 $ 6,511,582 Regional Youth Development Centers $ 16,649,139 $ 16,257,139 Milledgeville State YDC $ 9,440,549 $ 9,055,138 Augusta State YDC $ 6,314,080 $ 6,243,345 Atlanta State YDC $ 3,453,231 $ 3,337,117 Macon State YDC $ 3,575,926 $ 3,464,526 Court Services $ 10,451,444 $ 10,451,444 Community Treatment Centers $ 2,457,247 $ 2,457,247 Day Centers $ 908,649 $ 908,649 Group Homes $ 646,740 $ 646,740 Purchased Services $ 3,446,452 $ 3,346,452 Runaway Investigation/Interstate Compact $ 667,679 $ 667,679 Assessment and Classification $ 391,180 $ 391,180 Youth Services Administration $ 1,941,508 $ 1,896,508 Total $ 583,505,819 $ 433,834,253 Section 23. Department of Industry and Trade . Budget Unit: Department of Industry and Trade $ 17,659,986 State Operations Budget: Personal Services $ 6,681,308 Regular Operating Expenses $ 1,652,369 Travel $ 349,445 Motor Vehicle Purchases $ 68,500 Equipment $ 191,755 Computer Charges $ 125,025 Real Estate Rentals $ 607,140 Telecommunications $ 207,860 Per Diem, Fees and Contracts $ 265,400 Local Welcome Center Contracts $ 230,000 Advertising and Cooperative Advertising $ 5,401,184 Georgia Ports Authority Authority Lease Rentals $ 2,745,000 Historic Chattahoochee Commission Contract $ 80,000 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 $ 0 Total Funds Budgeted $ 18,792,986 State Funds Budgeted $ 17,659,986 Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 5,885,286 $ 5,075,286 Economic Development $ 4,799,643 $ 4,616,643 Tourism $ 8,108,057 $ 7,968,057 Total $ 18,792,986 $ 17,659,986 Section 24. Department of Insurance Budget Unit: Office of Insurance Commissioner $ 9,681,342 Operations Budget: Personal Services $ 8,920,817 Regular Operating Expenses $ 546,750 Travel $ 309,000 Motor Vehicle Purchases $ 47,500 Equipment $ 50,670 Computer Charges $ 206,771 Real Estate Rentals $ 525,759 Telecommunications $ 205,021 Per Diem, Fees and Contracts $ 35,500 Total Funds Budgeted $ 10,847,788 State Funds Budgeted $ 9,681,342 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 1,503,059 $ 1,503,059 Insurance Regulation $ 2,411,587 $ 2,305,602 Industrial Loans Regulation $ 563,297 $ 563,297 Information and Enforcement $ 1,759,027 $ 1,759,027 Fire Safety and Mobile Home Regulations $ 4,610,818 $ 3,550,357 Total $ 10,847,788 $ 9,681,342 Section 25. Department of Labor . Budget Unit: Department of Labor $ 5,926,599 State Operations: Personal Services $ 54,875,137 Regular Operating Expenses $ 6,163,100 Travel $ 830,000 Motor Vehicle Purchases $ 11,000 Equipment $ 455,000 Computer Charges $ 5,645,000 Real Estate Rentals $ 1,259,300 Telecommunications $ 1,355,900 Per Diem, Fees and Contracts (JTPA) $ 60,580,000 Per Diem, Fees and Contracts $ 381,500 W.I.N. Grants $ 0 Payments to State Treasury $ 400,000 Capital Outlay $ 1,000,000 Total Funds Budgeted $ 132,955,937 State Funds Budgeted $ 5,926,599 Department of Labor Functional Budgets Total Funds State Funds Executive Offices $ 2,756,377 $ 568,166 Administrative Services $ 15,988,853 $ 1,257,109 Employment and Training Services $ 114,210,707 $ 4,101,324 Total $ 132,955,937 $ 5,926,599

Page 2036

Section 26. Department of Law . Budget Unit: Department of Law $ 7,796,782 Attorney General's Office Budget: Personal Services $ 6,910,854 Regular Operating Expenses $ 388,702 Travel $ 128,000 Motor Vehicle Purchases $ 0 Equipment $ 27,480 Computer Charges $ 229,946 Real Estate Rentals $ 411,800 Telecommunications $ 80,000 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 110,000 Total Funds Budgeted $ 8,346,782 State Funds Budgeted $ 7,796,782 Section 27. Department of Medical Assistance . Budget Unit: Medicaid Services $ 401,248,343 Departmental Operations Budget: Personal Services $ 10,484,630 Regular Operating Expenses $ 489,000 Travel $ 189,900 Motor Vehicle Purchases $ 0 Equipment $ 43,536 Computer Charges $ 10,601,654 Real Estate Rentals $ 925,973 Telecommunications $ 343,642 Per Diem, Fees and Contracts $ 16,286,550 Medicaid Benefits, Penalties and Disallowances $ 1,148,134,086 Payments to Counties for Mental Health $ 25,170,529 Audit Contracts $ 772,500 Total Funds Budgeted $ 1,213,442,000 State Funds Budgeted $ 401,248,343 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,349,062 $ 561,404 Program Management $ 20,058,578 $ 2,583,496 Systems Management $ 12,778,064 $ 3,410,204 Administration $ 2,322,765 $ 305,251 Program Integrity $ 3,628,916 $ 1,552,759 Benefits, Penalties and Disallowances $1,173,304,615 $ 392,835,229 Total $1,213,442,000 $ 401,248,343 Section 28. Merit System of Personnel Administration . Budget Unit: Merit System of Personnel Administration $ 26,203,865 Departmental Operations Budget: Personal Services $ 6,461,105 Regular Operating Expenses $ 930,050 Travel $ 71,000 Equipment $ 73,190 Computer Charges $ 2,183,608 Real Estate Rentals $ 754,119 Telecommunications $ 81,150 Per Diem, Fees and Contracts $ 36,319,910 Health Insurance Payments $ 394,787,556 Total Funds Budgeted $ 441,661,688 Agency Assessments $ 8,319,744 Employee and Employer Contributions $ 407,083,079 Deferred Compensation $ 55,000 State Funds $ 26,203,865 Merit System Functional Budgets Total Funds State Funds Applicant Services $ 2,267,518 $ 0 Classification and Compensation $ 1,013,049 $ 0 Program Evaluation and Audit $ 910,925 $ 0 Employee Training and Development $ 1,272,417 $ 0 Health Insurance Administration $ 10,743,898 $ 0 Health Insurance Claims $ 422,205,046 $ 26,203,865 Internal Administration $ 1,775,482 $ 0 Commissioner's Office $ 1,473,353 $ 0 Total $ 441,661,688 $ 26,203,865 Section 29. Department of Natural Resources . A. Budget Unit: Department of Natural Resources $ 69,978,120 Operations Budget: Personal Services $ 50,004,717 Regular Operating Expenses $ 10,221,616 Travel $ 500,450 Motor Vehicle Purchases $ 1,488,794 Equipment $ 1,636,715 Computer Charges $ 616,120 Real Estate Rentals $ 1,706,138 Telecommunications $ 1,286,814 Per Diem, Fees and Contracts $ 1,441,968 Land and Water Conservation Grants $ 900,000 Recreation Grants $ 500,000 Contract with U. S. Geological Survey for Ground Water Resources Survey $ 300,000 Contract with U.S. Geological Survey for Topographic Maps $ 125,000 Capital Outlay - Repairs and Maintenance $ 1,978,900 Capital Outlay - Shop Stock - Parks $ 350,000 Capital Outlay-Heritage Trust $ 211,500 Authority Lease Rentals $ 1,189,000 Cost of Material for Resale $ 1,642,380 Payments to Lake Lanier Islands Development Authority $ 1,600,000 Contract - Special Olympics, Inc. $ 206,000 Georgia Sports Hall of Fame $ 50,000 Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition $ 485,000 Capital Outlay - User Fee Enhancements - Parks $ 766,665 Capital Outlay - Buoy Maintenance $ 20,000 Capital Outlay - Consolidated Maintenance - Game and Fish $ 347,831 Technical Assistance Contract $ 125,000 Capital Outlay $ 724,620 Contract - Georgia Rural Water Association $ 10,000 Contract - Corps of Engineers (Cold Water Creek St. Park) $ 149,405 Advertising and Promotion $ 150,000 Payments to Georgia Agricultural Exposition Authority $ 1,170,527 Historic Preservation Grant $ 275,000 Environmental Facilities Grant $ 7,000,000 Georgia Boxing Commission $ 7,000 Lanier Regional Committee $ 13,000 Paving at State Parks and Historic Sites $ 500,000 Total Funds Budgeted $ 89,700,160 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 $ 69,978,120 Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 7,489,696 $ 7,120,946 Game and Fish $ 24,855,209 $ 21,426,966 Parks, Recreation and Historic Sites $ 31,119,089 $ 18,851,126 Environmental Protection $ 24,644,938 $ 21,066,854 Coastal Resources $ 1,591,228 $ 1,512,228 Total $ 89,700,160 $ 69,978,120 B. Budget Unit: Authorities $ 0 Operations Budget: Personal Services $ 1,646,987 Regular Operating Expenses $ 552,200 Travel $ 54,400 Motor Vehicle Purchases $ 69,000 Equipment $ 263,690 Computer Charges $ 4,000 Real Estate Rentals $ 10,200 Telecommunications $ 50,650 Per Diem, Fees and Contracts $ 119,400 Capital Outlay $ 0 Total Funds Budgeted $ 2,770,527 State Funds Budgeted $ 0 Authorities Functional Budgets Total Funds State Funds Lake Lanier Islands Development Authority $ 1,600,000 $ 0 Georgia Agricultural Exposition Authority $ 1,170,527 $ 0 Total $ 2,770,527 $ 0 Section 30. Board of Post-Secondary Vocational Education . Budget Unit: Board of Postsecondary Vocational Education $ 102,356,167 Board of Postsecondary Vocational Education Budget: Personal Services $ 2,795,428 Regular Operating Expenses $ 261,000 Travel $ 84,000 Motor Vehicle Purchases $ 0 Equipment $ 25,100 Computer Charges $ 202,451 Real Estate Rentals $ 293,683 Telecommunications $ 41,389 Per Diem, Fees and Contracts $ 1,444,000 Utilities $ 16,000 Personal Services-Institutions $ 59,462,617 Operating Expenses-Institutions $ 11,624,632 Capital Outlay $ 0 Quick Start Program $ 4,200,000 Area School Program $ 30,693,824 Regents Program $ 2,571,863 Adult Literacy Grants $ 200,000 Total Funds Budgeted $ 113,915,987 State Funds Budgeted $ 102,356,167 Institutions Functional Budgets Total Funds State Funds Administration $ 5,163,051 $ 3,592,231 Institutional Programs $ 108,752,936 $ 98,763,936 Total $ 113,915,987 $ 102,356,167 Section 31. Department of Public Safety . A. Budget Unit: Department of Public Safety $ 69,947,973 Operations Budget: Personal Services $ 52,875,508 Regular Operating Expenses $ 8,496,716 Travel $ 140,300 Motor Vehicle Purchases $ 3,069,000 Equipment $ 681,806 Computer Charges $ 3,600,000 Real Estate Rentals $ 13,000 Telecommunications $ 1,101,443 Per Diem, Fees and Contracts $ 246,000 Conviction Reports $ 225,000 State Patrol Posts Repairs and Maintenance $ 200,000 Capital Outlay $ 0 Driver License Processing $ 949,200 Total Funds Budgeted $ 71,597,973 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 69,947,973 Public Safety Functional Budgets Total Funds State Funds Administration $ 16,355,406 $ 14,855,406 Driver Services $ 13,093,033 $ 13,093,033 Field Operations $ 42,149,534 $ 41,999,534 Total $ 71,597,973 $ 69,947,973 B. Budget Unit: Units Attached for Administrative Purposes Only $ 12,982,368 1. Attached Units Budget: Personal Services $ 5,987,056 Regular Operating Expenses $ 2,262,872 Travel $ 133,500 Motor Vehicle Purchases $ 115,170 Equipment $ 172,795 Computer Charges $ 356,563 Real Estate Rentals $ 91,853 Telecommunications $ 153,900 Per Diem, Fees and Contracts $ 1,178,700 Peace Officers Training Grants $ 2,675,977 Capital Outlay $ 0 Total Funds Budgeted $ 13,128,386 State Funds Budgeted $ 12,697,311 2. Office of Highway Safety Budget: Personal Services $ 392,194 Regular Operating Expenses $ 29,100 Travel $ 13,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 40,000 Real Estate Rentals $ 63,625 Telecommunications $ 8,000 Per Diem, Fees and Contracts $ 23,800 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,069,719 State Funds Budgeted $ 285,057 Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,069,719 $ 285,057 Georgia Peace Officers Standards and Training $ 4,385,266 $ 4,385,266 Police Academy $ 782,077 $ 762,077 Fire Academy $ 1,103,223 $ 1,004,223 Georgia Firefighters Standards and Training Council $ 402,531 $ 402,531 Organized Crime Prevention Council $ 340,243 $ 340,243 Georgia Public Safety Training Facility $ 6,115,046 $ 5,802,971 Total $ 17,198,105 $ 12,982,368 Section 32. Public School Employees' Retirement System . Budget Unit: Public School Employees' Retirement System $ 13,878,962 Departmental Operations Budget: Payments to Employees' Retirement System $ 267,712 Employer Contributions $ 13,611,250 Total Funds Budgeted $ 13,878,962 State Funds Budgeted $ 13,878,962 Section 33. Public Service Commission . Budget Unit: Public Service Commission $ 7,229,973 Departmental Operations Budget: Personal Services $ 5,744,164 Regular Operating Expenses $ 394,861 Travel $ 215,500 Motor Vehicle Purchases $ 57,900 Equipment $ 53,364 Computer Charges $ 341,800 Real Estate Rentals $ 299,825 Telecommunications $ 113,300 Per Diem, Fees and Contracts $ 1,250,000 Total Funds Budgeted $ 8,470,714 State Funds Budgeted $ 7,229,973 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,315,665 $ 1,315,665 Transportation $ 3,243,522 $ 2,125,925 Utilities $ 3,911,527 $ 3,788,383 Total $ 8,470,714 $ 7,229,973 Section 34. Regents, University System of Georgia . A. Budget Unit: Resident Instruction $ 654,747,800 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 692,559,508 Sponsored Operations $ 100,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 190,131,372 Sponsored Operations $ 116,000,000 Special Funding Initiative $ 10,000,000 Office of Minority Business Enterprise $ 328,875 Special Desegregation Programs $ 363,741 Authority Lease Rentals $ 0 Research Consortium $ 0 Eminent Scholars Program $ 0 Capital Outlay $ 750,000 Total Funds Budgeted $1,110,133,496 Departmental Income $ 27,000,000 Sponsored Income $ 216,000,000 Other Funds $ 209,358,396 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 654,747,800 B. Budget Unit: Regents Central Office and Other Organized Activities $ 137,718,008 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. $ 178,542,229 Sponsored Operations $ 49,915,234 Operating Expenses: Educ., Gen., and Dept. Svcs. $ 74,485,198 Sponsored Operations $ 23,469,674 Fire Ant and Environmental Toxicology Research $ 267,521 Agricultural Research $ 1,664,460 Advanced Technology Development Center $ 1,215,015 Capitation Contracts for Family Practice Residency $ 2,655,750 Residency Capitation Grants $ 2,381,730 Student Preceptorships $ 158,000 Center for Rehabilitation Technology $ 667,324 SREB Payments $ 12,215,450 Medical Scholarships $ 729,262 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 739,618 CRT Inc. Contract at Georgia Tech Research Institute $ 206,000 Total Funds Budgeted $ 350,112,465 Departmental Income $ 0 Sponsored Income $ 73,384,908 Other Funds $ 139,009,549 Indirect DOAS Services Funding $ 0 State Funds Budgeted $ 137,718,008 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,804,450 $ 1,117,542 Skidaway Institute of Oceanography $ 1,846,918 $ 1,446,918 Marine Institute $ 1,204,089 $ 883,390 Georgia Tech Research Institute $ 95,986,875 $ 11,451,120 Engineering Extension Division $ 5,674,928 $ 1,780,728 Agricultural Experiment Station $ 47,642,762 $ 31,635,975 Cooperative Extension Service $ 45,171,634 $ 30,444,934 Eugene Talmadge Memorial Hospital $ 116,715,805 $ 30,723,196 Veterinary Medicine Experiment Station $ 2,786,338 $ 2,786,338 Veterinary Medicine Teaching Hospital $ 2,294,185 $ 461,185 Joint Board of Family Practice $ 5,539,118 $ 5,539,118 Georgia Radiation Therapy Center $ 1,743,722 $ 0 Athens and Tifton Veterinary Laboratories $ 2,275,647 $ 21,570 Regents Central Office $ 19,425,994 $ 19,425,994 Total $ 350,112,465 $ 137,718,008 C. Budget Unit: Georgia Public Telecommunications Commission $ 6,049,637 Public Telecommunications Commission Budget: Personal Services $ 5,015,766 Operating Expenses $ 5,247,823 Total Funds Budgeted $ 10,263,589 Other Funds $ 4,213,952 State Funds Budgeted $ 6,049,637 Section 35. Department of Revenue . Budget Unit: Department of Revenue $ 66,337,584 Operations Budget: Personal Services $ 41,541,962 Regular Operating Expenses $ 3,844,973 Travel $ 1,467,725 Motor Vehicle Purchases $ 156,600 Equipment $ 378,300 Computer Charges $ 8,449,538 Real Estate Rentals $ 2,621,859 Telecommunications $ 609,037 Per Diem, Fees and Contracts $ 215,000 County Tax Officials/Retirement and FICA $ 1,769,340 Grants to Counties/Appraisal Staff $ 1,430,000 Motor Vehicle Tags and Decals $ 5,230,750 Postage $ 2,467,500 Total Funds Budgeted $ 70,182,584 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 66,337,584 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 4,032,103 $ 4,032,103 Internal Administration $ 9,130,168 $ 9,030,172 Electronic Data Processing $ 4,583,858 $ 4,583,858 Field Services $ 13,813,874 $ 13,723,874 Income Tax Unit $ 7,482,163 $ 6,082,171 Motor Vehicle Unit $ 16,923,728 $ 14,868,728 Central Audit Unit $ 5,999,893 $ 5,999,893 Property Tax Unit $ 3,938,292 $ 3,938,292 Sales Tax Unit $ 4,278,505 $ 4,078,493 Total $ 70,182,584 $ 66,337,584 Section 36. Secretary of State . Budget Unit: Secretary of State $ 19,950,631 Personal Services $ 12,974,247 Regular Operating Expenses $ 2,381,489 Travel $ 229,000 Motor Vehicle Purchases $ 134,000 Equipment $ 80,520 Computer Charges $ 603,675 Real Estate Rentals $ 2,171,939 Telecommunications $ 267,642 Per Diem, Fees and Contracts $ 608,119 Election Expenses $ 500,000 Total Funds Budgeted $ 19,950,631 State Funds Budgeted $ 19,950,631 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 2,765,796 $ 2,765,796 Archives and Records $ 4,416,997 $ 4,416,997 Business Services and Regulation $ 3,671,801 $ 3,671,801 Elections and Campaign Disclosure $ 1,117,041 $ 1,117,041 Drugs and Narcotics $ 856,817 $ 856,817 State Ethics Commission $ 175,711 $ 175,711 Occupational Certification $ 6,946,468 $ 6,946,468 Total $ 19,950,631 $ 19,950,631 Occupational Certification Functional Budgets Board Costs Cost of Operations S.B. of Accountancy $ 57,500 $ 247,950 S.B. of Architects $ 79,725 $ 190,876 S.B. of Athletic Trainers $ 850 $ 4,355 Georgia Auctioneers Commission $ 7,350 $ 46,865 S.B. of Barbers $ 24,000 $ 153,756 G.B. of Chiropractic Examiners $ 21,000 $ 132,730 State Construction Industry Licensing Board $ 92,000 $ 542,083 S.B. of Cosmetology $ 55,000 $ 847,430 G.B. of Dentistry $ 55,800 $ 292,361 G.B. of Examiners of Licensed Dieticians $ 13,300 $ 29,911 S.B. of Professional Engineers and Land Surveyors $ 64,700 $ 300,000 S.B. of Registration for Foresters $ 3,100 $ 33,925 S.B. of Funeral Services $ 23,000 $ 219,515 S.B. of Registration for Professional Geologists $ 3,700 $ 23,511 S.B. of Hearing Aid Dealers and Dispensers $ 7,600 $ 22,979 G.B. of Landscape Architects $ 15,800 $ 46,457 S.B. for the Certification of Librarians $ 2,600 $ 17,932 Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists $ 32,500 $ 92,320 Composite S.B. of Medical Examiners $ 102,000 $ 1,191,650 S.B. of Nursing Home Administrators $ 12,200 $ 67,614 G.B. of Nursing $ 78,700 $ 870,040 S.B. of Dispensing Opticians $ 8,600 $ 39,798 S.B. of Examiners in Optometry $ 18,000 $ 63,302 S.B. of Occupational Therapy $ 9,100 $ 22,728 S.B. of Pharmacy $ 86,500 $ 490,080 S.B. of Physical Therapy $ 16,100 $ 68,185 S.B. of Podiatry Examiners $ 6,700 $ 24,177 S.B. of Polygraph Examiners $ 6,600 $ 45,580 G.B. of Examiners of Licensed Practical Nurses $ 54,450 $ 489,111 G.B. of Private Detective and Security Agencies $ 13,300 $ 340,254 S.B. of Examiners of Psychologists $ 19,900 $ 61,254 S.B. of Recreation Examiners $ 6,850 $ 31,216 S.B. of Examiners for Speech Pathology and Audiology $ 5,700 $ 21,824 S.B. of Registration for Used Car Dealers $ 14,500 $ 202,995 S.B. of Registration for Used Motor Vehicle Dismantlers, Rebuilders, and Salvage Dealers $ 10,500 $ 33,163 S.B. of Veterinary Medicine $ 43,500 $ 106,657 S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis $ 7,500 $ 124,319 Total $ 1,080,225 $ 7,538,903 B. Budget Unit: Real Estate Commission $ 1,323,867 Real Estate Commission Budget: Personal Services $ 804,833 Regular Operating Expenses $ 138,070 Travel $ 12,000 Motor Vehicle Purchases $ 17,000 Equipment $ 10,510 Computer Charges $ 166,354 Real Estate Rentals $ 57,300 Telecommunications $ 16,800 Per Diem, Fees and Contracts $ 101,000 Total Funds Budgeted $ 1,323,867 State Funds Budgeted $ 1,323,867 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,323,867 $ 1,363,867

Page 2053

Section 37. Soil and Water Conservation Committee . Budget Unit: Soil and Water Conservation Committee $ 1,591,571 Soil and Water Conservation Budget: Personal Services $ 736,421 Regular Operating Expenses $ 135,236 Travel $ 49,000 Motor Vehicle Purchases $ 0 Equipment $ 8,400 Computer Charges $ 10,750 Real Estate Rentals $ 44,276 Telecommunications $ 15,360 Per Diem, Fees and Contracts $ 125,732 County Conservation Grants $ 466,396 Total Funds Budgeted $ 1,591,571 State Funds Budgeted $ 1,591,571 Section 38. Teachers' Retirement System . Budget Unit: Teachers' Retirement System $ 3,325,000 Departmental Operations Budget: Personal Services $ 2,510,686 Regular Operating Expenses $ 243,000 Travel $ 25,500 Equipment $ 13,850 Computer Charges $ 924,638 Real Estate Rentals $ 302,500 Telecommunications $ 85,000 Per Diem, Fees and Contracts $ 300,000 Cost-of-Living Increases for Local Retirement System Members $ 2,425,000 Floor Fund for Local Retirement Systems $ 900,000 Post Retirement Benefit Increases for Retirees $ 0 Total Funds Budgeted $ 7,730,174 State Funds Budgeted $ 3,325,000

Page 2054

Section 39. Department of Transportation . Budget Unit: Department of Transportation $ 473,551,307 For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget: Personal Services $ 201,183,708 Regular Operating Expenses $ 50,327,324 Travel $ 1,726,750 Motor Vehicle Purchases $ 1,008,600 Equipment $ 4,361,648 Computer Charges $ 2,048,045 Real Estate Rentals $ 1,292,155 Telecommunications $ 1,914,586 Per Diem, Fees and Contracts $ 8,345,601 Capital Outlay $ 460,031,518 Grants to Counties $ 9,317,013 Grants to Municipalities $ 9,317,000 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,285,000 Capital Outlay - Airport Development $ 1,270,000 Mass Transit Grants $ 10,617,972 Savannah Harbor Maintenance Payments $ 1,240,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 1,575,000 G.O. Debt Sinking Fund $ 31,000,000 Total Funds Budgeted $ 797,861,920 State Funds Budgeted $ 473,551,307 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 513,244,755 $ 220,665,451 Maintenance and Betterments $ 209,595,522 $ 198,120,826 Facilities and Equipment $ 5,980,771 $ 5,305,771 Assistance to Counties $ 9,317,013 $ 9,317,013 Administration $ 18,920,939 $ 18,590,939 Total $ 757,059,000 $ 452,000,000 General Funds Budget Total Funds State Funds Grants to Municipalities $ 9,317,000 $ 317,000 Paving at State and Local Schools and State Institutions $ 750,000 $ 750,000 Air Transportation $ 1,476,831 $ 976,831 Inter-Modal Transfer Facilities $ 15,444,089 $ 5,692,476 Harbor Maintenance Activities $ 2,815,000 $ 2,815,000 Maintenance and Betterments $ 11,000,000 $ 11,000,000 Total $ 40,802,920 $ 21,551,307 Section 40. Department of Veterans Service . Budget Unit: Department of Veterans Service $ 17,183,925 Departmental Operations Budget: Personal Services $ 4,268,260 Regular Operating Expenses $ 105,096 Travel $ 89,000 Motor Vehicle Purchases $ 0 Equipment $ 90,300 Computer Charges $ 4,142 Real Estate Rentals $ 218,397 Telecommunications $ 58,500 Per Diem, Fees and Contracts $ 15,400 Capital Outlay $ 0 Operating Expense/Payments to Central State Hospital $ 10,154,540 Operating Expense/Payments to Medical College of Georgia $ 5,283,458 Regular Operating Expenses for Projects and Insurance $ 118,000 Total Funds Budgeted $ 20,405,093 State Funds Budgeted $ 17,183,925 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,753,359 $ 4,522,722 Veterans Home and Nursing Facility - Milledgeville $ 10,268,540 $ 8,394,009 Veterans Nursing Home - Augusta $ 5,383,194 $ 4,267,194 Total $ 20,405,093 $ 17,183,925 Section 41. Workers' Compensation Board . Budget Unit: Workers' Compensation Board $ 7,200,471 Operations Budget: Personal Services $ 5,757,217 Regular Operating Expenses $ 258,241 Travel $ 62,000 Motor Vehicle Purchases $ 0 Equipment $ 43,142 Computer Charges $ 288,131 Real Estate Rentals $ 593,985 Telecommunications $ 95,700 Per Diem, Fees and Contracts $ 152,055 Total Funds Budgeted $ 7,250,471 State Funds Budgeted $ 7,200,471 Section 42. State of Georgia General Obligation Debt Sinking Fund . Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) $ 274,152,959 Section 43. 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 for 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 44. 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 for judges and employees of the Court. Section 45. 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,

Page 2058

of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College. Section 46. 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 47. 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 48. 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, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 49. Provisions Relative to Section 10, Department of Administrative Services . The Department of Administrative Services is authorized to issue a request for proposal for the acquisition of a new mainframe computer; and, to conduct benchmark tests on the computers proposed by vendors which meet specifications. No purchase shall be made until funds are appropriated in a future appropriations bill. Section 50. Provisions Relative to Section 14, Department of Corrections . The Department of Corrections is authorized to obtain approval for all of the correctional officer series above the correctional officer II level to be up-graded.

Page 2059

Section 51. Provisions Relative to Section 16, State Board of Education-Department of Education . The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,419.59. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. From the Appropriations in Section 16, funds are designated and committed for the purpose of Special Education Low - Incidence programs Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $500,000 for FY 1989. From the Appropriations in Section 16, funds in the amount of up to $352,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those shcools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which provided such common preparation time during the immediately preceding school year, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated

Page 2060

to each RESA for SFY 1989 on the basis of one-eighteenth of the total appropriation for each Area Planning and Development area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1989 that it contributed during SFY 1988. Provided, however, that professional development funds may be used to provide study grants directly to individuals, to provide for courses and to provide for the administration and development of testing. Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program. Section 52. Provisions Relative to Section 17, Employees' Retirement System . The Employees' Retirement System is authorized to increase the employer contribution rate by nineteen one-hundredths of one percent of salaries to fund one and one-half percent cost of living increases on July 1, 1988, and January 1, 1989. The System is further authorized to increase the employer contribution rate by twenty-two one-hundredths of one per cent of salaries to fund the provisions of HB 358. Section 53. Provisions Relative to Section 22, Department of Human Resources . The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 71.75% 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:

Page 2061

Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $208 $149 2 315 226 3 376 270 4 444 319 5 508 364 6 551 395 7 596 428 8 633 454 9 666 478 10 713 512 11 763 547 It is the intent of this General Assembly to [Illegible Text], as a minimum, the same level of direct treatment staff in the [Illegible Text] care and forensic programs of the MH MR SA institutions for fiscal year 1989 that was authorized in fiscal [Illegible Text] [Illegible Text]. Section 54. Provisions Relative to Section 28, Merit System of Personnel Administration . The Department is authorized to assess no more than $153.75 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 1989 shall not exceed eight percent (8.00%). The Department is authorized to make a study of grade differentials of captains in the Georgia State Patrol. Section 55. Provisions Relative to Section 29, Department of Natural Resources . No land shall be purchased for State park purposes from funds appropriated in Section 29 (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 29.

Page 2062

From the appropriation in Section 29 (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 in Section 29, the Department of Natural Resources is authorized 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 that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Commissions which employ Preservation Planners as of July, 1988. Section 56. Provisions Relative to Section 34, Regents, University System of Georgia . 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. Section 57. Provisions Relative to Section 30 Board of Postsecondary Education . None of the State funds appropriated in Section 30 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Postsecondary Vocational Education.

Page 2063

Section 58. Provisions Relative to Section 31 Department of Public Safety . The Police Academy is to expend funds for the purposes of the Coroner's Training Courses. Section 59. Provisions Relative to Section 35 Department of Revenue . From the appropriation in Section 35 (Department of Revenue) relating to motor vehicle tag and decal purchases the department is authorized to use available funds for the purchase of either 1983 or 1990 motor vehicle tags. Section 60. Provisions Relative to Section 39 Department of Transportation . For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply: a.) 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. b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget. c.) 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. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of

Page 2064

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 39 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) 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. f.) 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. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. Section 61 . In addition to all other appropriations for the State fiscal year ending June 30, 1989, there is hereby appropriated $3,450,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $7,420,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($7,300,000 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.

Page 2065

Section 62 . 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 63 . 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 64 . 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 motor vehicles, xerographic equipment and telephonic equipment a matter a special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 65 . To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations

Page 2066

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 66 . 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 expenditures as contemplated in this Appropriations Act. Section 67 . No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 68 . No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliases, nor shall any State facilities be made available for their use including but not limited to the Georgia Interactive Statewide Telecommunications Network either directly or indirectly.

Page 2067

Section 69 . 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 existing lease contracts 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. If for any reason any of the sums herein provided under any other provision of this Act are insufficient 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. Section 70 . (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1988 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes 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 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

Page 2068

of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. Section 71 . Whenever in this Act the terms Budget Unit Object Classes or Combined Object Classes For Section are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, 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 72 . There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose

Page 2069

of supplanting appropriated State funds, which State [Illegible Text] thereupon be unavailable for expenditure unless re [Illegible Text] [Illegible Text] by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 73. Delayed Hiring Factor by Department . Dept. of Agriculture $ 64,112 Dept. of Corrections A $ 4,682,525 Dept. of Corrections B $ 77,635 Dept. of Defense $ 5,000 Dept. of Human Resources A $ 3,726,020 Dept. of Human Resources B $ 4,310,300 Georgia Insurance Comm. $ 800 Merit System of Pers. Admin. $ 4,456 Dept. of Natural Resources $ 347,031 Dept. of Public Safety A $ 268,000 Dept. of Public Safety B $ 158,000 Public Service Commission $ 3,077 Secretary of State $ 20,569 Dept. of Veterans Services $ 3,706 Workers' Compensation Board $ 40,220 Section 74. Cost-of-Living Increases . In addition to all other appropriations for the State Fiscal Year ending June 30, 1989, there is hereby appropriated $49,582,639 as recommended by the Governor for the purposes described herein: 1.) For full-time employees of the Executive Branch of State government, a 2.5% increase, effective July 1, 1988; 2.) For certified personnel and employees of the Board of Postsecondary Vocational Education, a 3% increase effective September 1, 1988; 3.) For University System employees, a 2.5% increase effective September 1, 1988, for academic contracted personnel and a 2.5% salary increase, effective July 1, 1988, for non-academic personnel, fiscal year contracted personnel of the University System and employees of the Athens and Tifton Veterinary Laboratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; and 4.) A 2.5% increase for State officials whose salary is set by Act 755 (H.B. 262) of the 1978

Page 2070

Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4. The Georgia Building Authority is authorized to provide a 2.5% cost-of-living increase for employees, effective July 1, 1988. In addition, $596,635 is appropriated for upgrading selected classifications as recommended by the State Merit System, $2,025,000 is appropriated for two 1.5% cost-of-living adjustments for retired members of the Employee Retirement System, and $2,300,000 is appropriated to fund HB 358 as passed in the 1988 Regular Session. Section 75. TOTAL STATEFUND APPROPRIATIONS State Fiscal Year 1989.....$6,254,000,000 Section 76 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 77 . All laws and parts of laws in conflict with this Act are repealed. Approved April 14, 1988.

Page 2071

VIETNAM MEMORIALJAMES H. SLOPPY FLOYD VETERANS MEMORIAL BUILDING. No. 87 (House Resolution No. 664). A RESOLUTION Authorizing the Georgia Building Authority to select a site on the grounds of the James H. Sloppy Floyd Veterans Memorial Building to erect the Vietnam Memorial; and for other purposes. WHEREAS, the Vietnam Memorial Committee has been meeting over the last year to design an appropriate memorial to honor veterans of the Vietnam War; and WHEREAS, the committee is in the process of selecting a sculptor to construct the memorial; and WHEREAS, construction time is estimated to be approximately seven months after the award of the contract; and WHEREAS, the Vietnam Memorial Committee and the Department of Veterans Service are planning to dedicate the Vietnam Memorial on Veterans Day which will be observed on Friday, November 11, 1988. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby authorize and direct the Georgia Building Authority, in conjunction with the committee and the department, to select an appropriate site on the grounds of the James H. Sloppy Floyd Veterans Memorial Building to erect the Vietnam Memorial. BE IT FURTHER RESOLVED that the Georgia Building Authority is further authorized and directed to assist the committee and the department to the fullest extent with the dedication ceremony. 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 Director of the Georgia Building Authority. Approved April 14, 1988.

Page 2072

GEORGIA UNDERGROUND STORAGE TANK ACTENACTMENT; STORAGE OF REGULATED SUBSTANCES IN UNDERGROUND TANKS. Code Title 12, Chapter 13 Enacted. No. 1483 (House Bill No. 1851). 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 preservation, protection, and improvement of the environment and to govern and control the storage of regulated substances in underground tanks so as to safeguard the public health, safety, and welfare; to provide a short title; to provide a public policy in regard to the storage of regulated substances in underground tanks; to provide definitions; to provide a public policy in regard to the storage of regulated substances in underground tanks; to provide definitions; to designate the state agency and the state official responsible for administering the chapter; to provide for powers, duties, and responsibilities of the Board of Natural Resources relating to the storage of regulated substances in underground tanks; to provide for powers, duties, and responsibilities of the director of the Environmental Protection Division relating to the storage of regulated substances in underground tanks; to provide for evidence of financial responsibility on the part of owners and operators arising from the operation of an underground storage tank; to provide for notification of underground storage tanks to the division; to provide for an interim prohibition on installing certain underground storage tanks; to provide for inspections and investigations relating to the storage of regulated substances in underground tanks; to provide the director the necessary authority to respond to releases or threatened releases of regulated substances from underground storage tanks; to create a fund to be used by the director to respond to releases of regulated substances from underground storage tanks; to establish a means of financing the fund; to provide for proceedings before the director; to provide for liens on owners and operators of tanks in cost recovery actions; to provide for orders and for a right of hearing; to provide for injunctive relief in the superior courts;

Page 2073

to provide for hearings on contested matters and judicial review of orders; to provide for judgments based upon orders from which no appeal is taken or which are affirmed upon administrative appeal; to provide for emergency orders immediately effective when necessary to meet emergencies; to provide for imposition of civil penalties for violations of these provisions; to provide procedures and hearings for imposing those penalties and to specify criteria and factors to be considered by the hearing officer in imposing those penalties; to provide for protection of confidential information received by the Environmental Protection Division; to provide for representation by the Attorney General; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 13 to read as follows: CHAPTER 13 12-13-1. This chapter shall be known as and may be cited as the `Georgia Underground Storage Tank Act.' 12-13-2. (a) It is declared to be the public policy of the State of Georgia, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environments, to institute and maintain a comprehensive state-wide program for the management of regulated substances stored in underground tanks. (b) It is the intent of the General Assembly that the Environmental Protection Division of the Department of Natural Resources shall be designated as the state agency to administer the provisions of this chapter. The director of the Environmental Protection Division of the Department of Natural Resources shall be the official charged with the primary responsibility for the enforcement of this chapter. In exercising any authority or power granted by this chapter and in fulfilling duties under this chapter, the director shall

Page 2074

conform to and implement the policies outlined in this chapter. (c) It is the intent of the General Assembly to create an environmental assurance fund which, in addition to those purposes set forth in Code Sections 12-13-9(f) and 12-13-9(g), may also be used by owners and operators as an alternate to insurance purchased from insurance companies for purposes of evidencing financial responsibility for taking corrective action and compensation of third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating underground storage tanks. 12-13-3. As used in this chapter, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Department' means the Department of Natural Resources of the State of Georgia. (3) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) `Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (5) `Federal act' means the Solid Waste Disposal Act, 42 U.S.C. Section 3152, et seq., as amended, particularly by the Hazardous and Solid Waste Amendments of 1984, Public Law 98-616, 42 U.S.C. Section 6991, et seq., as amended by Public Law 99-499, 1986. (6) `Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator. (7) `Nonoperational storage tank' means any underground storage tank in which regulated substances will not be deposited or from which regulated substances will not be dispensed after November 8, 1984.

Page 2075

(8) `Operator' means any person in control of or having daily responsibility for the operation of the underground storage tank. (9) `Owner' means, in the case of an underground storage tank in use on November 8, 1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances and, in the case of any underground storage tank in use before November 8, 1984, but no longer in use on November 8, 1984, any person who owned such tank immediately before the discontinuation of its use. (10) `Person' means an individual, trust, firm, jointstock company, corporation, including a government corporation, partnership, association, municipality, commission, political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (11) `Petroleum' means petroleum, including crude oil or any fraction thereof which is liquid at standard condition of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). (12) `Petroleum product' means petroleum, including gasoline, gasohol, diesel fuel, fuel oils including #2 fuel oil, kerosene, but excluding jet turbine fuel. (13) `Regulated substance' means any substance defined in Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended by P.L. 99-499, 1986, et seq., and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, (60 degree Fahrenheit and 14.7 pounds per square inch absolute) but not including any substance regulated as a hazardous waste under the `Georgia Hazardous Waste Management Act,' as amended. (14) `Release' means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground

Page 2076

storage tank into ground water, surface water, or subsurface soils. (15) `Underground storage tank' means any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which, including the volume of the underground pipes connected thereto, is 10 percent or more beneath the surface of the ground. (16) `Terminal' means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessel. 12-13-4. This chapter shall not apply to the following: (1) Any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (2) Any tank used for storing heating oil for consumptive use on the premises where stored; (3) Any septic tank; (4) Any pipeline facility, including gathering lines, regulated under: (A) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C.A. 1671, et seq.; or (B) The Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C.A. 2001, et seq.; or (C) Which is an intrastate pipeline facility regulated under state law comparable to the provisions of law referred to in subparagraph (A) or (B) of this paragraph; (5) Any surface impoundment, pit, pond, or lagoon; (6) Any storm-water or waste water collection system;

Page 2077

(7) Any flow-through process tank; (8) Any liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; or (9) Any storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel), if the storage tank is situated upon or above the surface of the floor. 12-13-5. In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this chapter as the board may deem necessary to provide for the management of regulated substances stored in underground tanks to protect the environment and health of humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this chapter. The rules and regulations shall include all requirements necessary for consistency with applicable federal law and federal regulations and shall include, but shall not be limited to, the following: (A) Standards and control measures applicable to underground storage tanks and owners or operators of underground storage tanks. These standards and control measures may include, but are not limited to: (i) Requirements for maintaining a leak detection system, an inventory control system together with tank testing, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment; (ii) Requirements for maintaining records of any monitoring or leak detection system or inventory

Page 2078

controls or inventory control system or tank testing or comparable system; (iii) Requirements for reporting of any releases and corrective actions taken in response to a release from an underground storage tank; and (iv) Requirements for notification regarding the existence of operational or nonoperational underground storage tanks; (B) Requirements for maintaining evidence of financial responsibility consistent with applicable federal law and federal regulation; and (C) Performance standards for underground storage tanks brought into use on or after the effective date of such standards. The performance standards for new underground storage tanks shall include, but are not limited to, design, construction, installation, release detection, and compability standards; and (2) Take all necessary steps to ensure the effective enforcement of this chapter. 12-13-6. (a) The director shall have and may exercise the following powers and duties: (1) To exercise general supervision over the administration and enforcement of this chapter and all rules, regulations, and orders issued under this chapter; (2) To encourage, participate in, or conduct studies, reviews, investigations, research, and demonstrations relating to underground tank storage of regulated substances in this state as he deems advisable and necessary; (3) To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, the rules and regulations promulgated under this chapter, and any orders which the director may issue; (4) To enter into such contracts as may be convenient, required, or necessary to effectuate the provisions

Page 2079

of this chapter or the rules and regulations promulgated under this chapter, including the administration of the state underground storage tank program; (5) To prepare, develop, amend, modify, submit, and enforce any comprehensive plan or program sufficient to comply with this chapter and the federal act for the control, regulation, and monitoring of underground tank storage of regulated substances in this state; (6) To conduct such public hearings as are required by this chapter or as he deems necessary for the proper administration of this chapter and to control and manage the conduct procedure for such public hearings; (7) To advise, consult, cooperate, and contract on underground tank storage of regulated substance matters with other agencies of this state, political subdivisions thereof, and other designated organizations or entities; and, with the approval of the Governor, to negotiate and enter into agreements with the governments of other states and the United States and their several agencies, subdivisions, or designated organizations or entities; (8) To collect and disseminate information and to provide for public notification in matters relating to underground tank storage of regulated substances; (9) To issue, amend, modify, or revoke orders as may be necessary to ensure and enforce compliance with the provisions of this chapter and all rules and regulations promulgated under this chapter; (10) To institute, in the name of the division, proceedings of mandamus, injunction, or other proper administrative and civil proceedings to enforce the provisions of this chapter, the rules and regulations promulgated under this chapter, or any orders issued under this chapter; (11) To accept, receive, administer, or disperse funds or grants from public or private sources for the purpose of proper administration of this chapter or for carrying

Page 2080

out any of the duties, powers, or responsibilities under this chapter; (12) To grant variances in accordance with the provisions of this chapter and the rules and regulations promulgated under this chapter, provided such variances are not inconsistent with the federal act and rules or regulations promulgated under such act; (13) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this chapter; (14) To assure that the State of Georgia complies with the federal act and retains maximum control under such act and receives all desired federal grants, aid, and other benefits; (15) To require any person who is an owner or operator of an underground storage tank to notify the division in writing as provided by this chapter; (16) To require any person who is an owner of an underground storage tank taken out of operation after January 1, 1974, to notify the division in writing as provided by this chapter; (17) To maintain an inventory of underground tanks within the state, including such information as location, identity, quantity, method of storage, owners and operators, and any other information which the director may deem necessary to administer and enforce this chapter; (18) To adopt, promulgate, modify, amend, and repeal criteria for the identification of regulated substances and the determination of whether any substance or combination of substances is regulated for the purposes of this chapter; (19) To establish underground storage tank technical standards for the state provided they are in all cases consistent with those provided by the federal act; (20) To take all necessary steps to ensure that the administration of this chapter is consistent with and

Page 2081

equivalent to the provisions of the federal act and any standards, rules, or regulations, promulgated under such act; and (21) To exercise all incidental powers necessary to carry out the purposes of this chapter. (b) The powers and duties provided for in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized employees of the department as the director deems necessary and proper. 12-13-7. Until the effective date of rules and regulations adopted by the board pursuant to Code Section 12-13-5, no person may install an underground storage tank for the purpose of storing regulated substances unless such tank meets the performance standards established pursuant to the federal act. 12-13-8. (a) The director or an authorized employee of the department, upon presentation of this credentials, shall have a right to enter upon, to, or through premises of persons subject to this chapter, or premises whereon a violation of this chapter or rules and regulation is reasonably believed to be occurring or is reasonably believed to be about to occur, to investigate, take samples of, and copy all records relating to storage of regulated substances in underground tanks, and to inspect for compliance with the requirements imposed under this chapter or the rules and regulations, or to determine whether such a violation or threatened violation exists. (b) In the event any person does not consent to an inspection or investigation, the director or an authorized employee of the department shall have the power to seek a warrant authorizing the inspection or investigation. 12-13-9. (a) The board shall promulgate regulations containing requirements for maintaining evidence of financial responsibility as deemed necessary and desirable for taking corrective action and for compensation of third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank.

Page 2082

(b) Financial responsibility required by this Code section may be established in accordance with regulations promulgated by the board by any one or combination of the following: insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer, or any other method satisfactory to the board. In promulgating requirements under this Code section, the board is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are acceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this chapter and comply with financial responsibility requirements. (c) Financial responsibility programs established pursuant to this chapter and administered by the division may be submitted as evidence of financial responsibility required under this chapter. (d) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the federal Bankruptcy Code or where, with reasonable diligence, jurisdiction in any state court or the federal courts 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 would have been available to the guarantor if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. (e) 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 Code section. Nothing in this Code section shall be construed to limit any other state or federal statutory, contractual, or common law liability of a guarantor to its

Page 2083

owner or operator including, but not limited to, the liability of such gurantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this Code section shall be construed to diminish the liability of any person under Sections 107 and 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., as amended by P.L. 99-499, 1986. (f) There is hereby established the Underground Storage Trust Fund. The director shall serve as trustee of this fund. The principal of the moneys deposited in such fund pursuant to Code Section 12-13-10 may be expended by the director for the following purposes: (1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of regulated substances from an underground storage tank; (2) To take preventive or corrective actions where the release of the regulated substances presents an actual or potential threat to human health or the environment where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to, provisions for providing alternative water supplies; and (3) To provide compensation for third-party liabilities, if the board promulgates regulations allowing use of the fund for third-party liabilities. (g) Any interest earned upon the corpus of the Underground Storage Tank Trust Fund shall not become a part thereof but shall be paid over to the division to be utilized by the division for administration of the state Underground Storage Tank Program. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury, provided that nothing in this Code section shall be construed so as to allow the division to retain any funds required by the Constitution of Georgia to be paid into the state treasury; provided, further,

Page 2084

that the division shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, known as the `Budget Act,' except Code Section 45-12-92, prior to expending any such funds. 12-13-10. (a) In order to participate in the liability limitations and reimbursement benefits of the Underground Storage Tank Trust Fund, a potential claimant shall pay to the Division his or her share of an environmental assurance fee on each gallon of petroleum products imported into this State. Such fees shall be established by the board in such amount as is sufficient to assure the funding of emergency, preventive, or corrective actions necessary when public health or safety is, or potentially may be, threatened from a release of regulated substances from an underground storage tank, at a rate not to exceed 0.1 per gallon. This fee shall be collected by the terminal operator upon request of the owner or operator when the petroleum is removed from a terminal by the person who sells the petroleum, or if the petroleum product will never be stored in a terminal in this State then by the importer thereof, and paid to the Department. Proof of such payment shall be provided the owner or operator. Exchanges of petroleum products on a gallon-for-gallon basis within a terminal shall be exempt from this fee. Petroleum product which is subsequently exported from this State is exempt from this fee. (b) Environmental assurance fees as specified in subsection (a) of this Code section shall be paid into the trust fund until the unobligated principal balance of the trust fund equals or exceeds $20 million, at which time no environmental assurance fees shall be levied unless the balance in the trust fund is less than or equal to an unobligated balance of $10 million, in which case the collection of the environmental assurance fee will resume within 180 days following the end of the month in which such unobligated balance occurs. 12-13-11. (a) Whenever the director has reason to believe that there is or has been a release of a petroleum product into the environment from an underground tank, regardless of the time at which storage of such material occurred, and has reason to believe that such release poses a danger to health or the environment, the director shall obtain corrective

Page 2085

action for such release from the owner or operator, or both, or from any past owner or operator who has contributed to such release. Such corrective action shall be performed in accordance with a plan approved by the director. (b) If the tank owner or operator is unable or unwilling to perform corrective action as provided for in subsection (a) of this Code section or no owner or operator can be found, the director may undertake preventive or corrective actions utilizing funds from the Underground Storage Tank Trust Fund. (c) The owner or operator of an underground storage tank shall be liable for all costs of preventive, corrective, and enforcement actions incurred by the State of Georgia as a result of a release or a substantial threat of release of a petroleum product from an underground storage tank unless the owner or operator, or both, enters into a consent agreement with the state within a reasonable period of time, which time period may be specified by regulation. At a minimum, the owner or operator, or both, must agree that: (1) Whenever costs have been incurred by the director pursuant to subsection (f) of Code Section 12-13-9 or subsection (b) of Code Section 12-13-11, for taking corrective or enforcement action, the owner or operator shall be liable for the first $10,000.00 per occurrence for corrective action; such funds to be paid into the Underground Storage Tank Trust Fund within 90 days of notice by the director; (2) The State of Georgia and the Underground Storage Tank Trust Fund are relieved of all liability for loss of business, damages, and taking of property associated with the corrective action; (3) The division or its contractors may enter upon the property of the owner or operator, at such time and in such manner as deemed necessary, to effectuate the necessary corrective action to protect health and the environment; (4) The owner or operator shall be fully responsible for replacement or retrofitting or both of leaking tanks

Page 2086

and associated piping or shall allow division contractors to refill excavated areas, resulting from removal of leaking tanks and associated piping, with clean earth to its original elevation; (5) The liability of the state and the state Underground Storage Tank Trust Fund shall not exceed $1 million per occurrence; and (6) Such other provisions as are deemed appropriate by the board to ensure adequate protection of health and the environment. (d) To encourage voluntary corrective action, an owner or operator conducting corrective action under this chapter, either through his own personnel or through response action contractors or subcontractors, is entitled to reimbursement of reasonable cost from the trust fund, subject to the following provisions: (1) Prior to initiating such corrective action, the owner or operator must submit to and receive approval from the division of the proposed corrective action plan, together with projected costs of the corrective action; (2) The owner or operator or his agents shall keep and preserve suitable records demonstrating compliance with the approved corrective action plan and all invoices and financial records associated with costs for which reimbursement will be requested; (3) Within 30 days of receipt of a complete corrective action plan, the division shall make a determination and provide written notice as to whether the owner or operator responsible for corrective action is eligible or ineligible for reimbursement of costs. Should the division determine the owner or operator is ineligible, it shall include in its written notice an explanation setting forth in detail the reasons for the determination; (4) The owner or operator shall submit to the director a written notice that corrective action has been completed within 30 days of completing corrective action;

Page 2087

(5) No later than 30 days from the submission of the notice as required by paragraph (4) of this subsection, the owner or operator must submit an application for reimbursement of costs in accordance with criteria established by the director. The application for reimbursement must include the total amount of the corrective action and the amount of reimbursement sought; (6) The first $10,000.00 of eligible costs incurred by the owner or operator are not eligible for reimbursement from the trust fund nor are costs for replacement or retrofitting of leaking tanks and associated piping; and (7) No costs may be reimbursed to the owner or operator until such time as corrective action has been completed in accordance with the plan approved by the division; provided, however, that interim payments may be made if the corrective action is being conducted in accordance with a plan approved by the division which allows interim payments. (e) Notwithstanding the provisions of subsection (c) of this Code section, should the division find that any of the following situations exist, the owner or operator, or both, shall be liable for 100 percent of costs associated with preventive, corrective, or enforcement actions necessary to protect health or the environment: (1) Release was due to willful or negligent actions by owner or operator; (2) Owner or operator is in arrears for moneys owed to the Underground Storage Tank Trust Fund; (3) The release is from a tank not registered in accordance with Code Section 12-13-13; (4) The owner or operator fails to comply with any provision of the agreement required by subsection (c) of this Code section; (5) The owner or operator moves in any way to obstruct the efforts of the division or its contractors to effectuate corrective action;

Page 2088

(6) The owner or operator has failed to comply with any provisions of this chapter or rules promulgated hereunder; or (7) The owner or operator of petroleum product underground tank has stored petroleum product, after the effective date of this chapter, in such tank which has not been subjected to the environmental fee imposed in subsection (a) of Code Section 12-13-10. 12-13-12. Except as otherwise provided for in subsection (c) of Code Section 12-13-11, in the event of any discharge or threatened discharge of a regulated substance, the state or any of its agencies may recover in a civil action from any owner, operator, or other responsible person all costs incurred by the state or any of its agencies or moneys from the Federal Leaking Underground Storage Tank Trust Fund in the assessment and the cleanup of any release of a regulated substance and all costs incurred in the prevention, abatement, or removal of any threatened discharge of a regulated substance, including reasonable attorneys' fees and any other necessary costs of response incurred by the state or any of its agencies. All such moneys recovered shall be deposited into the Underground Storage Tank Trust Fund. The state shall have a lien on the property of owners and operators until funds are paid. 12-13-13. (a) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank shall notify the division, on forms provided by the division, within a reasonable number of days which the director shall specify, indicating the age, size, type, location, and uses of such tanks, identifying the regulated substances stored, and providing any other information which may be deemed relevant under such conditions as the director may prescribe. (b) Unless such notification has been previously provided to the division or to the U.S. Environmental Protection Agency in accordance with the federal act, any person who owns an underground storage tank taken out of service after January 1, 1974, shall notify the division in writing, on forms

Page 2089

provided by the division, within a reasonable number of days which the director shall specify, indicating the date the tank was taken out of operation, the age of the tank at the date taken out of operation, the size, type, and location of the tank, and the type and quantity of substances left stored in such tank on the date taken out of operation and shall provide any other information which may be deemed relevant under such conditions as the director may prescribe. (c) Any owner who brings into use an underground storage tank after the effective date of this chapter shall notify the division, on forms provided by the division, within 30 days of the existence of such tank, specifying the age, size, type, location, and uses of such tank. (d) Beginning 30 days after the board issues new tank performance standard rules and regulations pursuant to Code Section 12-13-5, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of the owner's notification requirements pursuant to this Code section. 12-13-14. (a) Whenever the director has reason to believe that a violation of any provision of this chapter, any rule or regulation of the board, or any order of the director has occurred, he shall attempt to remedy the same by conference, conciliation, or persuasion. In case of failure of such conference, conciliation, or persuasion to correct or remedy any violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the chapter or rules or regulations or order alleged to have been violated and may order that necessary corrective action be taken within a reasonable time to be prescribed in the order. An order issued by the director under this Code section shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing pursuant to Code Section 12-13-16. (b) Whenever the director has reason to believe that there is or has been a release of a regulated substance into the environment from an underground tank, regardless of the time at which storage of such material occurred, and

Page 2090

has reason to believe that such release poses a danger to health or the environment, the director shall attempt to obtain corrective action for such release by conference, conciliation, or persuasion. In the case of failure of such conference, conciliation, or persuasion to obtain corrective action, the director may issue an order directed to any person including any past owner or operator who has contributed to such release. The order may direct that necessary corrective action may be taken within a reasonable time to be prescribed in the order. 12-13-15. Whenever, in the judgment of the director, any person has engaged in or is about to engage in any act or practice which constitutes or would constitute a violation of this chapter, the rules and regulations, or any order or permit conditions, he may make application to the superior court of the county in which the violative act or practice has been or is about to be engaged in or in which the owner or operator resides for an order enjoining such act or practice or for an order requiring compliance with this chapter, the rules and regulations, or the order; and upon a showing by the director that such person has engaged in or is about to engage in any such violative act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law. 12-13-16. All hearings on and review of contested matters and orders and all hearings on and review of any other enforcement actions or orders under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. The hearing and review procedure herein provided is to the exclusion of all other means of hearing or review. 12-13-17. Any order of a hearing officer issued after a hearing as provided in Code Section 12-13-16 or any order of the director issued pursuant to Code Section 12-13-14, either unappealed from as provided in those Code sections or affirmed or modified on any review or appeal pursuant to Code Section 12-13-16, from which no further review is taken or allowed under Section 12-13-16 may be filed, as unappealed from or as affirmed or modified, if reviewed

Page 2091

or appealed, by certified copy from the director in superior court of the county wherein the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The superior 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 such court. 12-13-18. It shall be unlawful for any person to engage in the storage of regulated substances in underground tanks except in such a manner so as to conform to and comply with any provisions of this chapter or any of the rules, regulations, and orders established under this chapter. The owner or operator of any underground storage tank for petroleum shall maintain proof that all petroleum stored in his tanks after the effective date of this chapter was subjected to the environmental fee imposed in subsection (a) of Code Section 12-13-10. 12-13-19. (a) If a person fails to comply with an order under Code Section 12-13-14 within the time specified in the order, he shall be liable for a civil penalty of not more than $25,000.00 for each day of continued noncompliance. (b) Any person who knowingly fails to notify or submits false information pursuant to Code Section 12-13-13 shall be subject to a civil penalty not to exceed $10,000.00 for each tank for which notification is not given or false information is submitted. (c) Any owner or operator of an underground storage tank shall be subject to a civil penalty not to exceed $10,000.00 for each tank for each day of violation if he fails to comply with: (1) Any requirement, standard, rule, or regulation promulgated by the board; and (2) The provisions of Code Section 12-13-7. (d) Any person not subject to the provisions of 18 U.S.C. 1905 who knowingly and willfully divulges or discloses any

Page 2092

information entitled to protection under Code Section 12-13-21 shall, upon conviction, be subject to a fine of not more than $5,000.00 or to imprisonment not to exceed one year, or both. (e) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, he may upon written request cause a hearing to be conducted before a hearing officer appointed by the board. Upon finding that said person has violated any provision of this chapter or any rule or regulation effective under this chapter or has failed or refused to comply with any final order or emergency order of the director, said hearing officer shall issue his decision imposing civil penalties as provided in this Code section. Such hearing and any administrative or judicial review thereof shall be conducted in accordance with Code Section 12-13-16. (f) In rendering a decision under this Code section imposing civil penalties, the hearing officer shall consider all factors which are relevant including, but not limited to, the following: (1) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply; (2) The character and degree of impact of the violation or failure on the natural resources of the state, especially any rare or unique natural phenomena; (3) The conduct of the person incurring the civil penalty in promptly taking all feasible steps or procedures necessary or appropriate to comply or to correct the violation or failure; (4) Any prior violations or failures to comply by such person with statutes, rules, regulations, or orders administered, adopted, or issued by the director;

Page 2093

(5) The character and degree of injury to or interference with public health or safety which is caused or threatened to be cause by such violation or failure; and (6) The character and degree of injury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure. (g) All civil penalties recovered by the director as provided in this Code section shall be paid into the Underground Storage Tank Trust Fund established pursuant to the provisions of Code Section 12-13-9. 12-13-20. Whenever the director finds that an emergency exists requiring immediate action to protect the public health, safety, or well-being, the director, with the concurrence of the Governor, may issue an order declaring the existence of such an emergency and requiring that such action be taken to meet the emergency as the director specifies. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the director shall be afforded a hearing within 48 hours. On the basis of such hearing, the director may continue such order in effect, revoke it, or modify it. 12-13-21. (a) Any records, reports, or information obtained from any person pursuant to this chapter shall be available to the public, except that upon a showing satisfactory to the director by any person that such records, reports, or information or a particular part thereof to which the director or any officer, employee, or representative thereof has access pursuant to this chapter, if made public, would divulge information entitled to protection under 18 U.S.C. 1905, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that statute. However, such confidential record, report, document, or information may be disclosed to other officers, employees, or authorized representatives of the State of Georgia or the United States concerned with carrying out this chapter or the federal act or, when relevant, in any proceedings under this chapter or the federal act.

Page 2094

(b) In submitting information pursuant to this chapter, a person required to provide such information may: (1) Designate the information which such person believes is entitled to protection under this Code section; and (2) Submit such designated information separately from other data submitted under this Code section. 12-13-22. It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter. Section 2 . This Act shall become effective on July 1, 1988. Section 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1988.

Page 2095

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1988 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

Page 2096

VICTIMS OF CRIMECOMPENSATION. Proposed Amendment to the Constitution. No. 61 (Senate Resolution No. 274). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating innocent victims of crime; to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose; to redesignate certain provisions 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 VI of the Constitution is amended by striking Paragraph VI in its entirety and inserting in lieu thereof a new Paragraph VI to read as follows: Paragraph VI. Gratuities . (a) Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into. (b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent

Page 2097

with the authority granted to the General Assembly by such provisions of said Constitution. (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. (d) 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. (e) 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. (f) The General Assembly is authorized to provide by law for compensating innocent victims of crimes which occur on and after July 1, 1989. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for the purpose of compensating innocent victims of crime and for the administration of any laws enacted for such purpose. 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 2098

() YES () NO Shall the Constitution be amended so as to authorize the General Assembly to provide by law for compensating innocent victims of crime and to authorize the General Assembly to allocate certain funds, to appropriate funds, to provide for a continuing fund, or to provide for any combination thereof for such purpose? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 31, 1988. STATE HOUSING TRUST FUND FOR THE HOMELESSEXPENDITURE OF FUNDS; PROGRAMS. Proposed Amendment to the Constitution. No. 68 (House Resolution No. 587). A RESOLUTION Proposing an amendment to the Constitution so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions; 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:

Page 2099

Section 1 . Article III, Section IX, Paragraph IV of the Constitution is amended by adding at the end thereof a new paragraph (d) to read as follows: (d) Funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions, notwithstanding the provisions of Article I, Section II, Paragraph VII. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide that funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not lapse and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 31, 1988.

Page 2100

COMMISSIONER OF EDUCATIONOFFICE CREATED; APPOINTMENT. Proposed Amendment to the Constitution. No. 86 (Senate Resolution No. 270). A RESOLUTION Proposing an amendment to the Constitution so as to provide for the office of commissioner of education in place of the office of State School Superintendent and for the appointment of said commissioner of education by the State Board of Education and for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in lieu thereof new subparagraphs (a) and (b) to read as follows: (a) As used in this Paragraph, the term `public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly. (b) Upon indictment for a felony by a grand jury of this state 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 Commissioner of Insurance, the Commissioner of Agriculture, and

Page 2101

the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which the officer 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 the office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from the office. If the officer is reinstated to office, the officer shall be entitled to receive any compensation withheld under the provisions of this Paragraph.

Page 2102

Section 2 . Article V, Section II, Paragraph VIII of the Constitution is amended by striking subparagraph (b) in its entirety and inserting in lieu thereof a new subparagraph (b) to read as follows: (b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified. Section 3 . Article V, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. Other executive officers, how elected . The Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor. Section 4 . Article V, Section III, Paragraph II of the Constitution is amended by striking subparagraph (a) in its entirety and substituting in lieu thereof a new subparagraph (a) to read as follows: (a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.

Page 2103

Section 5 . Article V, Section IV, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. `Elected constitutional executive officer,' how defined . As used in this section, the term `elected constitutional executive officer' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. Section 6 . Article VIII, Section III, Paragraph I of the Constitution is amended by striking said Paragraph in its entirety which reads as follows: Paragraph I. State School Superintendent . There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed., and inserting in lieu thereof a new Paragraph I to read as follows: Paragraph I. Commissioner of education . There shall be a commissioner of education, who shall be the executive officer of the State Board of Education. The person serving as State School Superintendent on January 1, 1989, shall continue to serve as State School Superintendent for the remainder of the term to which the person was elected. Thereafter, the commissioner of education shall be appointed by the State Board of Education to serve for such term of office, not exceeding four years, as said State Board of Education shall determine. The commissioner of education shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for appointment as commissioner of education during the term of office for which the member was appointed as a member of the State Board of Education.

Page 2104

Section 7 . 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 for the office of commissioner of education in place of the office of State School Superintendent and to authorize the State Board of Education to appoint said commissioner of education? 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 13, 1988. COMMISSION TO RENUMBER AND REDESIGNATE PROVISIONS OF THE CONSTITUTIONCREATION. Proposed Amendment to the Constitution. No. 88 (House Resolution No. 16). A RESOLUTION Proposing an amendment to the Constitution so as to create a commission and authorize such commission to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within

Page 2105

the Constitution; 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 X, Section I of the Constitution is amended by adding at the end thereof a new Paragraph VII to read as follows: Paragraph VII. Renumbering, redesignation, and rearrangement of provisions of the Constitution . There is created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Legislative Counsel. The commission is authorized to renumber, redesignate, and rearrange articles, sections, Paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution when two or more articles, sections, Paragraphs, or provisions have been given the same number or designation by the Constitution or by multiple amendments to the Constitution. Following each general election, the commission shall examine the Constitution and all amendments which have been ratified and shall notify the Secretary of State, by the first day of January following each general election, of any changes adopted by the commission. Any renumbering, redesignation, rearrangement, or correction adopted by the commission shall be incorporated into and become a part of the Constitution upon receipt of such notice by the Secretary of State or upon the effective date of the article, section, Paragraph, or provision affected, whichever is later. 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 create a commission and authorize such commission to renumber, redesignate, and rearrange articles, sections, paragraphs, or provisions of the Constitution and to correct cross-references within the Constitution?

Page 2106

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. SEED-CAPITAL FUNDCREATION AUTHORIZED. Proposed Amendment to the Constitution. No. 89 (House Resolution No. 552). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture; to provide for payments into the fund and disbursements therefrom; to provide for returns on loans and investments; to provide that moneys in the fund shall not lapse; 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 (g) to read as follows: (g) The General Assembly is authorized to provide by law for the creation of a Seed-Capital Fund from which funds

Page 2107

shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture. Funds shall be disbursed in the form of loans or investments which shall provide for repayment, rents, dividends, royalties, or other forms of return on investments as provided by law. Moneys received from returns on loans or investments shall be deposited in the Seed-Capital Fund for further disbursement. 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. The General Assembly shall be authorized to provide by law for any matters relating to the purpose or provisions of this subparagraph. 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 the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture and to provide for returns on loans and investments? 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 2108

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. SPECIAL SERVICE DISTRICTSTEMPORARY LOANS. Proposed Amendment to the Constitution. No. 90 (House Resolution No. 626). A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to authorize the issuance of temporary loans on behalf of special service districts; to provide a clarification that temporary loans are not subject to the terms of Paragraph I of Section V of Article IX of the Constitution of the State of Georgia; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article IX, Section V of the Constitution of the State of Georgia, relating to limitation on local debt, is amended by striking Paragraph V, relating to authorization for temporary loans, and inserting in its place a new Paragraph V to read as follows: Paragraph V. Temporary loans authorized . The governing authority of any county, municipality, or other political subdivision of this state may obtain temporary loans in each year to pay expenses of such county, municipality, other political subdivision, or special district created pursuant to Paragraph VI of Section II of this article. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected by such county, municipality, other political subdivision, or on behalf of such

Page 2109

special district, in the last preceding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision shall incur, nor shall such special district have incurred on its behalf, in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, other political subdivision, or special district for such calendar year. 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 issuance of temporary loans on behalf of special service districts? All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Page 2110

EXPORT FINANCE FUNDCREATION. Proposed Amendment to the Constitution. No. 91 (House Resolution No. 659). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia; to provide for payments into the fund and disbursements thereform; to provide that moneys in the fund shall not lapse; 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 (g) to read as follows: (g) The General Assembly is authorized to provide by law for the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia. 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. Moneys shall be paid out of the Export Finance Fund for such purposes in furtherance of the Georgia export finance program and pursuant to such procedures as provided by law.

Page 2111

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 the creation of an Export Finance Fund from which funds shall be disbursed for a Georgia export finance program to provide loan guarantees, insurance, and coinsurance to support the export of goods, services, and agricultural commodities produced or grown primarily in Georgia by corporations or agricultural enterprises which are domiciled in Georgia? 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 2112

INDUSTRIAL AREASREMOVAL OF PROPERTY AND ADJACENT PUBLIC RIGHTS OF WAY; ISLANDS. Proposed Amendment to the Constitution. No. 92 (House Resolution No. 792). A RESOLUTION Proposing an amendment to the Constitution so as to allow owners of real property located in an industrial area on an island by virtue of Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area; 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 XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows: (e) Any other provision of this Constitution to the contrary notwithstanding, the legal and equitable owners of any real property located within the boundaries of an industrial area described in subparagraph (d) which property is located on an island may remove such property from the industrial area by filing a certificate with the clerk of the superior court for the county where such property is located removing the property from the industrial area. The filing of such certificate shall be irrevocable and shall bind the legal and equitable owners, their heirs, successors, and assigns. For purposes of this subparagraph, a legal or equitable owner shall not include a beneficiary of any trust or a partner in any partnership owning any interest in the property, or the owner of any easement rights in the property. Upon the filing of such certificate, the property described in the certificate, together with all public streets and public rights of way within the property or abutting the property or connecting the property to lands outside the industrial area,

Page 2113

shall be immediately removed from the industrial area and such property and adjacent public rights of way may thereafter be annexed into the corporate limits of any adjacent municipality pursuant to any method of annexation allowed by law. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to allow the owner of property located within a constitutional industrial area located on an island voluntarily to remove the property from such industrial area? 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 2114

GENERAL ASSEMBLYMEMBERS; TERMS OF OFFICE. Proposed Amendment to the Constitution. No. 93 (Senate Resolution No. 7). A RESOLUTION Proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years; to change certain provisions relating to the organization of the General Assembly; to provide for matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article III, Section II of the Constitution is amended by striking Paragraph V, relating to the election and terms of office of members of the General Assembly, in its entirety and inserting in lieu thereof a new Paragraph V to read as follows: Paragraph V. Election and term of members . (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly. (b) The first members of the General Assembly to serve four-year terms shall be those elected in November, 1988, and subsequent elections shall be held on Tuesday after the first Monday in November and quadrennially thereafter until the day of election is changed by law. Section 2 . Article III, Section IV, Paragraph I of the Constitution, relating to meeting, time limit, and adjournment of the General Assembly, is amended by striking subparagraph (a) of Paragraph I in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows: (a) The Senate and House of Representatives shall organize every four years beginning in 1989 and shall be a

Page 2115

different General Assembly for each four-year period. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. Bills pending at the final adjournment of the regular session in each odd-numbered year shall be carried forward to the regular session in the following even-numbered year. Bills pending at the final adjournment of the regular session in the even-numbered years shall not be carried forward. 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 change the terms of office of members of the General Assembly from two years to four years beginning with the terms of office of the members of the General Assembly elected at the 1988 state-wide general election? 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 2116

ATTORNEY GENERALMEMBERSHIP ON GEORGIA STATE FINANCING AND INVESTMENT COMMISSION AND COMMITTEE TO PREPARE OFFICIAL SUMMARY OF PROPOSED CONSTITUTIONAL AMENDMENTS. Proposed Amendment to the Constitution. No. 94 (Senate Resolution No. 247). A RESOLUTION Proposing an amendment to the Constitution so as to remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies; 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 VII of the Constitution is amended by striking subparagraph (a) and inserting in lieu thereof a new subparagraph (a) to read as follows: (a) There shall be a Georgia State Financing and Investment Commission. The commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, a member appointed by the Governor who shall not be the Attorney General, the director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating

Page 2117

the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law. Section 2 . Article X, Section 1 of the Constitution is amended by striking Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows: Paragraph II. Proposals by the General Assembly; submission to the people . A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by an appointee of the Governor who shall not be the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the `Constitutional Amendments Publication Board,' in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive

Page 2118

weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph. If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment. 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 remove the Attorney General from the Georgia State Financing and Investment Commission and from the committee which prepares the official summary of all proposed constitutional amendments and to provide for a replacement member on such bodies?

Page 2119

All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against reatifying 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. AD VALOREM TAXESHISTORIC PROPERTY. Proposed Amendment to the Constitution. No. 95 (Senate Resolution No. 265). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law; to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage preservation of historic properties and to assist in the revitalization of historic areas; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . Article VII, Section I, Paragraph III of the Constitution is amended by striking subparagraph (a) in its entirety and inserting in lieu thereof a new subparagraph (a) to read as follows:

Page 2120

(a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraphs (c) and (d), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Section 2 . Said Article VII, Section I, Paragraph III is further amended by striking subparagraph (d) in its entirety and inserting in lieu thereof new subparagraphs (d) and (e) to read as follows: (d) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property which is listed in the National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the preservation of such historic properties and to assist in the revitalization of historic areas. (e) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c) or (d). 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 authorize the General Assembly to establish as a separate class of property for ad valorem tax purposes any

Page 2121

tangible real property which is listed in the National Register of Historic Places or in a state historic register and to authorize the General Assembly to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage preservation of historic properties and assist in the revitalization of historic areas? 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. SOVEREIGN IMMUNITY AND OFFICIAL IMMUNITY. Proposed Amendment to the Constitution. No. 96 (Senate Resolution No. 267). A RESOLUTION Proposing an amendment to the Constitution so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 2122

Section 1 . Article I, Section II of the Constitution is amended by striking Paragraph IX which reads as follows: Paragraph IX. Sovereign immunity of the state from suit . (a) Sovereign immunity extends to the state and all of its departments and agencies. However, the defense of sovereign immunity is waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies. Also the defense of sovereign immunity is waived as to those actions for the recovery of damages for any claim against the state or any of its departments and agencies for which liability insurance protection for such claims has been provided but only to the extent of any liability insurance provided. Moreover, the sovereign immunity of the state or any of its departments and agencies may hereafter be waived further by Act of the General Assembly which specifically provides that sovereign immunity is hereby waived and the extent of the waiver. No waiver of sovereign immunity shall be construed as a waiver of any immunity provided to the state or its departments and agencies by the United States Constitution. The provisions of this paragraph shall not have the effect of permitting the state or any of its departments or agencies to interpose the defense of sovereign immunity as to any action against the state or any of its departments or agencies filed prior to January 1, 1983, if such defense could not have been interposed on December 31, 1982. (b) The General Assembly may provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein., and inserting in lieu thereof a new Paragraph IX to read as follows: Paragraph IX. Sovereign and official immunity from suit . (a) Sovereign immunity extends to the state and all of its departments, agencies, boards, commissions, and authorities. The waiver of immunity of counties, municipalities and school districts shall be provided pursuant to Article IX, Section II, Paragraph IX of this Constitution and such entities shall not be subject to this Paragraph.

Page 2123

(b) The defense of sovereign immunity is waived as to any action ex contractu for the recovery of actual damages for the breach of any written contract now existing or hereafter entered into by the state or any of its departments, agencies, boards, commissions, or authorities. (c) The General Assembly may provide for the purchase of liability insurance coverage for any or all state departments, agencies, boards, commissions, or authorities. The defense of sovereign immunity will be waived by the existence of such liability insurance coverage, but only as to the particular department, agency, board, commission, or authority named as an insured in the applicable liability insurance policy, and only for claims which are included within the coverage of the applicable liability insurance policy, and only to the extent that any damages awarded will be paid by the insurer pursuant to the applicable liability insurance policy. (d) Regardless of insurance, the defense of sovereign immunity will not be waived as to any claims for punitive, vindictive, or exemplary damages. (e) Official immunity extends to state officers and employees, so that they shall not be subject to liability arising from the performance of their discretionary functions, unless they are found to have acted with willfulness, fraud, malice, or corruption. (f) The General Assembly may provide for the purchase of liability insurance protection for state officers and employees to protect them from personal liability arising from the performance of the duties of their office or employment, to the extent that they are not otherwise immune from liability. The providing of such insurance will not waive the defense of sovereign immunity or the defense of official immunity. (g) The sovereign immunity of the state or of any of its departments, agencies, boards, commissions, or authorities may hereafter be waived further by Act of the General Assembly which specifically and explicitly states both that sovereign immunity is thereby waived and the extent of such waiver.

Page 2124

(h) The General Assembly may otherwise provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided in such law. Sovereign immunity will be waived only to the extent expressly provided in such legislation. (i) Any waiver of sovereign immunity or official immunity authorized or provided for under this Paragraph shall apply only to actions brought in the courts of Georgia. No such waiver of sovereign immunity shall constitute, nor shall it be construed as, a waiver of any immunity provided to the state by the Constitution of the United States. Section 2 . The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES () NO Shall the Constitution be amended so as to provide for sovereign immunity and official immunity and to provide for the circumstances and procedures under which such immunity shall be raised and to provide the General Assembly with certain authority to enact laws relating to sovereign and official immunity? 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 2125

ADDITIONAL PENALTIES OR FEES FOR COUNTY JAILS, CORRECTIONAL INSTITUTIONS, AND DETENTION FACILITIES. Proposed Amendment to the Constitution. No. 97 (Senate Resolution No. 347). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties; 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 IV of the Constitution is amended by adding at the end thereof a new subparagraph (g) to read as follows: (g) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties. 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 2126

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 general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties. 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. INDIGENT CARE TRUST FUNDCREATION AUTHORIZED; MEDICAID COVERAGE. Proposed Amendment to the Constitution. No. 98 (Senate Resolution No. 350). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the creation of an Indigent Care Trust Fund and authorize

Page 2127

contributions thereto and appropriations therefrom to expand Medicaid coverage; 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 to read as follows: (g) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any hospital, hospital authority, county, or municipality is authorized to contribute to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. Moneys in the fund shall be exclusively appropriated to expand Medicaid eligibility to persons and for services which would otherwise not be eligible for Medicaid coverage to provide for indigent care with programs for rural and disproportionate indigent care providers, and primary care health programs for indigent citizens of this State. Any other appropriation from the Indigent Care Trust Fund shall be void. Contributions to the fund shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Moneys in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly. 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 creation of an Indigent Care Trust Fund and authorize contributions thereto and appropriations therefrom to expand Medicaid coverage?

Page 2128

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

APPELLATE COURTS SUPREME COURT OF GEORGIA As of February 15, 1988 THOMAS O. MARSHALL Chief Justice HAROLD G. CLARKE Presiding Justice GEORGE T. SMITH Justice HARDY GREGORY, JR. Justice CHARLES L. WELTNER Justice RICHARD BELL Justice WILLIS HUNT, JR. Justice JOLINE BATEMAN WILLIAMS Clerk NATHANIEL J. MIDDLETON Deputy Clerk LYNN M. HOGG Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. FOSTER Assistant Reporter COURT OF APPEALS OF GEORGIA As of February 15, 1988 A.W. BIRDSONG, JR. Chief Judge WILLIAM LeROY McMURRAY, JR. Presiding Judge HAROLD R. BANKE Presiding Judge BRASWELL D. DEEN, JR. Presiding Judge GEORGE H. CARLEY Judge JOHN W. SOGNIER Judge MARION T. POPE, JR. Judge ROBERT BENHAM Judge DOROTHY TOTH BEASLEY Judge VICTORIA McLAUGHLIN Clerk GAIL ARCENEAUX Special Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. FOSTER Assistant Reporter SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of February 15, 1988 ALAPAHA CIRCUIT HONS. W.D. KNIGHT, Chief Judge, P.O. Box 846, Nashville, Ga. 31639 BROOKS E. BLITCH, Judge, P.O. Box 335, Homerville, Ga. 31634 LEW S. BARROW, D.A., Administrative Building, Nashville, Ga. 31639 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 II

ALCOVY CIRCUIT HONS. THOMAS W. RIDGWAY, Chief Judge, P.O. Box 805, Monroe, Ga. 30655 GREELEY ELLIS, Judge, P.O. Box 1146, Covington, Ga. 30209 JOHN M. OTT, D.A., Newton County Courthouse, Covington, Ga. 30209 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, P.O. Box 576, Blue Ridge, Ga. 30513 ROGER GLENN QUEEN, D.A., Gilmer County Courthouse, Ellijay, Ga. 30540 FanninSecond Monday in May and November GilmerSecond Monday in April and October PickensSecond Monday in March and September ATLANTA CIRCUIT HONS. JOEL L. FRYER, Chief Judge, Fulton County Courthouse, Atlanta, Ga. 30303 JOHN S. LANGFORD, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 LUTHER ALVERSON, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 OSGOOD O. WILLIAMS, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 RALPH H. HICKS, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 FRANK M. ELDRIDGE, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 WILLIAM W. DANIEL, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 ISAAC JENRETTE, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 CLARENCE COOPER, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 PHILIP F. ETHERIDGE, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 DON A. LANGHAM, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 WILLIAM H. ALEXANDER, Judge, Fulton County Courthouse, Atlanta, Ga. 30303 LEWIS R. SLATON, D.A., Fulton County Courthouse, Atlanta, Ga. 30303 FultonFirst Monday in January, March, May, July, September and November. ATLANTIC CIRCUIT HONS. JOHN R. HARVEY, Chief Judge, P.O. Box 1018, Pembroke, Ga. 31321 JAMES EMORY FINDLEY, Judge, P.O. Box 910, Reidsville, Ga. 30453 DAVID L. CAVENDER, Judge, P.O. Box 713, Hinesville, Ga. 31313 DUPONT KIRK CHENEY, D.A., P.O. Box 9, Hinesville, Ga. 31313 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., Chief Judge, 305 City-County Building, Augusta, Ga. 30911 FRANKLIN H. PIERCE, Judge, 305 City-County Building, Augusta, Ga. 30911 ALBERT McELVEEN PICKETT, Judge, 311 City-County Building, Augusta, Ga. 30911 BERNARD J. MULHERIN, SR., Judge, 601 City-County Building, Augusta, Ga. 30911 JOHN H. RUFFIN, JR., Judge, 601 City-County Building, Augusta, Ga. 30911 SAM SIBLEY, JR., D.A., 401 Walton Way, Room A-121, Augusta, Ga. 30911 BurkeFourth Monday in April and October ColumbiaFourth Monday in March and September RichmondThird Monday in January, March, May, July, September and November

Page III

BLUE RIDGE CIRCUIT HONS. FRANK C. MILLS, III, Chief Judge, Cherokee County Courthouse, Canton, Ga. 30114 RICHARD S. (STAN) GAULT, Judge, Forsyth County Courthouse, Cumming, Ga. 30130 RAFE BANKS, D.A., P.O. Box 1318, Cumming, Ga. 30130 CherokeeSecond Monday in January, May and September ForsythSecond Monday in March, July, and November BRUNSWICK CIRCUIT HONS. GORDON KNOX, JR., Chief Judge, P.O. Box 236, Hazlehurst, Ga. 31539 WILLIAM R. KILLIAN, Judge, P.O. Box 1553, Brunswick, Ga. 31521 A. BLENN TAYLOR, JR., Judge, P.O. Box 879, Brunswick, Ga. 31521 JAMES R. TUTEN, JR., Judge, P.O. Box 1473, Brunswick, Ga. 31521 GLENN THOMAS, JR., D.A., P.O. Box 416, Jesup, Ga. 31545 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, P.O Box 1340, Columbus, Ga. 31993 E. MULLINS WHISNANT, Judge, P.O. Box 1340, Columbus, Ga. 31993 KENNETH B. FOLLOWILL, Judge, P.O. Box 1340, Columbus Ga. 31993 MRS. RUFE E. McCOMBS, Judge, P.O. Box 1340, Columbus, Ga. 31993 WILLIAM J. (BILL) SMITH, D.A., P.O. Box 1340, Columbus, Ga. 31993 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, P.O. Box 1047, Cartersville, Ga. 30120 TOM POPE, Judge, P.O. Box 1117, Calhoun, Ga. 30701 DARRELL E. WILSON, D.A., P.O. Box 907, Cartersville, Ga. 30120 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, Jonesboro, Ga. 30236 WILLIAM H. BILL ISON, Judge, Clayton County Courthouse, Jonesboro, Ga. 30236 STEPHEN E. BOSWELL, Judge, Clayton County Courthouse Annex, Jonesboro, Ga. 30236 KENNETH KILPATRICK, Judge, Clayton County Courthouse, Jonesboro, Ga. 30236 ROBERT E. KELLER, D.A., Clayton County Courthouse Annex, Jonesboro, Ga. 30236 ClaytonFirst Monday in February, May, August and November

Page IV

COBB CIRCUIT HONS. WATSON L. WHITE, Chief Judge, 30 Waddell St., Marietta, Ga. 30090 GRANT BRANTLEY, Judge, 30 Waddell St., Marietta, Ga. 30090 DOROTHY A. ROBINSON, Judge, 30 Waddell St., Marietta, Ga. 30090 HARRIS HINES, Judge, 30 Waddell St., Marietta, Ga. 30090 GEORGE H. KREEGER, Judge, 30 Waddell St., Marietta, Ga. 30090 TOM CAUTHORN, Judge, 250 Hardage Dr., Marietta, Ga. 30064 ROBERT E. FLOURNOY, Judge, 30 Waddell St., Marietta, Ga. 30090 TOM CHARRON, D.A., 30 Waddell St., Marietta, Ga. 30090 CobbSecond Monday in January, March, May, July, September and November CONASAUGA CIRCUIT HONS. COY H. TEMPLES, Chief Judge, P.O. Box 732, Dalton, Ga. 30722 CHARLES A. PANNELL, JR., Judge, P.O. Box 596, Dalton, Ga. 30722 WILLIAM T. BOYETT, Judge, P.O. Box 2582, Dalton, Ga. 30722 JACK PARTAIN, D.A., P.O. Box 953, Dalton, Ga. 30722 MurraySecond Monday in February and August WhitfieldSecond Monday in January and July CORDELE CIRCUIT HONS. WHITFIELD R. FORRESTER, Chief Judge, P.O. Box 701, Cordele, Ga. 31015 G. MALLON FAIRCLOTH, Judge, P.O. Box 873, Cordele, Ga. 31015 JOHN C. PRIDGEN, D.A., Crisp County Courthouse, Cordele, Ga. 31015 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. DEWEY SMITH, Chief Judge, P.O. Box 623, Carrollton, Ga. 30117 WILLIAM F. LEE, JR., Judge, P.O. Box 8, Newnan, Ga. 30264 ALLEN B. KEEBLE, Judge, Troup County Courthouse, LaGrange, Ga. 30240 WILLIAM GRADY HAMRICK, JR., D.A., P.O. Box 157, Carrollton, Ga. 30117 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, P.O. Drawer 1827, Albany, Ga. 31703 LORING ALBERT GRAY, Judge, P.O. Drawer 1827, Albany, Ga. 31703 HOBART M. HIND, D.A., P.O. Drawer 1827, Albany, Ga. 31703 DoughertySecond Monday in January, March, May, July, September and November

Page V

DOUGLAS CIRCUIT HONS. ROBERT J. NOLAND, Chief Judge, P.O. Box 578, Douglasville, Ga. 30133 ROBERT J. BOB JAMES, Judge, P.O. Box 794, Douglasville, Ga. 30133 FRANK C. WINN, D.A., Douglas County Courthouse, Douglasville, Ga. 30134 DouglasSecond Monday in April and October DUBLIN CIRCUIT HONS. WILLIAM MALCOLM TOWSON, Chief Judge, P.O. Box 2069, Dublin, Ga. 31040 DUBIGNION (DUB) DOUGLAS, Judge, P.O. Box 2117, Dublin, Ga. 31040 BEVERLY B. HAYES, JR., D.A., P.O. Box 2043, Dublin, Ga. 31040 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, Savannah, Ga. 31401 EUGENE H. GADSDEN, Judge, Chatham County Courthouse, Savannah, Ga. 31401 PERRY BRANNEN, JR., Judge, Chatham County Courthouse, Savannah, Ga. 31401 JAMES HEAD, Judge, Chatham County Courthouse, Savannah, Ga. 31401 SPENCER LAWTON, JR., D.A., P.O. Box 2309, Savannah, Ga. 31402 ChathamFirst Monday in March, June, September and December FLINT CIRCUIT HONS. SAM L. WHITMIRE, Chief Judge, P.O. Box 399, Barnesville, Ga. 30204 WILLIAM H. (HAL) CRAIG, Judge, Henry County Courthouse, McDonough, Ga. 30253 E. BYRON SMITH, D.A., Lamar County Courthouse, Barnesville, Ga. 30204 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, P.O. Box 627, Griffin, Ga. 30224 BEN J. MILLER, Judge, P.O. Box 307, Thomaston, Ga. 30286 PASCHAL A. ENGLISH, JR., Judge, Fayette County Courthouse, Fayetteville, Ga. 30214 JOHNNIE L. CALDWELL, JR., D.A., P.O. Box 1191, Thomaston, Ga. 30286 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 VI

GWINNETT CIRCUIT HONS. HOMER M. STARK, Chief Judge, P.O. Box 8, Lawrenceville, Ga. 30246 DAWSON JACKSON, Judge, P.O. Box 813, Lawrenceville, Ga. 30246 JAMES A. HENDERSON, Judge, P.O. Box 880, Lawrenceville, Ga. 30246 BRYANT HUFF, Judge, P.O. Box 1325, Lawrenceville, Ga. 30246 RICHARD T. WINEGARDEN, Judge, P.O. Box 1150, Lawrenceville, Ga. 30246 TOM LAWLER, D.A., P.O. Box 569, Lawrenceville, Ga. 30246 GwinnettFirst Monday in January, March, May, July and November; second Monday in September HOUSTON CIRCUIT HONS. L.A. McCONNELL, JR., Chief Judge, Houston County Courthouse, Perry, Ga. 31069 GEORGE FRANCIS NUNN, JR., Judge, Houston County Courthouse, Perry, Ga. 31069 THERON FINLAYSON, D.A., 1009 Jernigan St., Perry, Ga. 31069 HoustonFirst Monday in January, March, May, July, September and November LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. BO LOGGINS, Chief Judge, P.O. Box 464, Summerville, Ga. 30747 JOE B. TUCKER, Judge, Catoosa County Courthouse, Ringgold, Ga. 30736 JON BOLLING WOOD, Judge, P.O. Box 1185, LaFayette, Ga. 30728 DAVID L. (RED) LOMENICK, JR., D.A., P.O. Box 1025, LaFayette, Ga. 30728 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, Macon, Ga. 31201 WALKER P. JOHNSON, JR., Judge, Bibb County Courthouse, Macon, Ga. 31201 TOMMY DAY WILCOX, Judge, Bibb County Courthouse, Macon, Ga. 31201 BRYANT CULPEPPER, Judge, Bibb County Courthouse, Macon, Ga. 31201 WILLIS SPARKS, D.A., 3rd Floor, Grant Building, Macon, Ga. 31201 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, P.O. Box 1015, Sandersville, Ga. 31082 MARVIN B. HARTLEY, JR., Judge, P.O. Box 869, Lyons, Ga. 30436 RICHARD A. MALONE, D.A., P.O. Drawer 1409, Swainsboro, Ga. 30401 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 VII

MOUNTAIN CIRCUIT HONS. JACK N. GUNTER, Chief Judge, P.O. Box 485, Clarkesville, Ga. 30523 ROBERT B. STRUBLE, Judge, P.O. Box 758, Toccoa, Ga. 30577 MIKE CRAWFORD, D.A., P.O. Box 738, Clarkesville, Ga. 30523 HabershamJanuary 1 and July 1 RabunJanuary 1 and July 1 StephensJanuary 1 and July 1 TownsJanuary 1 and July 1 UnionJanuary 1 and July 1 NORTHEASTERN CIRCUIT HONS. J.D. SMITH, Presiding Judge, P.O. Box 46, Gainesville, Ga. 30503 RICHARD WAYNE STORY, Judge, P.O. Box 1778, Gainesville, Ga. 30503 JOHN GIRARDEAU, Judge, P.O. Box 49, Gainesville, Ga. 30503 ANDY FULLER, D.A., P.O. Box 1690, Gainesville, Ga. 30503 DawsonFirst Monday in February and August HallFirst Monday in May and November; second Monday in January and July LumpkinFourth Monday in February and August WhiteFirst Monday in April and October NORTHERN CIRCUIT HONS. WILLIAM F. GRANT, Chief Judge, P.O. Box 1009, Elberton, Ga. 30635 GEORGE H. BRYANT, Judge, P.O. Box 950, Hartwell, Ga. 30643 LINDSAY A. TISE, JR., D.A., P.O. Box 633, Hartwell, Ga. 30643 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. HUGH P. THOMPSON, Chief Judge, P.O. Box 70, Eatonton, Ga. 31024 WILLIAM A. PRIOR, JR., Judge, P.O. Box 728, Madison, Ga. 30650 JOHN LEE PARROTT, Judge, P.O. Box 500, Eatonton, Ga. 31024 JOE BRILEY, D.A., P.O. Box 361, Gray, Ga. 31032 BaldwinSecond Monday in January, April, July and October GreeneFourth Monday in January, April, August, and November HancockFourth Monday in March and September 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 WilkinsonFourth Monday in February; first Monday in April and October; third Monday in August

Page VIII

OCONEE CIRCUIT HONS. HUGH LAWSON, Chief Judge, P.O. Box 269, Hawkinsville, Ga. 31036 PHILLIP R. WEST, Judge, P.O. Box 571, Eastman, Ga. 31023 JIM WIGGINS, D.A., P.O. Box 1007, Eastman, Ga. 31023 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, P.O. Box 803, Statesboro, Ga. 30458 WILLIAM J. NEVILLE, Judge, P.O. Box 1453, Statesboro, Ga. 30458 J. LANE JOHNSTON, D.A., P.O. Box 973, Statesboro, Ga. 30458 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, P.O. Drawer 190, Blakely, Ga. 31723 LOWREY S. STONE, Judge, P.O. Drawer 687, Blakely, Ga. 31723 CHARLES M. FERGUSON, D.A., P.O. Box 331, Cuthbert, Ga. 31740 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, P.O. Box 8, Jefferson, Ga. 30549 THADDEUS PENN McWHORTER, Judge, P.O. Box 685, Winder, Ga. 30680 TIM MADISON, D.A., P.O. Box 268, Winder, Ga. 30680 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, P.O. Box 978, Conyers, Ga. 30207 ROBERT F. MUMFORD, D.A., Rockdale County Courthouse, Conyers, Ga. 30207 RockdaleFirst Monday in January, April, July and October

Page IX

ROME CIRCUIT HONS. ROBERT L. ROYAL, Presiding Judge, Floyd County Courthouse, Rome, Ga. 30161 JOHN A. FRAZIER, Judge, Floyd County Courthouse, Rome, Ga. 30161 ROBERT G. WALTHER, Judge, Floyd County Courthouse, Rome, Ga. 30161 STEVE LANIER, D.A., Floyd County Courthouse, Rome, Ga. 30161 FloydSecond Monday in January, March, July and September; first Monday in May and November SOUTH GEORGIA CIRCUIT HONS. A. WALLACE CATO, Chief Judge, P.O. Box 65, Bainbridge, Ga. 31717 WILLARD H. CHASON, Judge, P.O. Box 774, Cairo, Ga. 31728 J. BROWN MOSELEY, D.A., P.O. Box 1843, Bainbridge, Ga. 31717 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. GEORGA A. HORKAN, JR., Chief Judge, P.O. Box 682, Moultrie, Ga. 31768 ROY MILLER LILLY, Judge, P.O. Box 71, Thomasville, Ga. 31799 H. ARTHUR McLANE, Judge, P.O. Box 1349, Valdosta, Ga. 31603 H. LAMAR COLE, D.A., P.O. Box 99, Valdosta, Ga. 31603 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, P.O. Box 784, Americus, Ga. 31709 THAD GIBSON, Judge, P.O. Box 784, Americus, Ga. 31709 JOHN R. PARKS, D.A., P.O. Box 1328, Americus, Ga. 31709 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, Decatur, Ga. 30030 HILTON FULLER, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 JAMES H. (JIM) WEEKS, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 DAN COURSEY, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 CAROL W. HUNSTEIN, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 ROBERT JOSEPH CASTELLANI, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 CLARENCE F. CHUCK SEELIGER, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 JOHATHAN C. PETERS, Judge, DeKalb County Courthouse, Decatur, Ga. 30030 BOB WILSON, D.A., DeKalb County Courthouse, Decatur, Ga. 30030 DeKalbFirst Monday in January, March, May, July, September and November

Page X

TALLAPOOSA CIRCUIT HONS. DAN P. WINN, Chief Judge, Polk County Courthouse, Cedartown, Ga. 30125 ARTHUR W. FUDGER, Judge, P.O. Box 186, Buchanan, Ga. 30113 W.A. (BILL) FOSTER, III, D.A., Paulding County Courthouse, Dallas, Ga. 30312 HaralsonThird Monday in March and November PauldingThird Monday in February and October PolkThird Monday in January and September TIFTON CIRCUIT HONS. W.J. FOREHAND, Chief Judge, P.O. Box 1465, Tifton, Ga. 31794 JOHN D. CROSBY, Judge, P.O. Box 891, Tifton, Ga. 31794 DAVID E. PERRY, D.A., P.O. Box 1252, Tifton, Ga. 31793 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, P.O. Box 27, Thompson, Ga. 30824 E. PURNELL DAVIS, Judge, P.O. Box 66, Warrenton, Ga. 30828 DENNIS CARL SANDERS, D.A., P.O. Box 966, Thompson, Ga. 30824 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, P.O. Box 1205, Douglas, Ga. 31533 CLARENCE D. BLOUNT, Judge, Ware County Courthouse, Waycross, Ga. 31501 JOSEPH B. NEWTON, Judge, P.O. Box 1507, Waycross, Ga. 31501 DONNIE DIXON, D.A., 201 State Street, Waycross, Ga. 31501 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, P.O. Box 167, Athens, Ga. 30603 JOSEPH J. GAINES, Judge, P.O. Box 8045, Athens, Ga. 30603 HARRY N. GORDON, D.A., 193 E. Hancock Ave., Athens, Ga. 30601 ClarkeSecond Monday in January, April, July and October OconeeSecond Monday in March and September

Page XI

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Seed-Capital Fund; creation authorized 2106 State Housing Trust Fund for the Homeless; expenditure of funds 2098 Special service districts; temporary loans 2108 Export Finance Fund; creation 2110 Industrial areas; removal of property and adjacent public rights of way; islands 2112 Commission to renumber and redesignate provisions of the Constitution 2104 Victims of crime; compensation 2096 Indigent Care Trust Fund; creation authorized; Medicaid coverage 2126 General Assembly; members; terms of office 2114 Commissioner of education; office created; appointment 2100 Sovereign immunity and official immunity 2121 Historic property; ad valorem taxes 2119 Attorney General; membership on Georgia State Financing and Investment Commission and committee to prepare summary of proposed constitutional amendments 2116 Additional penalties or fees for county jails, correctional institutions, and detention facilities 2125 OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 2-3-5; amended 200 Code Section 2-4-3; amended 426 Code Section 2-6-22; amended 269 Code Section 2-6-23; amended 269 Code Section 2-6-24; amended 269 Code Section 2-6-25; amended 269 Code Section 2-6-26; amended 269 Code Section 2-6-27; amended 1336 Code Section 2-6-27; amended 269 Code Section 2-6-28; amended 269 Code Section 2-6-29; amended 269 Code Section 2-6-30; amended 269 Code Section 2-6-31; amended 269 Code Section 2-6-32; amended 269 Code Section 2-6-33; amended 269 Code Section 2-6-36; amended 269 Code Section 2-6-45; amended 269 Code Section 2-6-46; amended 269 Code Section 2-6-47; amended 269 Code Section 2-6-48; amended 269 Code Section 2-6-49; amended 269 Code Section 2-6-50; amended 269 Code Section 2-7-170; enacted 1409 Code Section 2-9-32; amended 748 Code Section 2-9-41; amended 748 Code Section 2-10-4; amended 426 Code Section 2-11-29; amended 426 Code Section 3-3-7; amended 232

Page XII

Code Section 3-3-23; amended 1372 Code Sections 3-3-40 through 3-3-46; enacted 212 Code Section 3-6-21.2; enacted 222 Code Section 4-3-10; amended 325 Code Section 4-8-7; amended 824 Code Sections 4-8-20 through 4-8-29; enacted 824 Code Section 5-3-30; amended 253 Code Section 5-6-34; amended 1437 Code Section 5-6-35; amended 1357 Code Section 5-6-38; amended 1437 Code Section 6-3-20.1; enacted 1845 Code Section 7-1-293; amended 13 Code Section 7-1-311; amended 1494 Code Section 7-1-315; enacted 1494 Code Section 7-1-483; amended 296 Code Section 7-1-620; amended 13 Code Section 7-1-622; amended 13 Code Section 7-1-940 through 7-1-958; enacted 804 Code Section 7-4-2; amended 534 Code Section 7-5-2; amended 13 Code Section 8-3-13; amended 901 Code Section 8-3-172; amended 1550 Code Section 8-3-176; amended 1550 Code Section 8-3-177; amended 1550 Code Section 8-3-199; enacted 1550 Code Section 8-3-199.1; enacted 1550 Code Sections 8-3-200 through 8-3-208; repealed 698 Code Sections 8-3-200 through 8-3-215; enacted 698 Code Sections 8-3-300 through 8-3-310; enacted 717 Code Sections 8-6-1 through 8-6-4; enacted 821 Code Section 9-3-30.1; enacted 1996 Code Section 9-7-22; amended 408 Code Title 9, Chapter 9; revised 903 Code Section 9-11-34; amended 375 Code Section 9-12-135; amended 320 Code Section 10-1-39; enacted 861 Code Section 10-1-40; enacted 861 Code Section 10-1-41; enacted 861 Code Section 10-1-310; amended 324 Code Section 10-1-392; amended 13 Code Section 10-1-393; amended 1657 Code Section 10-1-393; amended 399 Code Section 10-1-393; amended 13 Code Section 10-1-393; amended 983 Code Section 10-1-395; amended 426 Code Section 10-1-397; amended 983 Code Section 10-1-397; amended 1659 Code Section 10-1-397; amended 1659 Code Section 10-1-398.1; enacted 1659 Code Section 10-1-399; amended 983 Code Section 10-1-403; amended 1659 Code Section 10-1-404; amended 1659

Page XIII

Code Section 10-1-405; amended 1659 Code Sections 10-1-410 through 10-1-417; enacted 1868 Code Sections 10-1-410 through 10-1-416; repealed 1868 Code Section 10-1-441; amended 1458 Code Section 10-1-450; amended 1458 Code Sections 10-1-510 through 10-1-514; repealed 1868 Code Section 10-4-10; amended 750 Code Section 10-4-117.1; enacted 373 Code Section 10-5-2; amended 1290 Code Section 10-5-3; amended 1290 Code Section 10-5-4; amended 1290 Code Section 10-5-10; amended 1290 Code Section 10-5-11; amended 1290 Code Section 10-5-12; amended 1290 Code Section 10-5-13; amended 1290 Code Section 10-5-14; amended 1290 Code Section 10-5-16; amended 1290 Code Section 10-5-20; amended 1290 Code Section 10-5-23.1; enacted 1290 Code Section 10-5A-1 through 10-5A-31; enacted 1636 Code Section 10-9-3; amended 556 Code Section 10-9-4; amended 556 Code Section 10-9-14; amended 556 Code Section 10-9-16.1; enacted 673 Code Sections 10-9-40 through 10-9-60; enacted 556 Code Section 11-9-403; amended 13 Code Section 12-3-80; amended 945 Code Section 12-3-81; amended 945 Code Section 12-3-82; amended 945 Code Section 12-3-194; amended 218 Code Section 12-5-29; amended 1343 Code Section 12-5-31; amended 1694 Code Section 12-5-92; amended 1694 Code Section 12-5-96; amended 1694 Code Section 12-5-97; amended 1694 Code Section 12-5-102; amended 1694 Code Section 12-5-105; amended 1694 Code Section 12-5-123; amended 1373 Code Section 12-5-127; amended 1373 Code Section 12-5-134; amended 1373 Code Section 12-5-372; amended 269 Code Section 12-5-373; amended 269 Code Section 12-5-376.1; amended 269 Code Section 12-5-383; amended 269 Code Section 12-6-41; amended 953 Code Section 12-6-42; amended 953 Code Section 12-6-43; amended 953 Code Section 12-6-46; amended 953 Code Section 12-6-47; amended 953 Code Section 12-6-48; amended 953 Code Section 12-6-52; amended 953 Code Section 12-6-53; repealed 953

Page XIV

Code Section 12-6-57; amended 953 Code Section 12-6-58; amended 953 Code Section 12-6-59; repealed 953 Code Section 12-6-63; amended 953 Code Section 12-6-90; amended 477 Code Section 12-6-91; amended 477 Code Section 12-7-3; amended 269 Code Section 12-7-75; amended 269 Code Section 12-7-7; amended 269 Code Section 12-7-8; amended 269 Code Section 12-8-21; amended 1965 Code Section 12-8-22; amended 1965 Code Section 12-8-23; amended 1965 Code Section 12-8-23.1; enacted 1965 Code Section 12-8-27; amended 1965 Code Section 12-8-28; amended 1965 Code Section 12-8-28.1; enacted 251 Code Section 12-8-28.1; enacted 215 Code Section 12-8-41; amended 1965 Code Section 12-8-43; enacted 1965 Code Section 12-8-44; enacted 1965 Code Section 12-8-62; amended 727 Code Section 12-8-64; amended 727 Code Section 12-8-65; amended 727 Code Section 12-8-71; amended 727 Code Section 12-8-101; amended 1934 Code Section 12-8-102; amended 426 Code Section 12-8-103.1; enacted 1934 Code Section 12-8-103.2; enacted 1934 Code Section 12-8-112.1; enacted 1934 Code Section 12-8-112.2; enacted 1934 Code Section 12-8-122; amended 948 Code Section 12-8-141; amended 13 Code Sections 12-13-1 through 12-13-4; enacted 354 Code Sections 12-13-1 through 12-13-22; enacted 2072 Code Section 13-5-30; amended 403 Code Section 13-10-1; amended 348 Code Title 14, Chapter 2; revised 1070 Code Title 14, Chapter 2, Article 11A; enacted 158 Code Section 14-2-371; amended 303 Code Section 14-2-410; amended 157 Code Section 14-2-410; amended 303 Code Section 14-3-291; amended 303 Code Section 14-3-330; amended 303 Code Section 14-3-330; amended 157 Code Section 14-5-5; repealed 1070 Code Section 14-5-10; repealed 1070 Code Section 14-7-5; amended 1369 Code Sections 14-9-1 through 14-9-130; redesignated as Code Sections 14-9A-1 through 14-9A-130 1016 Code Sections 14-9-100 through 14-9-1204; enacted 1016 Code Section 14-9A-2.1; enacted 1016

Page XV

Code Section 14-9A-110; amended 1016 Code Section 15-1-9.1; amended 1958 Code Section 15-3-13; enacted 1856 Code Section 15-3A-2; amended 13 Code Section 15-5-21; amended 13 Code Section 15-6-2; amended 234 Code Section 15-6-2; amended 223 Code Section 15-6-3; amended 551 Code Section 15-6-3; amended 257 Code Section 15-6-3; amended 258 Code Section 15-6-18; amended 259 Code Section 15-6-71; repealed 893 Code Section 15-6-77; amended 320 Code Section 15-6-77.3; amended 13 Code Section 15-6-77.4; amended 13 Code Section 15-6-87.1; enacted 303 Code Section 15-6-88; amended 931 Code Section 15-6-93; amended 489 Code Section 15-7-26; enacted 461 Code Section 15-9-1.1; amended 746 Code Section 15-9-11.1; amended 586 Code Section 15-9-15; enacted 743 Code Section 15-9-30; amended 745 Code Section 15-9-30.3; enacted 1418 Code Section 15-9-36; amended 586 Code Section 15-9-60.1; amended 13 Code Section 15-9-63; amended 931 Code Section 15-9-120; amended 745 Code Section 15-9-120; amended 746 Code Section 15-9-120; amended 743 Code Section 15-10-7; enacted 461 Code Section 15-10-23; amended 424 Code Section 15-10-50; amended 267 Code Section 15-10-82; amended 267 Code Section 15-10-201; amended 13 Code Section 15-11-35.1; enacted 1799 Code Section 15-11-110; amended 13 Code Section 15-11-111; amended 661 Code Section 15-11-112; amended 661 Code Section 15-11-113; amended 661 Code Section 15-11-114; amended 661 Code Section 15-11-114; amended 13 Code Section 15-11-117; amended 661 Code Section 15-11-118; amended 661 Code Section 15-12-7; amended Vetoed SB 516 Code Section 15-12-40; amended 13 Code Section 15-12-77; repealed 549 Code Section 15-16-20; amended 931 Code Section 15-16-21; amended 548 Code Section 15-16-40; enacted 585 Code Section 15-21-73; amended 286 Code Section 16-5-60; amended 1799

Page XVI

Code Section 16-5-61; enacted 694 Code Section 16-6-12; amended 1797 Code Section 16-6-13; amended 1797 Code Section 16-6-15; amended 1797 Code Section 16-8-4; amended 763 Code Section 16-8-19; repealed 763 Code Section 16-8-60; amended 13 Code Section 16-9-4; enacted 760 Code Section 16-9-20; amended 268 Code Section 16-9-20; amended 762 Code Section 16-9-51; amended 299 Code Section 16-9-59; amended 13 Code Section 16-9-60; enacted 1469 Code Section 16-10-24.1; enacted 301 Code Section 16-10-51; amended 670 Code Section 16-10-93; amended 316 Code Section 16-10-94.1; enacted 412 Code Section 16-10-97; enacted 391 Code Section 16-11-130; amended 472 Code Section 16-12-38; amended 1868 Code Section 16-12-100; amended 11 Code Section 16-12-121; amended 415 Code Section 16-12-122; amended 415 Code Section 16-12-123; amended 415 Code Section 16-12-124; amended 415 Code Section 16-13-21; amended 1065 Code Section 16-13-26; amended 420 Code Section 16-13-30.2; enacted 1065 Code Section 16-13-31; amended 420 Code Section 16-13-49; amended 958 Code Section 17-4-20; amended 1251 Code Section 17-6-1; amended 358 Code Section 17-7-131; amended 1003 Code Section 17-7-171; amended 1437 Code Section 17-10-1; amended 463 Code Section 17-10-15; enacted 1799 Code Section 17-10-35.1; enacted 1437 Code Section 17-10-35.2; enacted 1437 Code Section 17-10-36; amended 1437 Code Section 17-10-41; amended 252 Code Sections 17-10-60 through 17-10-71; enacted 1003 Code Sections 17-10-60 through 17-10-63; repealed 1003 Code Section 17-11-21; amended 1859 Code Section 17-11-22; amended 1859 Code Section 17-11-23; amended 1859 Code Sections 17-15-1 through 17-15-13; enacted 591 Code Section 19-1-1; amended 474 Code Section 19-2-4; amended 1720 Code Section 19-3-35.1; enacted 1799 Code Section 19-5-15; amended 1720 Code Section 19-7-1; amended 1720 Code Section 19-7-3; amended 864

Page XVII

Code Section 19-7-5; amended 1624 Code Section 19-7-20; amended 1720 Code Section 19-7-22; amended 1720 Code Section 19-7-23; amended 1720 Code Section 19-7-24; amended 1720 Code Section 19-7-25; amended 1720 Code Section 19-7-26; amended 1720 Code Section 19-8-7; amended 1720 Code Section 19-8-10; amended 864 Code Section 19-9-1; amended 1368 Code Section 19-9-42; amended 1408 Code Section 19-10-1; amended 1720 Code Section 19-11-9.1; amended 13 Code Section 19-11-43; amended 1720 Code Section 19-13-1; amended 1251 Code Section 19-13-3; amended 1248 Code Section 19-13-3; amended 320 Code Section 19-13-4; amended 1250 Code Section 19-13-6; amended 1249 Code Section 19-13-20; amended 1287 Code Section 19-13-20; amended 13 Code Section 19-13-21; amended 1287 Code Section 19-13-22; amended 1287 Code Section 20-2-19; enacted 612 Code Section 20-2-58; amended 612 Code Section 20-2-109; amended 612 Code Section 20-2-133; amended 612 Code Section 20-2-143; enacted 868 Code Section 20-2-152; amended 612 Code Section 20-2-154; amended 612 Code Section 20-2-160; amended 1991 Code Section 20-2-162; amended 1991 Code Section 20-2-165; amended 612 Code Section 20-2-167; amended 1412 Code Section 20-2-168; amended 9 Code Section 20-2-169; enacted 1252 Code Section 20-2-182; amended 612 Code Section 20-2-182; amended 1496 Code Section 20-2-182; amended 1412 Code Section 20-2-188; amended 321 Code Section 20-2-200; amended 1735 Code Section 20-2-210; amended 612 Code Section 20-2-212; amended 612 Code Section 20-2-216; amended 612 Code Section 20-2-230; amended 612 Code Section 20-2-232; amended 1412 Code Section 20-2-274; amended 612 Code Section 20-2-282; amended 1848 Code Section 20-2-292; amended 612 Code Section 20-2-304; repealed 1252 Code Section 20-2-311; repealed 1252 Code Section 20-2-320; amended 1848

Page XVIII

Code Section 20-2-552; amended 426 Code Section 20-2-773; enacted 868 Code Section 20-2-850; amended 1496 Code Section 20-2-853; enacted 1496 Code Section 20-2-890; amended 393 Code Section 20-2-892; amended 319 Code Section 20-2-896; enacted 393 Code Section 20-2-917; amended 393 Code Section 20-2-924; enacted 393 Code Section 20-2-962; amended 612 Code Sections 20-2-989.1 through 20-2-989.5; enacted Vetoed SB 638 Code Section 20-2-1140; repealed 1252 Code Section 20-2-1141; repealed 1252 Code Section 20-2-2001; amended 1960 Code Section 20-2-2002; amended 1960 Code Section 20-2-2005; amended 13 Code Section 20-2-2005; amended 1960 Code Section 20-2-2018; amended 1960 Code Section 20-2-2020; amended 1960 Code Section 20-3-83; enacted 1068 Code Section 20-3-152; amended 426 Code Section 20-3-411; amended Vetoed SB 424 Code Section 20-3-511; amended 545 Code Sections 20-4-10 through 20-4-34; enacted 1252 Code Sections 20-4-20 through 20-4-26; repealed 1252 Code Sections 20-4-40 through 20-4-47; amended 1252 Code Section 20-4-100; repealed 1252 Code Section 20-8-5; amended 612 Code Section 21-1-2; amended 426 Code Section 21-2-2; amended 964 Code Section 21-2-131; amended 294 Code Section 21-2-212; amended 752 Code Section 21-2-217; amended 647 Code Section 21-2-221; amended 639 Code Section 21-2-226; amended 752 Code Section 21-2-227; amended 752 Code Section 21-2-228; amended 752 Code Section 21-2-240; amended 926 Code Section 21-2-240; amended 928 Code Section 21-2-246; enacted 752 Code Section 21-2-325; amended 647 Code Section 21-2-365; enacted 964 Code Section 21-2-381; amended 641 Code Section 21-2-385; amended 641 Code Section 21-2-414; amended 647 Code Section 21-3-2; amended 964 Code Section 21-3-64; amended 765 Code Section 21-3-98; amended 964 Code Section 21-3-120; amended 752 Code Section 21-3-125; amended 639 Code Section 21-3-126; amended 752 Code Section 21-3-130; amended 752

Page XIX

Code Section 21-3-130.1; enacted 752 Code Section 21-3-140; amended 928 Code Section 21-3-140; amended 926 Code Section 21-3-143; enacted 752 Code Section 21-3-264; enacted 964 Code Section 21-3-283; amended 641 Code Section 21-3-285; amended 641 Code Section 21-3-321; amended 647 Code Section 21-5-9; amended 603 Code Section 21-5-30; amended 603 Code Section 21-5-31; amended 603 Code Section 21-5-32; amended 603 Code Section 21-5-34; amended 603 Code Section 21-5-50; amended 603 Code Section 21-5-53; amended 603 Code Section 22-2-106; amended 408 Code Section 24-3-17; enacted 470 Code Section 24-9-40.1; enacted 1799 Code Section 24-9-47; enacted 1799 Code Section 24-10-25; amended Vetoed HB 1292 Code Section 24-10-27; amended Vetoed HB 1292 Code Section 24-10-60; amended 1732 Code Section 25-2-13; amended 668 Code Section 26-4-41; amended 530 Code Section 27-1-2; amended 848 Code Section 27-2-4; amended 842 Code Section 27-2-5; amended 842 Code Section 27-2-7; amended 842 Code Section 27-2-9; amended 848 Code Section 27-2-21; amended 842 Code Section 27-2-23; amended 13 Code Section 27-3-15; amended 323 Code Section 27-3-15; amended 835 Code Section 27-3-15; amended 848 Code Section 27-3-19; amended 848 Code Section 27-3-25; enacted 842 Code Section 27-3-44; amended 835 Code Section 27-3-73; amended 848 Code Section 27-4-10; amended 552 Code Section 27-4-11; amended 541 Code Section 27-4-32; amended 306 Code Section 27-4-34; amended 366 Code Section 27-4-138; amended 364 Code Section 27-4-195; amended 1435 Code Section 27-4-234; enacted 370 Code Section 27-5-4; amended 842 Code Section 28-1-15; amended 1547 Code Section 28-2-2; amended 1465 Code Section 28-4-3; amended 7 Code Section 28-5-25.1; enacted 1865 Code Section 28-6-1; amended 426 Code Section 28-8-1; amended 13

Page XX

Code Section 29-2-40; amended 1562 Code Section 29-2-42; amended 367 Code Section 29-2-45; amended 1562 Code Section 29-2-76; amended 1562 Code Section 29-2-79; amended 1562 Code Section 29-4-6; amended 1720 Code Section 29-4-12; amended 1562 Code Section 29-5-6; amended 1715 Code Section 29-6-9; amended 1562 Code Section 30-3-2; amended 1556 Code Section 30-3-3; amended 1556 Code Section 30-3-4; amended 1556 Code Section 30-3-4.1; amended 1556 Code Section 30-3-5; amended 1556 Code Sections 30-6-1 through 30-6-5; enacted 1979 Code Sections 30-6-1 through 30-6-5; enacted 1355 Code Section 31-1-7; enacted 742 Code Section 31-3-4; amended 1757 Code Section 31-6-70; amended 13 Code Section 31-7-12; amended 13 Code Section 31-7-22; amended 426 Code Section 31-7-131; amended 13 Code Sections 31-7-280 through 31-7-285; enacted 991 Code Section 31-9-6.1; enacted 1443 Code Section 31-11-2; amended 1923 Code Section 31-11-36; amended 1923 Code Section 31-11-52; amended 1923 Code Section 31-11-53.1; enacted 1918 Code Section 31-11-54; amended 1923 Code Section 31-11-57; amended 1923 Code Section 31-11-58; amended 1923 Code Section 31-11-59; amended 1923 Code Section 31-11-60; amended 1923 Code Section 31-11-61; amended 1923 Code Section 31-13-3; amended 1670 Code Section 31-13-5; amended 1670 Code Section 31-13-8; amended 1670 Code Section 31-13-8.1; enacted 1670 Code Section 31-13-8.2; enacted 1670 Code Section 31-13-8.3; enacted 1670 Code Section 31-13-10; amended 1670 Code Section 31-13-14; amended 1670 Code Section 31-16-7; enacted 1515 Code Section 31-16-8; enacted 1515 Code Sections 31-17A-1 through 31-17A-3; enacted 1799 Code Section 31-22-9.1; enacted 1799 Code Section 31-22-9.2; enacted 1799 Code Section 32-2-60; amended 1908 Code Section 32-4-41; amended 1737 Code Section 32-4-92; amended 1737 Code Section 32-6-1; amended 1431 Code Section 32-7-5; amended 1431

Page XXI

Code Section 32-8-1; amended 1737 Code Section 32-8-2; amended 1737 Code Section 32-8-3; repealed 1737 Code Section 32-8-4; amended 1737 Code Section 32-10-60; amended 227 Code Section 32-10-63; amended 227 Code Section 32-10-64; amended 227 Code Section 32-10-69; amended 227 Code Section 33-1-2; amended 693 Code Section 33-2-11; amended 692 Code Section 33-3-25; amended 13 Code Section 33-5-22; amended 1519 Code Section 33-7-6; amended 1467 Code Section 33-8-1; amended 1519 Code Section 33-8-8.1; amended 1581 Code Section 33-8-8.1; amended 13 Code Section 33-8-8.2; amended 1581 Code Section 33-8-8.3; amended 1581 Code Section 33-9-4; amended 13 Code Section 33-9-20; amended 1857 Code Section 33-9-39; amended 13 Code Section 33-10-2; amended 1540 Code Section 33-11-19.2; enacted 1844 Code Section 33-14-6; amended 13 Code Section 33-15-11.1; enacted 1537 Code Section 33-15-12; amended 1537 Code Section 33-15-24; amended 1519 Code Section 33-21-13; amended 1760 Code Section 33-23-11; amended 1519 Code Section 33-23-13; amended 1519 Code Section 33-23-43; amended 1519 Code Section 33-23-60; amended 1519 Code Section 33-24-3; amended 317 Code Section 33-24-22; amended 1535 Code Section 33-24-45; amended 677 Code Section 33-24-46; amended 677 Code Section 33-29-2; amended 1760 Code Section 33-29-3.1; enacted 960 Code Section 33-29-4; amended 1760 Code Section 33-30-4.1; enacted 960 Code Sections 33-30-20 through 33-30-27; enacted 1483 Code Section 33-34-3; amended 1890 Code Section 33-34-3; amended 1555 Code Section 33-34-10.2; amended 13 Code Section 33-34-12.2; enacted 1890 Code Section 33-34-12.3; enacted 1890 Code Section 33-36-3; amended 13 Code Section 33-38-2; amended 1900 Code Section 33-38-4; amended 1900 Code Section 33-38-5; amended 1900 Code Section 33-38-7; amended 1900 Code Section 33-38-15; amended 1900

Page XXII

Code Section 33-38-22; enacted 1900 Code Section 33-40-2; amended 13 Code Section 33-40-3; amended 966 Code Sections 33-41-1 through 33-41-7; enacted 1541 Code Sections 33-41-1 through 33-41-24; enacted 966 Code Section 34-8-5; amended 939 Code Section 34-8-6; amended 939 Code Section 34-8-17; amended 939 Code Section 34-8-78; amended 939 Code Section 34-8-83; amended 939 Code Section 34-8-123; amended 13 Code Section 34-8-125; amended 939 Code Section 34-8-152; amended 939 Code Section 34-8-155; amended 13 Code Section 34-8-158; amended 13 Code Section 34-9-1; amended 1679 Code Section 34-9-2; amended 936 Code Section 34-9-2.1; amended 1679 Code Section 34-9-12; amended 1679 Code Section 34-9-13; amended 1720 Code Section 34-9-20; amended 1679 Code Section 34-9-40; amended 1679 Code Section 34-9-47; amended 1679 Code Section 34-9-48; amended 1679 Code Section 34-9-49; amended 1679 Code Section 34-9-50; repealed 1679 Code Section 34-9-51; amended 1679 Code Section 34-9-52; amended 1679 Code Section 34-9-53; amended 1679 Code Section 34-9-57; amended 1679 Code Section 34-9-59; amended 1679 Code Section 34-9-60; amended 1679 Code Section 34-9-62; repealed 1679 Code Section 34-9-63; amended 1679 Code Section 34-9-101; amended 1679 Code Section 34-9-102; amended 1679 Code Section 34-9-103; amended 1679 Code Section 34-9-105; amended 1679 Code Section 34-9-105; amended 535 Code Section 34-9-108; amended 13 Code Section 34-9-128; amended 1679 Code Section 34-9-222; amended 1679 Code Section 34-9-265; amended 660 Code Section 34-9-354; amended 468 Code Section 34-11-7; amended 314 Code Section 34-11-7; amended 13 Code Section 34-11-10; amended 13 Code Section 34-11-15; amended 13 Code Section 34-12-14; amended 1632 Code Section 34-12-16; amended 1632 Code Section 34-12-18; amended 1632 Code Section 34-13-7; amended 950

Page XXIII

Code Section 34-13-10; amended 950 Code Section 34-13-13; amended 950 Code Section 34-13-14; amended 950 Code Section 34-13-16; amended 950 Code Section 34-13-18; amended 950 Code Section 35-2-1; amended 426 Code Section 35-2-33; amended 1982 Code Section 35-2-33; amended Vetoed HB 1700 Code Section 35-2-36; amended 312 Code Section 35-3-34; amended 203 Code Section 35-3-35; amended 203 Code Section 35-3-80; amended 667 Code Section 35-6A-3; amended 242 Code Section 35-8-3; amended 426 Code Section 35-8-6; amended 483 Code Section 35-8-21; enacted 1063 Code Section 36-1-21; amended 1627 Code Section 36-1-22; amended 1734 Code Section 36-1-23; enacted 318 Code Section 36-7-2; amended 555 Code Section 36-7-3; amended 586 Code Section 36-9-3; amended 676 Code Section 36-10-2.2; enacted 989 Code Section 36-41-3; amended 1530 Code Section 36-41-4; amended 1530 Code Section 36-41-5; amended 1530 Code Section 36-41-13; amended 1530 Code Section 36-42-3; amended 1463 Code Section 36-42-8; amended 1463 Code Section 36-42-8; amended 902 Code Section 36-43-3; amended 539 Code Section 36-60-12; enacted 1954 Code Section 36-60-12; enacted 1847 Code Section 36-62-2; amended 685 Code Section 36-69-1 through 36-69-10; enacted 887 Code Section 36-80-1; repealed 235 Code Section 36-81-8; amended 1393 Code Section 36-82-1; amended 886 Code Section 36-82-4.1; amended 1921 Code Section 36-82-102; amended 348 Code Section 36-82-104; amended 348 Code Section 37-2-11.1; enacted 1761 Code Sections 38-4-70 through 38-4-72; enacted 877 Code Section 39-2-8; repealed 1629 Code Section 39-2-11.1; enacted 583 Code Section 39-2-15; repealed 1629 Code Section 39-2-16; repealed 1629 Code Section 39-2-21; enacted 1629 Code Section 40-1-1; amended 691 Code Section 40-1-1; amended 1893 Code Section 40-1-4; enacted 1561 Code Section 40-2-20.1; amended 380

Page XXIV

Code Section 40-2-24; amended 892 Code Section 40-2-29; amended 380 Code Section 40-2-30; amended 377 Code Section 40-2-36.1; enacted 854 Code Section 40-2-42; amended 380 Code Section 40-2-65; amended 854 Code Section 40-2-134; enacted 376 Code Section 40-3-25.1; amended 1340 Code Section 40-3-41; enacted 1340 Code Section 40-5-2; amended 470 Code Section 40-5-2; amended 687 Code Section 40-5-54; amended 897 Code Section 40-5-56; amended 897 Code Section 40-5-58; amended 1893 Code Section 40-5-58; amended 385 Code Section 40-5-58; amended 897 Code Section 40-5-100; amended 897 Code Section 40-5-121; amended 897 Code Section 40-6-9; amended 426 Code Section 40-6-160; amended 540 Code Section 40-6-181; amended 30 Code Section 40-6-221; amended 1460 Code Section 40-6-222; amended 1460 Code Section 40-6-227; enacted 389 Code Section 40-6-270; amended 1499 Code Section 40-6-270; amended 1893 Code Section 40-6-291; amended 13 Code Section 40-6-376; amended 1499 Code Section 40-6-391; amended 1893 Code Section 40-6-392; amended 1893 Code Section 40-8-76; amended 480 Code Section 40-8-76.1; enacted 31 Code Section 40-8-92; amended 582 Code Section 40-9-101; amended 1488 Code Section 40-11-2; amended 1750 Code Section 40-11-3; amended 1750 Code Section 40-11-3.1; enacted 688 Code Section 40-11-5; amended 1750 Code Section 40-11-20 through 40-11-24; enacted 1948 Code Section 40-13-32; amended 1893 Code Section 40-14-4; amended 308 Code Section 41-1-7; amended 1775 Code Section 41-2-5; amended 1419 Code Section 41-2-7; amended 1419 Code Section 41-2-8; amended 1419 Code Section 41-2-9; amended 1419 Code Section 41-2-10; amended 1419 Code Section 41-2-11; amended 1419 Code Section 41-2-12; amended 1419 Code Section 41-2-15; amended 1419 Code Section 41-2-16; amended 1419 Code Section 42-2-8; amended 1448

Page XXV

Code Section 42-2-13; enacted 256 Code Section 42-3-3; amended 426 Code Section 42-4-1; amended 266 Code Section 42-5-35; amended 464 Code Section 42-5-51.1; enacted Vetoed HB 1689 Code Section 42-5-52.1; enacted 1799 Code Section 42-8-34; amended 988 Code Section 42-8-34.1; enacted 1911 Code Section 42-8-43.3; enacted 1951 Code Section 42-9-14; amended 426 Code Section 42-9-42.1; enacted 1799 Code Section 43-3-4; amended 1616 Code Section 43-3-5; amended 1616 Code Section 43-3-23.1; enacted 1616 Code Section 43-3-23.2; enacted 1616 Code Section 43-3-23.3; enacted 1616 Code Section 43-3-28; amended 1616 Code Section 43-3-29; amended 1616 Code Section 43-3-29.1; enacted 1616 Code Section 43-3-32; amended 1616 Code Section 43-3-36.1; enacted 1616 Code Section 43-3-38; amended 307 Code Section 43-4-18; amended 313 Code Sections 43-4A-1 through 43-4A-18; enacted 651 Code Section 43-6-1; amended 13 Code Section 43-6-12; amended 13 Code Section 43-7-12; amended 13 Code Section 43-7A-13; amended 580 Code Section 43-8-2; amended 1405 Code Section 43-8-3; amended 1405 Code Section 43-8-4; amended 1405 Code Section 43-8-5; amended 1405 Code Section 43-8-15; amended 1405 Code Section 43-9-16; amended 485 Code Section 43-9-20; amended 530 Code Section 43-11-23; amended 530 Code Section 43-11-47; amended 13 Code Section 43-15-3; amended 309 Code Section 43-15-31; amended 309 Code Section 43-16-10.1; enacted 690 Code Title 43, Chapter 17; revised 490 Code Section 43-17-1; amended 13 Code Section 43-24-2; amended 13 Code Section 43-26-13; amended 530 Code Section 43-26-39; amended 530 Code Section 43-28-8; amended 1518 Code Section 43-28-17; amended 1518 Code Section 43-30-1; amended 34 Code Section 43-30-5.1; enacted 716 Code Section 43-30-8; amended 34 Code Section 43-30-13; amended 34 Code Section 43-30-15; amended 530

Page XXVI

Code Section 43-34-2; amended 530 Code Section 43-35-14; amended 530 Code Section 43-38-6; amended 13 Code Section 43-38-7; amended 13 Code Section 43-38-11.1; amended 13 Code Section 43-39-8; amended 553 Code Section 43-40-10; amended 13 Code Section 43-40-22; amended 1395 Code Section 43-40-27; amended 1395 Code Section 43-40-30; amended 1395 Code Section 43-40-32; amended 1395 Code Section 43-41-8; amended 482 Code Section 43-44-3; amended 13 Code Section 43-44-6; amended 13 Code Section 43-47-2; amended 1504 Code Section 43-47-3; amended 1504 Code Section 43-47-7; amended 1504 Code Section 43-47-8; amended 1504 Code Section 43-47-10; amended 1504 Code Section 43-47-16; amended 1504 Code Section 43-50-4; amended 1589 Code Section 43-50-23; amended 1589 Code Section 43-50-26; amended 1589 Code Section 43-50-27; amended 1589 Code Section 43-50-28; repealed 1589 Code Section 43-50-30; amended 1589 Code Section 43-50-31; repealed 1589 Code Section 43-50-57; amended 1589 Code Section 44-1-14; amended 13 Code Section 44-3-8; amended 13 Code Section 44-3-188; amended 13 Code Section 44-5-48; enacted 821 Code Section 44-5-145; amended 547 Code Section 44-5-151; enacted 1799 Code Section 44-7-14.1; enacted 923 Code Section 44-7-54; amended 923 Code Section 44-13-100; amended 1756 Code Section 44-14-517; amended 13 Code Section 45-2-1; amended 930 Code Section 45-7-3; amended 284 Code Section 45-7-4; amended 284 Code Section 45-7-4; amended Vetoed HB 1195 Code Section 45-7-4; amended 154 Code Section 45-7-7; amended 269 Code Section 45-7-9; amended 738 Code Section 45-7-92; amended 297 Code Section 45-9-4; amended 1714 Code Section 45-9-42; amended 310 Code Section 45-9-81; amended 1923 Code Section 45-9-83; amended 13 Code Section 45-11-4; amended 298 Code Section 45-12-23; amended 426

Page XXVII

Code Section 45-13-22; amended 7 Code Section 45-14-4; amended 13 Code Section 45-16-1; amended 13 Code Section 45-16-2; amended 586 Code Section 45-16-6; amended 1539 Code Section 45-16-21; amended 1631 Code Section 45-16-27; amended 722 Code Section 45-16-34; amended 13 Code Section 45-16-80; enacted 722 Code Section 45-18-5.2; amended 13 Code Section 45-18-7.3; enacted 766 Code Section 45-18-11; amended 397 Code Section 45-18-14; amended 413 Code Section 45-18-18; enacted 397 Code Section 45-18-30; amended 1417 Code Section 45-20-2; amended 1252 Code Section 45-20-70; amended 13 Code Section 45-20-70.1; enacted 13 Code Sections 45-22-1 through 45-22-12; enacted 1778 Code Section 46-2-10; amended 263 Code Section 46-2-23; amended 1988 Code Section 46-3-303.1; enacted 1451 Code Section 46-3-306; amended 1451 Code Section 46-3-321; amended 1451 Code Section 46-5-24; enacted 1246 Code Section 46-5-122; amended 1984 Code Section 46-5-132; enacted 1984 Code Section 46-5-132; enacted 465 Code Section 46-7-15; amended 1607 Code Section 46-7-16; amended 1607 Code Section 46-7-60; amended 1607 Code Section 46-7-61; amended 1607 Code Section 46-10-3; amended 1718 Code Section 46-10-6; amended 1718 Code Section 46-10-9; amended 1718 Code Section 47-2-1; amended 1351 Code Section 47-2-1; amended 1742 Code Section 47-2-29; amended 1482 Code Section 47-2-121; amended 636 Code Section 47-2-265; enacted 1338 Code Section 47-2-297; enacted 920 Code Section 47-2-316; enacted 201 Code Section 47-2-317; enacted 264 Code Section 47-2-318; enacted 1490 Code Section 47-3-1; amended 1742 Code Section 47-3-1; amended 379 Code Section 47-3-1; amended 1351 Code Section 47-3-60; amended 1351 Code Section 47-3-60; amended 1742 Code Section 47-3-63; amended 1742 Code Section 47-3-67; enacted 1837 Code Section 47-3-82; amended 346

Page XXVIII

Code Section 47-3-90; amended 697 Code Section 47-3-101; amended 343 Code Section 47-3-126.3; enacted 343 Code Section 47-4-2; amended 1742 Code Section 47-4-40; amended 1742 Code Section 47-4-80; amended 638 Code Section 47-4-100; amended 885 Code Section 47-4-101; amended 880 Code Section 47-4-105; enacted 879 Code Section 47-5-2; amended 401 Code Section 47-5-70; amended 387 Code Section 47-6-42; amended 1476 Code Section 47-6-70; amended 1476 Code Section 47-7-100; amended 338 Code Section 47-8-2; amended 426 Code Section 47-9-20; amended 426 Code Section 47-11-20; amended 426 Code Section 47-11-21; amended 630 Code Section 47-11-71; amended 630 Code Section 47-11-21; amended 426 Code Section 47-13-20; amended 426 Code Section 47-14-20; amended 426 Code Section 47-14-70; amended 626 Code Section 47-14-71; amended 626 Code Section 47-14-74; amended 626 Code Section 47-14-75; amended 626 Code Section 47-16-43; amended 1566 Code Section 47-16-60; amended 352 Code Section 47-16-100; amended 352 Code Section 47-16-101; amended 1566 Code Section 47-17-1; amended 1479 Code Section 47-17-20; amended 426 Code Section 47-17-40; amended 1067 Code Section 47-17-80; amended 999 Code Section 47-17-80; amended 633 Code Section 47-17-81; amended 999 Code Section 47-17-82; amended 999 Code Section 48-1-2; amended 475 Code Section 48-2-18; amended 1763 Code Section 48-2-18; amended 13 Code Section 48-2-18; amended 1568 Code Section 48-2-18.1; amended 426 Code Section 48-2-56; amended 13 Code Section 48-3-3; amended 1363 Code Section 48-3-19; amended 1363 Code Section 48-4-1; amended 1957 Code Section 48-4-20; amended 1957 Code Section 48-5-7.1; amended 895 Code Section 48-5-42.1; amended 13 Code Section 48-5-47; amended 2 Code Section 48-5-52; amended 2 Code Section 48-5-72.1; enacted 466

Page XXIX

Code Section 48-5-84; amended 466 Code Section 48-5-183; amended 931 Code Section 48-5-211; amended 586 Code Section 48-5-211; amended 1449 Code Section 48-5-212; enacted 1449 Code Section 48-5-212; enacted 586 Code Section 48-5-220; amended 1748 Code Section 48-5-271; repealed 1763 Code Section 48-5-272; repealed 1763 Code Section 48-5-274; amended 1568 Code Section 48-5-311; amended 220 Code Section 48-5-311; amended 487 Code Sections 48-5-340 through 48-5-349.5; enacted 1763 Code Section 48-5-350; amended 1748 Code Section 48-5-359.1; enacted 368 Code Section 48-5-402; amended 1568 Code Section 48-5-423; amended 1568 Code Section 48-5-424; amended 1568 Code Section 48-5-514; repealed 1568 Code Section 48-5-516; repealed 1568 Code Section 48-5-517; repealed 1568 Code Section 48-5-519; amended 1568 Code Section 48-5-521; amended 1568 Code Section 48-5-523; repealed 1568 Code Section 48-5-542; amended 1568 Code Section 48-5-544; amended 1568 Code Section 48-5-545; amended 1568 Code Section 48-6-22; amended 13 Code Section 48-6-22; amended 1404 Code Section 48-6-93; amended 13 Code Section 48-7-21; amended 13 Code Section 48-7-25; amended 13 Code Section 48-7-27; amended 475 Code Section 48-7-54; repealed 1380 Code Section 48-7-56; amended 1380 Code Section 48-7-101; amended 1390 Code Section 48-7-106; amended 1380 Code Section 48-7-114; amended 1380 Code Section 48-7-114; amended 1389 Code Section 48-7-115; amended 1380 Code Section 48-7-116; amended 1380 Code Section 48-7-117; amended 1380 Code Section 48-7-118; repealed 1380 Code Section 48-7-119; amended 1380 Code Section 48-7-122; amended 1380 Code Section 48-7-126; amended 1380 Code Section 48-7-127; amended 1380 Code Section 48-7-161; amended 937 Code Section 48-8-82.1; enacted 543 Code Section 48-8-122; amended 543 Code Section 48-13-51; amended 1866 Code Section 49-3-2; amended 1354

Page XXX

Code Section 49-4-102; amended 1720 Code Section 49-4-153; amended 288 Code Section 49-5-3; amended 1720 Code Section 49-5-8; amended 1945 Code Section 49-5-12; amended 217 Code Section 49-5-60; amended 1605 Code Section 49-5-73; amended 1605 Code Sections 49-5-160 through 49-5-164; enacted 871 Code Section 50-2-28; amended 426 Code Section 50-3-62; enacted 853 Code Section 50-5-15; amended 1944 Code Section 50-5-17; enacted 1944 Code Section 50-5-35; amended 426 Code Section 50-5-82; enacted Vetoed SB 618 Code Section 50-7-40; enacted 556 Code Section 50-7-41; enacted 556 Code Sections 50-8-1 through 50-8-12; revised 38 Code Sections 50-8-13 through 50-8-16; enacted 38 Code Sections 50-8-60 through 50-8-63; repealed 1550 Code Section 50-8-80; amended 1834 Code Section 50-8-84; amended 1834 Code Section 50-8-99.1; amended 13 Code Sections 50-8-130 through 50-8-140; enacted 291 Code Sections 50-8-140 through 50-8-146; enacted 1829 Code Sections 50-8-140 through 50-8-144; enacted 1913 Code Section 50-9-3; amended 426 Code Section 50-13-17; amended 1936 Code Section 50-13-20; amended 388 Code Title 50, Chapter 14; revised 235 Code Section 50-16-3.1; enacted 1635 Code Section 50-16-34; amended 554 Code Section 50-16-38; amended 1252 Code Section 50-17-21; amended 426 Code Section 50-17-22; amended 227 Code Section 50-17-24; amended 13 Code Section 50-18-20; amended 1432 Code Section 50-18-26; amended 1432 Code Section 50-18-27; amended 1432 Code Section 50-18-28; amended 426 Code Section 50-18-29; amended 426 Code Section 50-18-32; amended 426 Code Section 50-18-70; amended 243 Code Section 50-18-71; amended 243 Code Section 50-18-72; amended 243 Code Section 50-18-72; amended 13 Code Section 50-18-73; amended 243 Code Section 50-18-75; enacted 243 Code Section 50-18-92; amended 426 Code Section 50-20-2; amended 1415 Code Section 50-20-3; amended 1377 Code Section 51-1-18; amended 365 Code Section 51-1-20.1; enacted 383

Page XXXI

Code Section 51-1-40; enacted 1692 Code Section 51-4-2; amended 1720 Code Section 51-10-6; enacted 404 Code Section 52-2-9; amended 254 Code Section 52-7-3; amended 1343 Code Section 52-7-3; amended 410 Code Section 52-7-4; amended 410 Code Section 52-7-8.1; enacted 1343 Code Section 52-7-10; amended 410 Code Section 52-7-25; amended 1343 Code Section 53-2-115; amended 1359 Code Section 53-4-4; amended 1720 Code Section 53-4-5; amended 1720 Code Section 53-6-144; amended 371 Code Section 53-7-32.1; enacted 881 Code Section 53-7-79; amended 347 Code Section 53-7-148; amended 881 Code Section 53-7-163; amended 881 Code Section 53-7-164; amended 881 Code Section 53-8-2; amended 725 Code Section 53-12-3; amended 1939 Code Section 53-12-25; repealed 1939 Code Section 53-12-124; amended 13 CONTINUATION OF LOCAL CONSTITUTIONAL AMENDMENTS Bibb County; Acts since 1940 validated 5108 Bibb County; ad valorem tax exemption for certain harvested agricultural products 5149 Bibb County; building codes and permits 5112 Bibb County; civil service system 5122 Bibb County; employees; life and health insurance 5139 Bibb County; homestead exemption; cooperative ownership 5094 Bibb County; legislative powers over traffic and police powers 5117 Bibb County; license fees and taxes 5129 Bibb County; pension, disability, and retirement plans 5144 Bibb County; special tax districts 5103 Bibb County; street and road construction 5135 Bibb County; temporary loans 5098 Cartersville; homestead exemption 5365 Cobb County; streets; assessments 5085 Dade County Industrial Development Authority 5062 Whitfield County; merit system 5066 COURTS SUPREME COURT Death penalty cases; pretrial review 1437 Reports 426 Reports; advance reports; rules; forms 1432

Page XXXII

COURT OF APPEALS Preappeal settlement conferences 1856 Reports 426 Reports; advance reports; rules; forms 1432 SUPERIOR COURTS Alcovy Judicial Circuit; court reporters; salary and compensation 3893 Appalachian Judicial Circuit; additional judge 234 Appeals from decisions of State Board of Workers' Compensation; time 535 Appeals to superior courts; trial without jury; consent 253 Bacon County; terms 551 Bailiffs; compensation; jurors; expense allowance Vetoed SB 516 Brantley County; terms 551 Capital felony prosecutions; reimbursement of counties for expenses 1859 Carroll County; terms 257 Child abuse protocol committees 474 Clayton County; court reporters; compensation 4768 Clerks; fees; petitions alleging family violence; foreign money judgments 320 Clerks; guardianships over property 1715 Clerks; minimum annual salaries; cost-of-living adjustments 931 Clerks; office hours; lunch in counties of fewer than 10,000; inclement weather 489 Clerks; records and reports of sex criminal convictions 893 Clerks; state-wide county computerized information network 303 Cobb Judicial Circuit; judges; salary supplement 4468 Cobb Judicial Circuit; district attorney; county supplement; assistants and investigators 4156 Coweta Judicial Circuit; terms; Carroll County 257 DeKalb County; additional judge 223 District attorneys' investigators; retirement 1338 District Attorneys Retirement Fund of Georgia; trustees 426

Page XXXIII

District Attorneys' Retirement System; trustees 426 Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 Guardianships over property; filing orders 1715 Jackson County; terms 258 Macon County; transfer of cases from abolished state court 3884 Ocmulgee Judicial Circuit; district attorney; salary supplements 3875 Offenses bailable only before a judge of the superior court 358 Pataula Judicial Circuit; assistant district attorney as solicitor of State Court of Miller County 3681 Piedmont Judicial Circuit; Jackson County; terms 258 Pierce County; terms 551 Sessions outside county site in certain counties 259 Sheriffs; fees 548 Sheriffs; fees for impounding stray livestock 325 Sheriffs; honorary office of sheriff emeritus; creation 585 Sheriffs; minimum annual salaries; cost-of-living adjustments 931 Stone Mountain Judicial Circuit; additional judge 223 Superior Court Clerks' Retirement Fund of Georgia; commissioners 426 Superior Court Clerks' Retirement Fund of Georgia; retirement benefits 626 Superior Court Judges Retirement Fund of Georgia; trustees 426 Superior Court Judges Retirement System; trustees 426 Tifton Judicial Circuit; judges; salary supplement 3776 Ware County; terms 551 Waycross Judicial Circuit; terms 551 JUVENILE COURTS Abortion; Parental Notification Act 661 Acquired immunodeficiency syndrome (AIDS) 1799 Cobb County; judge; compensation 4812 Cobb County; removal of juvenile court officer from jurisdiction of Civil Service System 3792 PROBATE COURTS Bulloch County; clerk; compensation 4075 Catoosa County; clerical help allowance 4620 Clayton County; judge; compensation 4766 Cobb County; judge and clerk; compensation 4461 Crawford County; jurisdiction over ordinance violations 4687 Dougherty County; judge; salary 4808 Fannin County; judge; nonpartisan election 4884 Judges; minimum annual salaries; cost-of-living adjustments 931 Judges; training; expenses 746 Judges; vacancies; clerks 586 Judges of the Probate Courts Retirement Fund of Georgia; benefits 630 Judges of the Probate Courts Retirement Fund of Georgia; commissioners 426 Jurisdiction; misdemeanor game and fish cases 1418 Jury trials in counties of more than 100,000 743 , 745 , 746 Official Code of Georgia Annotated; copies 745 The Council of Probate Court Judges of Georgia; creation 743 Towns County; judge; compensation 4483 STATE COURTS Appeals from decisions reviewing decisions of magistrate courts 1357 Bailiffs; compensation; jurors; expense allowance Vetoed SB 516 Baldwin County; judge and solicitor; compensation 4470 Bulloch County; judge and solicitor; compensation 4755 Burke County; judge and solicitor; compensation 3863 Candler County; secretary of solicitor; compensation 3956 Chattooga County; judge and solicitor; compensation 4810 Cherokee County; State Court of Cherokee and Forsyth Counties; judge and solicitor; qualifications; clerk and solicitor; compensation; procedures 4648 Clayton County; additional judge 3933 Clayton County; judge; solicitor; deputy clerk; compensation 4772 Cobb County; clerk and deputy clerk; compensation 4778 Cobb County; costs 4735 Cobb County; judges; compensation 4081 , 4449 Cobb County; solicitor and assistants; compensation 3959 DeKalb County; deputy clerks 3817 DeKalb County; judges; compensation 3665

Page XXXIV

Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 Forsyth County; State Court of Cherokee and Forsyth Counties; judge and solicitor; qualifications; clerk and solicitor; compensation; procedures 4648 Jackson County; judge and solicitor; practice of law; compensation 4067 Jenkins County; terms 3854 Macon County; abolition; transfer of cases to superior court 3884 Miller County; assistant district attorney of Pataula Judicial Circuit as solicitor 3681 Mitchell County; judge and solicitor; compensation 3654 Rockdale County; terms; ordinance violations 4466 The Council of State Court Judges of Georgia; creation 461 Worth County; judge; compensation 3840 MAGISTRATE COURTS Abatement of nuisances in unincorporated areas 1419 Appeals 1357 Bad checks; form of notice 268 Berrien County; chief magistrate; salary 4718 Cobb County; chief magistrate; qualifications 4451 DeKalb County; chief magistrate; compensation 4099 Dougherty County; designation of chief magistrate 3858 Fannin County; chief magistrate; nonpartisan election 4900 Gwinnett County; fees 4864 Habersham County; judge of probate court as chief magistrate; terms; vacancies; compensation 3815 Heard County; chief magistrate; compensation 4477 Henry County; election of officers; compensation 3849 Johnson County; chief magistrate; election 4746 Judges; minimum salaries 424 Lincoln County; chief magistrate; appointment 3909 Montgomery County; chief magistrate; appointment; terms 3843 Morgan County; law library fees 3797 Penalties; Peace Officer and Prosecutor Training Fund 286 Postjudgment interrogatories; unpaid judgments; fees; bad check citations 267 The Council of Magistrate Court Judges; creation 461 Towns County; judge of probate court as chief magistrate; compensation 4859 MUNICIPAL COURTS Alpharetta; judge; selection; terms; compensation 3600 Canton; fines and punishment 5525 Canton; name of court; fines 5470 Folkston; jurisdiction; powers 4685 Gainesville; fines and penalties 5233 Lenox; penalties 5431 OTHER COURTS Traffic courts in cities of 300,000 or more; jurisdiction; judges; salaries 261

Page XXXV

COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling County; board of education; elections; districts; compensation 3529 Bacon County; superior court; terms 551 Baldwin County; state court; judge and solicitor; compensation 4470 Baldwin County; superior court; district attorney; salary supplement 3875 Banks County; board of commissioners; terms; elections 3999 Barrow County; board of commissioners; composition; elections; districts; chairman; quorum 3585 Barrow County; board of education; compensation; terms; elections; districts; referendum 3501 Barrow County; school district; homestead exemption; residents 62 or older; referendum 3674 Bartow County; conveyance of state owned real property in county authorized 328 Bartow County; motor vehicle registration periods; referendum 4101 Bartow County; Williams Bros. Division of Blue Circle, Inc.; conveyance of state owned property 1473 Ben Hill; school system; merger with City of Fitzgerald school system; referendum 3573 Berrien County; magistrate court; chief magistrate; salary 4718 Berrien County; school district; homestead exemption; residents 62 or older; referendum 3832 Bibb County; Acts since 1940 validated; local constitutional amendment continued 5108 Bibb County; ad valorem tax exemption for certain harvested agricultural products; local constitutional amendment continued 5149 Bibb County; board of commissioners; repeal of recall procedures 4103 Bibb County; building codes and permits; local constitutional amendment continued 5112 Bibb County; civil service system; local constitutional amendment continued 5122 Bibb County; employees; life and health insurance; local constitutional amendment continued 5139 Bibb County; homestead exemption; cooperative ownership; local constitutional amendment continued 5094 Bibb County; legislative powers over traffic and police powers; local constitutional amendment continued 5117 Bibb County; license fees and taxes; local constitutional amendment continued 5129 Bibb County; Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; change benefits 4872 Bibb County; pension, disability, and retirement plans; local constitutional amendment continued 5144 Bibb County; special tax districts; local constitutional amendment continued 5103 Bibb County; street and road construction; local constitutional amendment continued 5135 Bibb County; temporary loans; local constitutional amendment continued 5098 Brantley County; Brantley County Development Authority; membership; qualifications; vacancies 3942 Brantley County; superior court; terms 551 Bulloch County; board of commissioners; chairman and members; compensation 4631 Bulloch County; clerk of superior court; employees; compensation 4077

Page XXXVI

Bulloch County; coroner; compensation 4753 Bulloch County; probate court; clerk; compensation 4075 Bulloch County; sheriff; deputies and clerk; compensation 4079 Bulloch County; state court; judge and solicitor; compensation 4755 Bulloch County; tax commissioner and assistants; compensation 3865 Burke County; state court; judge and solicitor; compensation 3863 Butts County; board of commissioners; powers; county manager created; referendum 4729 Camden County; Kenneth McCarthy Bridge; designated 768 Candler County; state court; secretary of solicitor; compensation 3956 Carroll County; superior court; terms 257 Catoosa County; board of commissioners; creation; districts; elections; terms; referendum 4182 Catoosa County; board of utilities commissioners; selection; terms 4726 Catoosa County; probate court; clerical help allowance 4620 Charlton County; board of education; elections; districts 3691 Chatham County; board of commissioners; meetings; agendas; budget requests 3649 Chatham County; Chatham Area Transit Authority; contract and charter service; exclusion of Town of Vernonburg from authority 4824 Chatham County; Chatham-Savannah Youth Futures Authority; creation 3743 Chatham County; conveyance of estate for years in state owned real property 794 Chatham County; determination of millage rates 4151 Chatham County; officials; compensation 4050 Chattooga County; state court; judge and solicitor; compensation 4810 Cherokee County; Cherokee County Water and Sewerage Authority; compensation of members; bonds 4706 Cherokee County; Moore's Mill Bridge; designated 769 Cherokee County; school district; homestead exemption; referendum 3677 Cherokee County; State Court of Cherokee and Forsyth Counties; judge and solicitor; qualifications; clerk and solicitor; compensation; procedures 4648 Clarke County; Clarke County Airport Authority; creation 4906 Clarke County; Classic Center Authority for Clarke County; creation 3799 Clayton County; board of commissioners; chairman and members; compensation 3992 Clayton County; board of education; number of members; referendum 4001 Clayton County; Clayton Judicial Circuit; court reporters; compensation 4768 Clayton County; coroner; compensation 4761 Clayton County; homestead exemption; school district taxes; referendum 3523 Clayton County; pension plan; retirement dates; benefits 5169 Clayton County; probate court; judge; compensation 4766 Clayton County; school district; superintendent; appointment; referendum 4307 Clayton County; sheriff; clerk and deputy clerk of superior court; compensation 4763 Clayton County; staggered motor vehicle registration periods; referendum 3527 Clayton County; state court; additional judge 3933 Clayton County; state court; judge; solicitor; deputy clerk; compensation 4772 Clayton County; tax commissioner and deputy; compensation 4770 Cobb County; civil service system; classified and unclassified service 4004 Cobb County; civil service system; removal of juvenile court officer from system 3792 Cobb County; clerk and deputy clerk of superior court; sheriff, chief deputy, investigator, and secretary; compensation 4445 Cobb County; Cobb County Community Improvement District; purposes; definitions; continued existence 3887

Page XXXVII

Cobb County; Cobb County-Marietta Water Authority; hydroelectric facility acquisition; competitive bidding waiver 4028 Cobb County; homestead exemption; referendum 4070 Cobb County; juvenile court; judge; compensation 4812 Cobb County; magistrate court; chief magistrate; qualifications 4451 Cobb County; motor vehicle registration periods; referendum 4479 Cobb County; probate court; judge and clerk; compensation 4461 Cobb County; school system; homestead exemption; referendum 4286 Cobb County; state court; clerk and deputy clerk; compensation 4778 Cobb County; state court; costs 4735 Cobb County; state court; judges; compensation 4081 , 4449 Cobb County; state court; solicitor and assistants; compensation 3959 Cobb County; streets; assessments; local constitutional amendment continued 5085 Cobb County; superior court; district attorney; county supplement; assistants and investigators 4156 Cobb County; superior court; judges; salary supplement 4468 Cobb County; tax commissioner and clerk; compensation 4819 Cobb County; tax commissioner; executive secretary; compensation 3838 Cobb County Commission on Children and Youth; creation 3569 Columbia County; board of commissioners; chairman and members; allowances and expenses; powers 4083 Columbia County; homestead exemption; referendum 4622 Columbia County; tax commissioner; compensation 4625 Columbus, Georgia; board of tax assessors 3780 Coweta County; board of commissioners; vacancies 3710 Coweta County; school district; homestead exemption; referendum 4714 Crawford County; board of education; meetings Vetoed HB 1819 Crawford County; probate court; jurisdiction over ordinance violations 4687 Crawford County; school district; homestead exemption; referendum 4063 Dade County; Dade County Industrial Development Authority; local constitutional amendment continued 5062 DeKalb County; DeKalb County Pension Board; regional annual actuarial report 5176 DeKalb County; DeKalb County Pension Board; reimbursement of contributions; social security 5074 DeKalb County; DeKalb County Pension Board; selection of officers 5079 DeKalb County; governing authority; vote of chief executive; department heads under merit system; referendum 4740 DeKalb County; homestead exemption; referendum 4114 DeKalb County; Lenox Park Community Improvement District; creation 4582 DeKalb County; magistrate court; chief magistrate; compensation 4099 DeKalb County; school district; homestead exemption; referendum 4160 DeKalb County; state court; deputy clerks 3817 DeKalb County; state court; judges; compensation 3665 DeKalb County; structures unfit for human habitation 5088 DeKalb County; superior court; additional judge 223 Dougherty County; county administrator; contracts 4751 Dougherty County; magistrate court; designation of chief magistrate 3858 Dougherty County; probate court; judge; salary 4808 Douglas County; Douglasville-Douglas County Water and Sewer Authority; members; allowances and expenses; residency 4010 Douglas County; West Georgia Regional Water Authority; creation 4926

Page XXXVIII

Effingham County; board of commissioners; compensation 3856 Emanuel County; board of education; compensation 3836 Emanuel County; board of elections; additional member; chairman 3846 Fannin County; magistrate court; chief magistrate; nonpartisan election 4900 Fannin County; probate court; judge; nonpartisan election 4884 Fannin County; superior court; additional judge 234 Floyd County; school district; homestead exemption; referendum 4856 Forsyth County; board of commissioners; compensation and expenses 4817 Forsyth County; civil service system 3535 , 5162 Forsyth County; State Court of Cherokee and Forsyth Counties; judge and solicitor; qualifications; clerk and solicitor; compensation; procedures 4648 Fulton County; general employees pension fund; age; retirement 5154 Fulton County; homestead exemption; referendum 4034 Fulton County; lease of state owned property in county authorized 778 Fulton County; library board membership 4613 Fulton County; medical examiner; powers; investigations 4869 Fulton County; personnel board and merit system; disciplinary actions 3689 Gilmer County; board of commissioners; creation; districts; elections; powers; county manager; referendum 4886 Gilmer County; board of education; nonpartisan elections; referendum 4894 Gilmer County; school system; superintendent; nonpartisan election; referendum 4903 Gilmer County; superior court; additional judge 234 Gordon County; lease of state owned real property in the county 784 Greene County; Jasper T. Copelan Bridge; designated 777 Gwinnett County; board of commissioners; districts; elections; powers; duties 4658 Gwinnett County; board of education; compensation 3962 Gwinnett County; board of registrations and elections; creation 4296 Gwinnett County; coroner abolished; medical examiner established; referendum 4627 Gwinnett County; Gwinnett County Recreation Authority 5039 Gwinnett County; homestead exemption; referendum 4039 Gwinnett County; magistrate court; fees 4864 Gwinnett County; school district; homestead exemption; referendum 4199 Gwinnett County; school district; homestead exemption for elderly and disabled; referendum 4023 Habersham County; magistrate court; judge of probate court as chief magistrate; terms; vacancies; compensation 3815 Habersham County; motor vehicle registration periods; referendum 4112 Hancock County; superior court; district attorney; salary supplement 3875 Haralson County; West Georgia Regional Water Authority; creation 4926 Harris County; board of commissioners; compensation; expenses 3567 Hart County; board of commissioners; creation; referendum 3604 Heard County; magistrate court; chief magistrate; compensation 4477 Henry County; board of commissioners; chairman as chief executive officer; abolish administrator; referendum 4633 Henry County; magistrate court; election of officers; compensation 3849 Henry County; school district; homestead exemption; referendum 4310 Houston County; motor vehicle registration periods 3842 Houston County; school district; superintendent; appointment; referendum 4007 Irwin County; board of commissioners; districts; elections; terms; chairman 3869 Irwin County; superior court; judges; salary supplement 3776 Jackson County; state court; judge and solicitor; practice of law; compensation 4067

Page XXXIX

Jackson County; superior court; terms 258 Jeff Davis County; malt beverages and wine; license fees 5036 Jefferson County; board of commissioners; expense allowance 4013 Jenkins County; state court; terms 3854 Johnson County; magistrate court; chief magistrate; election 4746 Jones County; board of commissioners; leases 4878 Jones County; board of commissioners; purchases; bids 4877 Jones County; superior court; district attorney; salary supplement 3875 Lincoln County; magistrate court; chief magistrate; appointment 3909 Long County; board of commissioners; re-creation 3755 Long County; board of education; elections; districts 3964 Lumpkin County; school district; homestead exemption; referendum 4880 Macon County; motor vehicle registration periods 3882 Macon County; state court; abolition; transfer of cases to superior court 3884 Madison County; board of commissioners; districts; elections; qualifications; meetings 4692 Madison County; board of commissioners; meetings; compensation of chairman 4775 Madison County; board of education; members; districts; elections 4698 Marion County; motor vehicle registration periods 3954 Miller County; state court; assistant district attorney of Pataula Judicial Circuit as solicitor 3681 Mitchell County; board of commissioners; elections; districts; terms 4190 Mitchell County; judge and solicitor; compensation 3654 Monroe County; board of commissioners; terms; referendum 3540 Montgomery County; magistrate court; chief magistrate; appointment; terms 3843 Morgan County; magistrate court; law library fees 3797 Muscogee County; board of tax assessors 3780 Newton County; board of education; compensation 4744 Newton County; homestead exemptions; county and school district taxes; referendum 4045 Newton County; superior court; court reporter; salary and compensation 3893 Oconee County; board of commissioners; chairman; vice chairman; duties; vacancies; oath; bond 3546 Oconee County; board of commissioners; compensation 3774 Oconee County; board of commissioners; meetings; publication of financial statements 5070 Paulding County; board of commissioners; compensation 3683 Paulding County; West Georgia Regional Water Authority; creation 4926 Peach County; school district; homestead exemption; referendum 4598 Pickens County; superior court; additional judge 234 Pierce County; school district; superintendent; appointment; referendum 4898 Pierce County; school superintendent; appointment; referendum 3543 Pierce County; superior court; terms 551 Pierce County; tax commissioner and personnel; compensation 4923 Pike County; school district; homestead exemption; residents 62 or older; referendum 3824 Polk County; West Georgia Regional Water Authority; creation 4926 Putnam County; superior court; district attorney; salary supplement 3875 Rabun County; board of commissioners; purchases 4481 Rabun County; coroner; compensation 3663 Rabun County; tax commissioners; school taxes 3819

Page XL

Richmond County; board of health; conveyance of estate for years in state owned real property 176 Richmond County; motor vehicle registration periods; referendum 4043 Richmond County; reorganized government of county and City of Augusta; repeal city charter; referendum 3987 Richmond County; Richmond County Board of Commissioners as Augusta-Richmond County Commission-Council for both county and City of Augusta; referendum 3971 Richmond County; school district; homestead exemption; referendum 4147 Rockdale County; board of education; compensation 3652 Rockdale County; Conyers-Rockdale County Charter Commission; creation; referendum 3899 Rockdale County; homestead exemption; county and school district taxes; referendum 3659 Rockdale County; motor vehicle registration periods; referendum 3990 Rockdale County; state court; terms; ordinance violations 4466 Schley County; tax commissioner; compensation 3907 Seminole County; treasurer; abolish 3898 Seminole County; treasurer; compensation; repeal 3896 Spalding County; Griffin-Spalding County Anti-Drug Commission; creation 4053 Spalding County; Griffin-Spalding County Development Authority; additional members; terms 3938 Spalding County; Spalding County Water and Sewerage Facilities Authority; members; number 4822 Stephens County; lease of state owned property 771 Stewart County; Stewart County Water and Sewerage Authority; creation 4498 Sumter County; staggered motor vehicle registration periods; referendum 3702 Sumter County Public School System; creation; referendum 3550 Tattnall County; board of education; swap of property for state owned property 329 Tift County; superior court; judges; salary supplement 3776 Tift County; Tift County Airport Authority; name changed 4303 Towns County; exchange of federal and state property in county 801 Towns County; magistrate court; judge of probate court as chief magistrate; compensation 4859 Towns County; probate court; judge; compensation 4483 Troup County; board of commissioners; meetings; quorum 4458 Turner County; board of education; meetings 4601 Turner County; superior court; judges; salary supplement 3776 Upson County; county taxes; homestead exemption; disabled residents; referendum 3821 Upson County; school district; homestead exemption; disabled residents; referendum 3685 Upson County; school district; homestead exemption; residents 62 or older; referendum 3828 Upson County; Thomaston-Upson County Airport Authority; creation 4225 Walton County; motor vehicle registration periods; referendum 4723 Walton County; school district; homestead exemption for elderly; referendum 4710 Walton County; school district; homestead exemption; referendum 4720 Walton County; superior court; court reporter; salary and compensation 3893 Walton County; Walnutgrove-Youth Water Authority; change name to Walton County Water and Sewerage Authority; change membership; powers 4105 Ware County; superior court; terms 551

Page XLI

White County; board of commissioners; re-creation; referendum 3515 White County; homestead exemption; referendum 4472 White County; school district; homestead exemption; referendum 4493 White County; soil erosion and sedimentation control ordinance 5033 Whitfield County; merit system; local constitutional amendment continued 5066 Wilcox County; board of commissioners; elections; districts; vacancies 4273 Wilkes County; coroner; compensation 4015 Wilkes County; tax commissioner; compensation 4704 Wilkinson County; William H. Freeman Memorial Bridge; designated 791 Worth County; state court; judge; compensation 3840 Worth County; superior court; judges; salary supplement 3776 COUNTIES AND COUNTY MATTERS BY POPULATION 10,000, counties of fewer than; clerks of superior courts; office hours; inclement weather 489 100,000, more than; jury trials in probate courts 743 , 745 , 746 150,000, more than, in metropolitan statistical areas of not less than 260,000 nor more than 360,000; public works contracts 989 158,000-168,000, counties of; boards of elections; Act repealed 696 250,000-400,000, counties of; bond proceeds and contracts 1921 250,000 or more, counties of; county probation systems 1951 350,000 counties of more than; solid waste disposal site permits 215 500,000, counties of more than; excise tax on rooms, lodgings, and accommodations; domed stadium 1866 550,000 or more; bond election date 886 550,000 or more, counties of; alternative ad valorem tax deferral for the elderly 466 550,000 or more, counties of; boards and departments of health; Employees' Retirement System of Georgia; payments 920 550,000 or more, counties of; employees of county school system; membership in Teachers Retirement System of Georgia 1837 COUNTY MATTERSHOME RULE AMENDMENTS Bibb County; Acts since 1940 validated; local constitutional amendment continued 5108 Bibb County; ad valorem tax exemption for certain harvested agricultural products; local constitutional amendment continued 5149 Bibb County; building codes and permits; local constitutional amendment continued 5112 Bibb County; civil service system; local constitutional amendment continued 5122 Bibb County; employees; life and health insurance; local constitutional amendment continued 5139 Bibb County; homestead exemption; cooperative ownership; local constitutional amendment continued 5094 Bibb County; legislative powers over traffic and police powers; local constitutional amendment continued 5117 Bibb County; license fees and taxes; local constitutional amendment continued 5129 Bibb County; pension, disability, and retirement plans; local constitutional amendment continued 5144 Bibb County; special tax districts; local constitutional amendment continued 5103

Page XLII

Bibb County; street and road construction; local constitutional amendment continued 5135 Bibb County; temporary loans; local constitutional amendment continued 5098 Clayton County; pension plan; retirement dates; benefits 5169 Cobb County; streets; assessments; local constitutional amendment continued 5085 Dade County; Dade County Industrial Development Authority; local constitutional amendment continued 5062 DeKalb County; DeKalb County Pension Board; regional annual actuarial report 5176 DeKalb County; DeKalb County Pension Board; reimbursement of contributions; social security 5074 DeKalb County; DeKalb County Pension Board; selection of officers 5079 DeKalb County; structures unfit for human habitation 5088 Forsyth County; civil service system 5162 Fulton County; general employees pension fund; age; retirement 5154 Gwinnett County; Gwinnett County Recreation Authority 5039 Jeff Davis County; malt beverages and wine; license fees 5036 Oconee County; board of commissioners; meetings; publication of financial statements 5070 White County; soil erosion and sedimentation control ordinance 5033 Whitfield County; merit system; local constitutional amendment continued 5066 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; proceeds from sale of water and sewer systems 5353 Albany; assessments for street, sewer, gas, water, and other improvements 5463 Albany; budget; line item veto by mayor 5542 Albany; homestead exemption; referendum 4748 Albany; mayor and commissioners; compensation 5230 Albany; mayor pro tem.; election 5545 Alpharetta; municipal court; judge; selection; terms; compensation 3600 Alston; corporate limits 3645 Americus; chief administrative officer; office created 5305 Americus; school system; merger; Sumter County Public School System; creation; referendum 3550 Athens; redevelopment powers; referendum 3794 Atlanta; Atlanta Market for Georgia Farm Products Authority; creation 4947 Atlanta; Metropolitan Atlanta Rapid Transit Authority; transportation services contracts; financing; tax 5013 Atlanta; urban enterprise zones authorized 4164 Atlanta, Fulton County; lease of state owned property in city authorized 778 Augusta; pension benefits; beneficiaries; death of employee 5224 Augusta; pensions and retirement plan for employees; normal retirement date 5415 Augusta; pensions; surviving spouses 5428 Augusta; reorganized government of city and Richmond County; repeal city charter; referendum 3987 Augusta; retirement allowances or pensions; service 5425 Augusta; Richmond County Board of Commissioners as Augusta-Richmond County Commission-Council for both county and city; referendum 3971 Augusta; Savannah River Scenic Highway; designated 792

Page XLIII

Avondale Estates; corporate limits 4488 Avondale Estates; public works; bids; bonds 5407 Barnesville; council voting and quorum; election of mayor 4617 Bloomingdale; determination of millage rates 4151 Brunswick; Brunswick Port Authority; acquisition of property by Georgia Ports Authority 254 Brunswick; Brunswick Port Authority; transfer of property to Georgia Ports Authority; repeal of law 3935 Butler; new charter 4202 Byron; redevelopment powers; referendum 3656 Canton; ad valorem tax; bonds; school purposes 5496 Canton; ad valorem tax limitation 5466 Canton; bonds; elections; schools 5490 Canton; city manager; purchases 5514 Canton; city marshal; office abolished 5519 Canton; commutation tax 5484 Canton; executions; redemption 5477 Canton; fines and punishment 5525 Canton; municipal court; name; fines 5470 Canton; voter qualifications 5502 Canton; water closets 5508 Cartersville; homestead exemption; local constitutional amendment continued 5365 Centerville; corporate limits 3638 Clayton; elections; date 3910 Columbus, Georgia; board of tax assessors 3780 Comer; mayor and councilpersons; districts; elections 4641 Conyers; Conyers-Rockdale County Charter Commission; creation; referendum 3899 Cornelia; mayor and commission members; compensation 5434 Culloden; council member districts; elections; terms; election of mayor 4086 Dacula; homestead exemption; referendum 3667 Dallas; new charter 4121 Dalton; airport authority; creation 5201 Dalton; authority for property conveyance 3860 Dalton; easement grant 4118 Dalton; release of restrictions in quitclaim deed from the State of Georgia 179 Doraville; governing authority; retirement plan membership 5197 Douglas; homestead exemption; referendum 4282 Douglasville; Douglasville-Douglas County Water and Sewer Authority; members; allowances and expenses; residency 4010 Dublin; public utilities; ordinances; penalties; contracts; elections 3752 East Point; city departments; city manager 5236 Emerson; new charter 4549 Eton; B. T. Parks Memorial Bridge; designated 797 Fairburn; corporate limits 3704 Fayetteville; city manager; office created 5530 Fayetteville; corporate limits 4953 Fayetteville; ordinances; method of adoption 5538 Fayetteville; proposed ordinances; posting 5438 Fitzgerald; school system; merger with Ben Hill County Public School System; referendum 3573 Folkston; municipal court; jurisdiction; powers 4685 Forest Park; new charter 4409

Page XLIV

Franklin; new charter 4515 Gainesville; ad valorem taxes; installments 5392 Gainesville; Employees' Retirement Fund; benefits 5372 Gainesville; Employees' Retirement Fund; benefits 5376 Gainesville; Employees' Retirement Fund; city contribution 5368 Gainesville; Employees' Retirement Fund; repayment of withdrawn contributions 5385 Gainesville; Employees' Retirement Fund; spouse's benefits 5388 Gainesville; Gainesville Area Park Commission; name changed; membership increased; purposes 3783 Gainesville; mayor and commissioners; compensation; expenses 5381 Gainesville; municipal court; fines and penalties 5233 Gainesville; retirement system 5454 Garden City; determination of millage rates 4151 Gordon; library system 5419 Gordon; new charter 4375 Grantville; employees; appointment, suspension, or removal 5189 Grantville; mayor; administrative duties 5193 Grantiville; mayor and council; powers; duties; employees 5185 Griffin; Griffin-Spalding County Anti-Drug Commission; creation 4053 Griffin; Griffin-Spalding County Development Authority; additional members; terms 3938 Griffin; sewer service and assessments 5361 Hapeville; homestead exemption; referendum 4866 Hazlehurst; advisory referendum regarding sales of beer and wine 4861 Helena; easement under state owned real property 787 Irwinton; new charter 4341 Jonesboro; mayor and councilmen; elections; terms 4814 Jonesboro; mayor and councilmen; vacancies 4656 Kennesaw; mayor; councilmen; compensation 4280 Kingsland; corporate limits 4290 Lafayette; corporate limits 3912 Lawrenceville; homestead exemption; referendum 3670 Lenox; municipal court; penalties 5431 Lithonia; mayor and council; vacancies 4463 Loganville; new charter 4827 Macon; Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; change benefits 4872 Macon; Macon Fire and Police Employee's Retirement System 5447 Macon; Macon Pensions and Retirement System 5443 Madison; corporate limits 4453 Manchester; board of commissioners; districts; elections; vacancies 4757 Mansfield; new charter 4240 Marietta; cemetery tax; condemnation 4017 Marietta; Cobb County-Marietta Water Authority; hydroelectric facility acquisition; competitive bidding waiver 4028 Marietta; corporate limits 5028 Marietta; Downtown Marietta Development Authority; pigeon control program 3647 Marietta; lease of state owned real property 798 Millen; new charter 3712 Norcross; new charter 4961

Page XLV

Peachtree City; city officers; appointment; compensation 5217 Pelham; board of education; districts; elections; terms; tax 3787 Pooler; boards, commissions, and authorities; holders of elected offices 5397 Pooler; determination of millage rates 4151 Port Wentworth; determination of millage rates 4151 Port Wentworth; mayor and councilmen; election; terms 3995 Riverdale; homestead exemption; referendum 3951 Rome; board of education; election and terms 4690 Rome; city commission; salary 5404 Rome; school district; homestead exemption; referendum 4484 Roswell; W. L. Pug Mabry Highway; designated 789 Savannah; assessments for street improvements; interest rate 5246 Savannah; Chatham-Savannah Youth Futures Authority; creation 3743 Savannah; determination of millage rates 4151 Savannah; employees' retirement plan 5250 Savannah; homestead exemption; residents 65 or older or disabled; referendum 3706 Scotland; new charter 4314 Snellville; corporate limits 4670 Springfield; corporate limits; referendum 4091 Sugar Hill; corporate limits 4603 Talmo; new charter 4781 Thomaston; Thomaston-Upson County Airport Authority; creation 4225 Thunderbolt; determination of millage rates 4151 Tifton; Tift County Airport Authority; name changed 4303 Tybee Island; determination of millage rates 4151 Tyrone; ordinances; signature of mayor 5228 Van Wert; charter repeal 4033 Vernonburg; Chatham Area Transit Authority; contract and charter service; exclusion of town from authority 4824 Vernonburg; determination of millage rates 4151 Villa Rica; corporate limits 3851 Waleska; new charter 5311 Walnut Grove; Walnutgrove-Youth Water Authority; change name to Walton County Water and Sewerage Authority; change membership; powers 4105 Waycross; mayor; election; terms; duties 4178 Winder; annexation of state owned real property 783 Zion; corporate limits 3944 MUNICIPALITIES BY POPULATION 300,000 or more, cities of; traffic courts; jurisdiction; judges; salaries 261 400,000, municipalities of more than; excise tax on rooms, lodgings, and accommodations; domed stadium 1866 MUNICIPALITIESHOME RULE AMENDMENTS Acworth; proceeds from sale of water and sewer systems 5353 Albany; assessments for street, sewer, gas, water, and other improvements 5463 Albany; budget; line item veto by mayor 5542 Albany; mayor and commissioners; compensation 5230 Albany; mayor pro tem; election 5545

Page XLVI

Americus; chief administrative officer; office created 5305 Augusta; pension benefits; beneficiaries; death of employee 5224 Augusta; pensions; surviving spouses 5428 Augusta; pensions and retirement plan for employees; normal retirement date 5415 Augusta; retirement allowances or pensions; service 5425 Avondale Estates; public works; bids; bonds 5407 Canton; ad valorem tax; bonds; school purposes 5496 Canton; ad valorem tax limitation 5466 Canton; bonds; elections; schools 5490 Canton; city manager; purchases 5514 Canton; city marshal; office abolished 5519 Canton; commutation tax 5484 Canton; executions; redemption 5477 Canton; fines and punishment 5525 Canton; municipal court; name; fines 5470 Canton; voter qualifications 5502 Canton; water closets 5508 Cartersville; homestead exemption; local constitutional amendment continued 5365 Cornelia; mayor and commission members; compensation 5434 Dalton; airport authority; creation 5201 Doraville; governing authority; retirement plan membership 5197 East Point; city departments; city manager 5236 Fayetteville; city manager; office created 5530 Fayetteville; ordinances; method of adoption 5538 Fayetteville; proposed ordinances; posting 5438 Gainesville; ad valorem taxes; installments 5392 Gainesville; Employees' Retirement Fund; benefits 5372 Gainesville; Employees' Retirement Fund; benefits 5376 Gainesville; Employees' Retirement Fund; city contribution 5368 Gainesville; Employees' Retirement Fund; repayment of withdrawn contributions 5385 Gainesville; Employees' Retirement Fund; spouse's benefits 5388 Gainesville; mayor and commissioners; compensation; expenses 5381 Gainesville; municipal court; fines and penalties 5233 Gainesville; retirement system 5454 Gordon; library system 5419 Grantville; employees; appointment, suspension, or removal 5189 Grantville; mayor; administrative duties 5193 Grantville; mayor and council; powers; duties; employees 5185 Griffin; sewer service and assessments 5361 Lenox; municipal court; penalties 5431 Macon; Macon Fire and Police Employee's Retirement System 5447 Macon; Macon Pensions and Retirement System 5443 Peachtree City; city officers; appointment; compensation 5217 Pooler; boards, commissions, and authorities; holders of elected offices 5397 Rome; city commission; salary 5404 Savannah; assessments for street improvements; interest rate 5246 Savannah; employees' retirement plan 5250 Tyrone; ordinances; signature of mayor 5228 Waleska; new charter 5311

Page XLVII

RESOLUTIONS AUTHORIZING COMPENSATION Ms. Angie Callaway 776 Mr. Greg Harden 770 Mr. Jack Prince and Delta Y Corporation 793 Mr. Roger L. Underwood 767 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES, AND EASEMENTS American Telephone and Telegraph Company; easement under state owned property in Paulding County 187 Atlanta; lease of state owned property in city authorized 778 Bartow County; conveyance of state owned real property in county authorized 328 Chatham County; conveyance of estate for years in state owned real property 794 Clifford W. Smith; conveyance of state owned real property 774 Dalton; release of restrictions in quitclaim deed 179 Fulton County; lease of state owned property in county authorized 778 Georgia Power Company; easement over state owned property in Baldwin County 193 Gordon County; lease of state owned real property located in county 784 Hamilton County, Tennessee and the City of Chattanooga; conveyance of state owned real property 181 Helena; easement under state owned real property 787 Marietta; lease of state owned real property 798 Oglethorpe Power Corporation; easement over state owned property in Baldwin County 184 Richmond County Board of Health; conveyance of estate for years in state owned real property 176 Stephens County; lease of state owned property 771 Tattnall County; board of education; swap of property for state owned property 329 United States of America; exchange of property in Towns County 801 William A. Davis; conveyance of state owned property in Gordon County 196 Williams Bros. Division of Blue Circle, Inc.; conveyance of state owned real property 1473 MISCELLANEOUS RESOLUTIONS A. W. Al Holloway Labor Building; designated 337 Arthur T. Bacon Bridge; designated 190 B. T. Parks Memorial Bridge; designated 797 Chieftains Trail; designated 335 Commission on Criminal Sanctions and Correctional Facilities; creation 1470 Forest Hays, Jr., Correctional Institution; designated 334 George T. Bagby State Park; designated 174 Herman Eugene Talmadge Tribute Commission; creation 172 Hill Wilbanks Memorial Bridge; designated 192 James G. Connell Bridge; designated 191 James H. Sloppy Floyd; bust 803 Jasper T. Copelan Bridge; designated 777 Kenneth McCarthy Bridge; designated 768

Page XLVIII

Moore's Mill Bridge; designated 769 Savannah River Scenic Highway; designated 792 United States Constitution; Congress; compensation; ratification of amendment 326 Vietnam Memorial 2071 W. L. Pug Mabry Highway; designated 789 William H. Freeman Memorial Bridge; designated 791 Winder; annexation of state owned real property 783

Page XLIX

INDEX A A. W. AL HOLLOWAY LABOR BUILDING Designated 337 ABANDONED MOTOR VEHICLES Disposition of abandoned vehicles and parts 1948 Notices and information; law enforcement agencies; owners; liens 1750 ABORTION Parental Notification Act 661 ACCOUNTANTS Registration of offices; reports; sanctions; working papers; confidential communications; continuing education 1616 State Board of Accountancy; continuation 307 ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) Sex education and AIDS prevention instruction in schools; health services. 868 Testing; reports; records; counseling; crimes; sentencing; juveniles; marriage licenses; penal institutions; anatomical gifts 1799 ACTS Georgia Laws; editorial, compilation, and indexing services 7 Local laws; terms of municipal officers elected in 1986 765 Population bills; definition 1547 ACWORTH, CITY OF Proceeds from sale of water and sewer systems; use 5353 AD VALOREM TAXES Alternative tax deferral for the elderly in counties of 550,000 or more 466 Collection of municipal taxes by county tax commissioner or tax receiver and tax collector; contracts; assessment; compensation 368 Counties; school lunches; purchase of food 1748 County boards of equalization; members; selection; qualifications 487 County boards of equalization; members and alternates 220 County tax digests; review and equalization; Ad Valorem Assessment Review Commission; creation 1763 Historic property; class for taxation; proposed constitutional amendment 2119 Homestead exemptions for individuals over certain ages; referendum 2 Municipalities; municipal development authorities 1748

Page L

Preferential assessment of agricultural property; transfer to a relative 895 Public utilities; local assessments 1568 ADMINISTRATIVE PROCEDURE Contested cases; findings of fact; statement of facts 1936 Day-care centers; employees' records checks 1605 Department of Medical Assistance; hearings; administrative decisions 288 Licenses to practice medicine or dentistry; contested cases; stays 388 ADOPTION Health insurance coverage 1535 Special needs children; payments to licensed child-placing agencies 1945 Visitation rights of grandparents 864 ADVERTISING Optometrists; trade names 716 Telephone numbers with 976 prefixes 399 ADVISORY BOARD ON SPACE MANAGEMENT Membership 426 ADVISORY COMMISSION ON PROGRAMS FOR THE VISUALLY IMPAIRED AND THE HEARING IMPAIRED Creation 1979 AGENTS Georgia Athlete Agents Regulatory Act of 1988 651 AGRICULTURE Ad valorem taxes; preferential assessment of agricultural property; transfer to a relative 895 Export Finance Fund; creation; proposed constitutional amendment 2110 Farm wineries; sales on Sunday 222 Georgia Agricultural Exposition Authority; membership of officers and employees in the Employees' Retirement System of Georgia 201 Georgia Agrirama Development Authority; members; expenses; travel costs 200 Georgia Agrirama Development Authority; membership of officers and employees in the Employees' Retirement System of Georgia 264 Georgia Building Authority (Markets); membership 426 Grain dealers; financial statements; audits; certification; records of unlicensed persons 748 Liability in pesticide, plant growth regulator, or fertilizer contamination cases; proof 1409 Livestock running at large; sheriffs' fees for impoundment 325

Page LI

Nuisances; agricultural facilities and operations 1775 Office of Rural Development; creation 291 Seed Advisory Committee; membership 426 Seed Development Commission; membership 426 State Soil and Water Conservation Committee; contracts; grants 1336 State Soil and Water Conservation Committee; name changed to State Soil and Water Conservation Commission 269 Tobacco treated with certain pesticides; detention and condemnation 373 Water; permits; farm uses; priority during water shortages 1694 AIDS Sex education and AIDS prevention instruction in schools; health services 868 Testing; reports; records; counseling; crimes; sentencing; juveniles; marriage licenses; penal institutions; anatomical gifts 1799 AIRPORTS Sale or lease to foreign citizens or businesses prohibited 1845 ALARMS Burglar and fire alarms; electronic security systems 1847 ALBANY, CITY OF Assessments for streets, sewer, gas, water, and other improvements 5463 Budget; line item veto by mayor 5542 Homestead exemption; referendum 4748 Mayor and commissioners; compensation 5230 Mayor pro tem.; election 5545 ALCOHOLIC BEVERAGES Duty of seller to verify age of purchaser 1372 Farm wineries; sales on Sunday 222 Furnishing alcoholic beverages to minors; custodial parents; civil actions 365 Liability of person selling, furnishing, or serving or property owner 1692 Nude and sexual conduct where sold 212 Sale on Sunday in stadiums, coliseums, auditoriums, eating establishments, and special entertainment districts 232 Stone Mountain Memorial Association; alcoholic beverage sales 218 ALCOVY JUDICIAL CIRCUIT Court reporters; salary and compensation 3893 ALL-TERRAIN VEHICLES Definition 691 ALLIGATORS Alligators; alligator products, meat, and eggs 848

Page LII

ALPHARETTA, CITY OF Municipal court; judge; selection; terms; compensation 3600 ALSTON, TOWN OF Corporate limits 3645 AMERICAN TELEPHONE AND TELEGRAPH COMPANY Easement under state owned property in Paulding County 187 AMERICUS, CITY OF Chief administrative officer; office created 5305 School system; merger; Sumter County Public School System; creation; referendum 3550 AMUSEMENT RIDE SAFETY ACT Liability insurance; exemptions; cessation of rides; actions; penalties 1632 ANATOMICAL GIFTS Acquired Immunodeficiency Syndrome (AIDS) 1799 Documents; witnesses 547 Heart transplants; insurance coverage 960 ANGIE CALLAWAY Compensation 776 ANIMALS Dangerous Dog Control Law; enactment 824 Livestock running at large; sheriffs' fees for impoundment 325 APPALACHIAN JUDICIAL CIRCUIT Additional judge 234 APPEAL AND ERROR Appeals from decisions of State Board of Workers' Compensation to superior court; time 535 Appeals from decisions of state courts reviewing decisions of magistrate courts; de novo proceedings; exception 1357 Appeals to superior courts; trial without jury; consent 253 Court of Appeals; preappeal settlement conferences 1856 Death penalty cases; pretrial proceedings; appeals 1437

Page LIII

APPLING COUNTY Board of education; elections; districts; compensation 3529 APPROPRIATIONS Department of Medical Assistance; supplemental for S.F.Y. 1987-88 1 Georgia Peace Officer Standards and Training Council 483 S.F.Y. 1987-88; State of Georgia General Obligation Debt Sinking Fund (New) 198 S.F.Y. 1988-1989 1998 Supplemental for S.F.Y. 1987-88 68 ARBITRATION Georgia Arbitration Code; enactment 903 ARCHITECTS State Board of Architects; continuation 313 AREA PLANNING AND DEVELOPMENT COMMISSIONS Metropolitan areas of more than 1,000,000; membership of commissions 1834 ARTHUR T. BACON BRIDGE Designated 190 ASBESTOS Actions; limitations; revival 1996 Schools; asbestos management plan 612 ATHENS, CITY OF Redevelopment powers; referendum 3794 ATHLETE AGENTS Georgia Athlete Agents Regulatory Act of 1988 651 ATHLETIC EVENTS Department of Public Safety; Uniform Division; duties at collegiate events 1982 Ticket scalping; service charges 324 ATLANTA, CITY OF Atlanta Market for Georgia Farm Products Authority; creation 4947 Lease of state owned property in city authorized 778

Page LIV

Metropolitan Atlanta Rapid Transit Authority; transportation services contracts; financing; tax 5013 Urban enterprise zones authorized 4164 ATTORNEY GENERAL Membership on boards, commissions, and authorities 426 Membership on Georgia State Financing and Investment Commission and committee to prepare official summary of proposed constitutional amendments; proposed constitutional amendment 2116 Water Well Standards Advisory Council; representation 1373 ATTORNEYS Marriage and family therapy; licenses; qualifications; law degree 580 AUDITORS Courts; fees assessed as court costs 408 AUDITS Nonprofit contractors doing business with the state 1377 AUGUSTA, CITY OF Pension benefits; beneficiaries; death of employee 5224 Pensions; surviving spouses 5428 Pensions and retirement plan for employees; normal retirement date 5415 Reorganized government of city and Richmond County; repeal city charter; referendum 3987 Retirement allowances or pensions; service 5425 Richmond County Board of Commissioners as Augusta-Richmond County Commission-Council for both county and city; referendum 3971 Savannah River Scenic Highway; designated 792 AUTOMATIC DEFIBRILLATORS Use by emergency medical technicians and designated first responders 1918 AVIATION Ad valorem taxes of aircraft 1568 Airports; sale or lease to foreign citizens or business entities with substantial foreign ownership prohibited 1845 AVONDALE ESTATES, CITY OF Corporate limits 4488 Public works; bids; bonds 5407

Page LV

B B. T. PARKS MEMORIAL BRIDGE Designated 797 BACON, ARTHUR T., BRIDGE Designated 190 BACON COUNTY Superior court; terms 551 BAD CHECKS Fees in magistrate courts 267 Form of notice; magistrates 268 Parties who may prosecute an action 762 Sheriffs; fees 548 BAGBY, GEORGE T., STATE PARK Designated 174 BAIL Misdemeanor-bail jumping; out-of-state-bail jumping 670 Offenses bailable only before a judge of the superior courts 358 BALDWIN COUNTY State court; judge and solicitor; compensation 4470 Superior court; district attorney; salary supplement 3875 BANKING AND FINANCE Bad checks; form of notice; magistrates 268 Bad checks; magistrate court fees 267 Bad checks; parties who may prosecute an action 762 Bad checks; sheriffs' fees 548 Banks and trust companies; boards of directors; meetings 296 Code revision 13 Commitments to lend money; writing 403 Foreclosure fraud 1469 Intangible taxes; exemption; stock in financial institutions reorganized under southern region interstate banking law 1404 Interest and usury; transactions of $250,000.00 or more; written contracts 534 Moneys provided in connection with a dwelling; misrepresenting as a loan 983 Small minority business development corporations; creation 804

Page LVI

Trust companies; fiduciary funds awaiting investment or distribution; obligations; fees; disclosures 1494 Trusts; investments; prudent person; liability 725 BANKRUPTCY Exemption 1756 BANKS COUNTY Board of commissioners; terms; elections 3999 BARNESVILLE, CITY OF Council voting and quorum; election of mayor 4617 BARROW COUNTY Board of commissioners; composition; elections; districts; chairman; quorum 3585 Board of education; compensation; terms; elections; districts; referendum 3501 School district; homestead exemption; residents 62 or older; referendum 3674 BARTOW COUNTY Conveyance of state owned real property in county authorized 328 Conveyance of state owned real property to Williams Bros. Division of Blue Circle, Inc. 1473 Motor vehicle registration periods; referendum 4101 BASTARD Term replaced in Code by born out of wedlock 1720 BEN HILL COUNTY Ben Hill County Public School System; merger with school system of City of Fitzgerald; referendum 3573 BERRIEN COUNTY Magistrate court; chief magistrate; salary 4718 School district; homestead exemption; residents 62 or older; referendum 3832 BIBB COUNTY Acts since 1940 validated; local constitutional amendment continued 5108 Ad valorem tax exemption for certain harvested agricultural products; local constitutional amendment continued 5149 Board of commissioners; repeal of recall procedure 4103 Building codes and permits; local constitutional amendment continued 5112 Civil service system; local constitutional amendment continued 5122

Page LVII

Employees; life and health insurance; local constitutional amendment continued 5139 Homestead exemption; cooperative ownership; local constitutional amendment continued 5094 Legislative powers over traffic and police powers; local constitutional amendment continued 5117 License fees and taxes; local constitutional amendment continued 5129 Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; change benefits 4872 Pension, disability, and retirement plans; local constitutional amendment continued 5144 Special tax districts; local constitutional amendment continued 5103 Street and road construction; local constitutional amendment continued 5135 Temporary loans; local constitutional amendment continued 5098 BILLIARD ROOMS Licenses 1405 BLOOMINGDALE, CITY OF Determination of millage rates 4151 BOARD OF PUBLIC SAFETY Membership 426 BOATS Lake Sidney Lanier; marine toilets; discharge into lake prohibited; registration of vessels 1343 Numbering; noise muffling; personal flotation devices 410 BOILER AND PRESSURE VESSEL SAFETY ACT Exemption; liquid propane gas pressure vessels 314 BONDS Counties of not less than 250,000 nor more than 400,000; bond proceeds and contracts 1921 Counties of 500,000 or more; bond election dates 886 BRANTLEY COUNTY Brantley County Development Authority; membership; qualifications; vacancies 3942 Superior court; terms 551 BRANTLEY COUNTY DEVELOPMENT AUTHORITY Membership; qualifications; vacancies 3942

Page LVIII

BRUNSWICK, CITY OF Brunswick Port Authority; acquisition of property by Georgia Ports Authority 254 Brunswick Port Authority; transfer of property to Georgia Ports Authority; repeal of law 3935 BRUNSWICK PORT AUTHORITY Acquisition of property by Georgia Ports Authority 254 Transfer of property to Georgia Ports Authority; repeal of law 3935 BUILDINGS AND HOUSING Burglar and fire alarms; electronic security systems 1847 Construction Activity Prohibition on Abandoned Landfills Act of 1988; deeds; notices 821 Discrimination in housing 698 Georgia Residential Finance Authority; multifamily rental units; mortgage credit certificates; allocation; co-insurance 1550 Handicapped parking facilities and spaces; standards; renovations 1556 Housing authorities; cooperation with urban residential finance authorities 901 Moneys provided in connection with a dwelling; misrepresenting as a loan 983 Road and highway projects; relocation assistance; uniform land acquisition policies 1737 Smoke detectors; sleeping accommodations; construction prior to 1976 668 State Housing Trust Fund for the Homeless; expenditure of funds; programs; proposed constitutional amendment 2098 State Housing Trust Fund for the Homeless Act; enactment; commission; trust fund 717 State Office of Housing 1550 Unfit for human habitation or health hazard; unincorporated areas of counties 1419 Urban Residential Finance Authorities for Large Municipalities (400,000 or more); members; powers; audits 1530 BULLOCH COUNTY Board of commissioners; chairman and members; compensation 4631 Clerk of superior court; employees; compensation 4077 Coroner; compensation 4753 Probate court; clerk; compensation 4075 Sheriff; deputies and clerk; compensation 4079 State court; judge and solicitor; compensation 4755 Tax commissioner and assistants; compensation 3865 BURGLAR ALARMS Installation by counties and municipalities on private property 1847 BURKE COUNTY State court; judge and solicitor; compensation 3863

Page LIX

BUS AND RAIL VEHICLE PASSENGER SAFETY ACT Rail vehicle hijacking; explosives; weapons 415 BUSINESS AND OCCUPATIONAL LICENSE TAXES AND FEES Billiard room licenses 1405 Counties; criteria 1734 BUTLER, CITY OF New charter 4202 BUTTERFLY Tiger swallowtail; official state butterfly 853 BUTTS COUNTY Board of commissioners; powers; county managers created; referendum 4729 BYRON, CITY OF Redevelopment powers; referendum 3656 C CALLAWAY, ANGIE Compensation 776 CAMDEN COUNTY Kenneth McCarthy Bridge; designated 768 CANDLER COUNTY State court; secretary of solicitor; compensation 3956 CANTON, CITY OF Ad valorem tax; bonds; school purposes 5496 Ad valorem tax limitation 5466 Bonds; elections; schools 5490 City manager; purchases 5514 City marshal; office abolished 5519 Commutation tax 5484 Executions; redemption 5477 Fines and punishment 5525 Municipal court; name; fines 5470 Voter qualifications 5502 Water closets 5508

Page LX

CAPITOL Committee to supervise grounds; membership 426 CARNIVAL RIDE SAFETY ACT Certificates of inspection; permits; accident reports; insurance; exemptions; actions; penalties 950 CARROLL COUNTY Superior court; terms 257 CARTERSVILLE, CITY OF Homestead exemption; local constitutional amendment continued 5365 CATOOSA COUNTY Board of commissioners; creation; districts; elections; terms; referendum 4182 Board of utilities commissioners; selection; terms 4726 Probate court; clerical help allowance 4620 CELLULAR PHONES Emergency 911 calls; fees prohibited 465 CEMETERIES Counties authorized to preserve and protect abandoned cemeteries 318 CENSUS Population bills; definition 1547 CENTERVILLE, CITY OF Corporate limits 3638 CHARITABLE ORGANIZATIONS Georgia Charitable Solicitations Act of 1988; enactment 490 CHARLTON COUNTY Board of education; elections; districts 3691 CHATHAM AREA TRANSIT AUTHORITY Contract and charter service; exclusion of Town of Vernonburg from authority 4824

Page LXI

CHATHAM COUNTY Board of commissioners; meetings; agenda; budget requests 3649 Chatham Area Transit Authority; contract and charter service; exclusion of Town of Vernonburg from authority 4824 Chatham-Savannah Youth Futures Authority; creation 3743 Conveyance of estate for years in state owned real property 794 Determination of millage rates 4151 Officials; compensation 4050 CHATHAM-SAVANNAH YOUTH FUTURES AUTHORITY Creation 3743 CHATTANOOGA, TENNESSEE Conveyance of state owned real property 181 CHATTOOGA COUNTY State court; judge and solicitor; compensation 4810 CHEROKEE COUNTY Cherokee County Water and Sewerage Authority; compensation of members; bonds 4706 Moore's Mill Bridge; designated 769 School district; homestead exemption; referendum 3677 State Court of Cherokee and Forsyth Counties; judge and solicitors; compensation 4648 CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITY Compensation of members; bonds 4706 CHIEFTAINS TRAIL Designated 335 CHILD CUSTODY Uniform Child Custody Jurisdiction Act; definitions; custody proceeding; state 1408 Visitation rights; custodial parent; notice of change of address 1368 CHILDREN Abortion; Parental Notification Act 661 Adoption; health insurance coverage 1535 Adoption; special needs children; payments to licensed child-placing agencies 1945 Alcoholic beverages; duty to verify age 1372

Page LXII

Child abuse; reports; child-counseling and child service organization personnel; photographs 1624 Child labor; employment; hours; injunctions 1629 Child labor; school vacation months; care of lawns, gardens, and shrubbery 583 Commission on Children and Youth; creation 871 County child abuse protocol committees; composition 474 Day-care centers; employees' records checks 1605 Furnishing alcoholic beverages to minors; custodial parents; civil actions 365 Group day-care homes and day-care centers; space requirements; additional children 217 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Minor child drug screening program 1761 Missing Children Information Center; definition; age 667 Motor vehicle child passenger restraining systems 480 Visitation rights of grandparents 864 CHIROPRACTORS Georgia Board of Chiropractic Examiners; continuation 530 Recommending use of vitamins, minerals, and food supplements 485 CITIES See Municipal Corporations or Local Government CITY OF DALTON AIRPORT AUTHORITY Creation 5201 CIVIL PRACTICE Alcoholic beverages; liability of person selling, furnishing, or serving or property owner 1692 Asbestos actions; limitation of actions; revival 1996 Auditors and special masters; fees assessed as court costs 408 Civil actions for damages for willful damage or theft of personal property 404 Family violence; petitions; allegations 1248 Foreign money judgments; filing fees; clerks of superior courts 320 Furnishing alcoholic beverages to minors; custodial parents; civil actions 365 Georgia Administrative Procedure Act; contested cases; findings of fact; statement of facts 1936 Georgia Arbitration Code; enactment 903 Habeas corpus death penalty cases; judicial assistance 1958 Influencing witnesses 316 Production of documents or things; confidentiality; mental illness, mental retardation, and alcohol and drug treatment 375 Seat belts; damages; evidence 31 Sovereign immunity and official immunity; proposed constitutional amendment 2121 Subpoenas; enforcement; attachment for contempt Vetoed HB 1292

Page LXIII

CIVIL RIGHTS Housing discrimination 698 CLARKE COUNTY Clarke County Airport Authority; creation 4906 Classic Center Authority for Clarke County; creation 3799 CLARKE COUNTY AIRPORT AUTHORITY Creation 4906 CLASSIC CENTER AUTHORITY FOR CLARKE COUNTY Creation 3799 CLAYTON, CITY OF Elections; date 3910 CLAYTON COUNTY Board of commissioners; chairman and members; compensation 3992 Board of education; number of members; referendum 4001 Clayton Judicial Circuit; court reporters; compensation 4768 Coroner; compensation 4761 Homestead exemption; school district taxes; referendum 3523 Pension plan; retirement dates; benefits 5169 Probate court; judge; compensation 4766 School district; superintendent; appointment; referendum 4307 Sheriff; clerk and deputy clerk of superior court; compensation 4763 Staggered motor vehicle registration periods; referendum 3527 State court; additional judge 3933 State court; judge; solicitor; deputy clerk; compensation 4772 Tax commissioner and deputy; compensation 4770 CLAYTON JUDICIAL CIRCUIT Court reporters; compensation 4768 CLIFFORD W. SMITH Conveyance of state owned real property 774 COBB COUNTY Civil service system; classified and unclassified service 4004 Civil service system; removal of juvenile court officer from jurisdiction of system 3792 Clerk and deputy clerk of superior court; sheriff, chief deputy, investigator, and secretary; compensation 4445 Cobb County Commission on Children and Youth; creation 3569

Page LXIV

Cobb County Community Improvement District; purposes; definitions; continued existence 3887 Cobb County-Marietta Water Authority; hydroelectric facility acquisition; competitive bidding waiver 4028 Cobb Judicial Circuit; district attorney; county supplement; assistants and investigators 4156 Homestead exemption; referendum 4070 Juvenile court; judge; compensation 4812 Magistrate court; chief magistrate; qualifications 4451 Motor vehicle registration periods; referendum 4479 Probate court; judge and clerk; compensation 4461 School system; homestead exemption; referendum 4286 State court; clerk and deputy clerk; compensation 4778 State court; costs 4735 State court; judges; compensation 4081 , 4449 State court; solicitor and assistants; compensation 3959 Streets; assessments; local constitutional amendment continued 5085 Superior court; judges; salary supplement 4468 Tax commissioner; executive secretary; compensation 3838 Tax commissioner and clerk; compensation 4819 COBB COUNTY COMMUNITY IMPROVEMENT DISTRICT Purposes; definitions; continued existence 3887 COBB COUNTY-MARIETTA WATER AUTHORITY Hydroelectric facility acquisition; competitive bidding waiver 4028 COBB JUDICIAL CIRCUIT District attorney; county supplement; assistants and investigators 4156 Judges; salary supplement 4468 COLUMBIA COUNTY Board of commissioners; chairman and members; allowances and expenses; powers 4083 Homestead exemption; referendum 4622 Tax commissioner; compensation 4625 COLUMBUS, GEORGIA Board of tax assessors 3780 COMER, CITY OF Mayor and councilpersons; districts; elections 4641 COMMERCE AND TRADE Business and occupational license taxes and fees of counties; criteria 1734 Code revision 13

Page LXV

Commodities and commodity contracts; regulation; commodity merchants; precious metals 1636 Consumer Advisory Board; membership 426 Export Finance Fund; creation; proposed constitutional amendment 2110 Fair Business Practices Act of 1975; actions; injunctions; damages; procedures; appeals; investigative demands; civil penalties 1659 Fair Business Practices Act of 1975; moneys provided in connection with a dwelling; misrepresenting as a loan 983 Fair Business Practices Act of 1975; promotional schemes; vacations; prizes 1657 Fair Business Practices Act of 1975; telephone numbers with 976 prefixes; advertising 399 Geo. L. Smith II Georgia World Congress Center Authority; contracts; local trade and convention centers 673 Geo. L. Smith II Georgia World Congress Center Authority; domed stadium; powers; bonds 556 Georgia Securities Act of 1973; investment advisers and investment adviser representatives; regulation 1290 Georgia State Warehouse Act; books and records; licenses; financial statements; audits 750 Grain dealers; financial statements; records of unlicensed persons 748 Investment advisers and investment adviser representatives; regulation 1290 Motor vehicle dealers; new vehicles; registration and place of business 854 Motor Vehicle Sales Finance Act; subleases of motor vehicles; motor vehicles for hire 861 Multilevel distribution companies; regulation 1868 Nonprofit contractors doing business with the state; audits; financial statements 1377 Optometrists; advertising; trade names 716 Public works contracts; bid bonds 348 Seed-Capital Fund; creation authorized; proposed constitutional amendment 2106 Small minority business development corporations; creation 804 Ticket scalping; service charges 324 Tobacco treated with certain pesticides; detention and condemnation 373 Trademarks and service marks; counties and municipalities; service mark registration; liquidated damages 1458 COMMISSION ON CHILDREN AND YOUTH Creation 871 COMMISSION ON CRIMINAL SANCTIONS AND CORRECTIONAL FACILITIES Creation 1470 COMMITTEE ON INTERSTATE COOPERATION Membership 426 COMMODITIES Regulation of commodities, commodity contracts, commodity merchants, futures, and precious metals 1636

Page LXVI

COMMUNITY AFFAIRS, DEPARTMENT OF Continuation 38 Office of Rural Development Advisory Committee on Rural Development; creation 291 State Mapping and Land Records Modernization Advisory Board 1913 COMMUNITY EDUCATION AND DEVELOPMENT ACT Enactment; grants to boards of education 1829 COMPOSITE STATE BOARD OF MEDICAL EXAMINERS Continuation 530 Informed consent; rules and regulations; notices 1443 Licenses to practice medicine; stays in contested cases 388 CONGRESS Compensation; ratification of amendment to United States Constitution 326 CONNELL, JAMES G., BRIDGE Designated 191 CONSERVATION AND NATURAL RESOURCES Code revision 13 Forests; permits for burning 477 George T. Bagby State Park; designated 174 Georgia Hazardous Waste Management Act; designated hazardous waste; definitions; rules and regulations; proceedings; releases into the environment 727 Georgia Hazardous Waste Management Authority; membership 426 Georgia Hazardous Waste Management Authority; projects; powers of Department of Industry and Trade; liability; fees; assignment 1934 Georgia Underground Storage Tank Act; enactment 2072 Jekyll IslandState Park Authority; sale of real property prohibited; exception 1635 Oil or hazardous materials; spills or releases; reports; proceedings; penalties 354 Pesticide, plant growth regulator, or fertilizer contamination cases; liability; proof 1409 Professional forestry; definition; State Board of Registration for Foresters; membership; powers; licenses; funds; continuation 953 Sewage; vessels on Lake Sidney Lanier; marine toilets; discharge into lake prohibited 1343 Solid waste disposal site permits; distance from county line 215 Solid waste disposal site permits; national historic monuments 251 Solid Waste Management Act; solid waste from outside the state; Environmental Protection Division; powers; funds; Solid Waste Management Trust Fund; special solid waste 1965

Page LXVII

Southeast Interstate Low-Level Radioactive Waste Management Compact; withdrawal of party state 948 State Soil and Water Conservation Committee; contracts; grants 1336 State Soil and Water Conservation Committee; name changed to State Soil and Water Conservation Commission 269 Stone Mountain Memorial Association; alcoholic beverage sales 218 Stone Mountain Memorial Association; sale of real property prohibited; exception 1635 Submerged cultural resources 945 Water; permits; farm uses; rates; modifications; priority during water shortages 1694 Water Well Standards Act of 1985; Attorney General; duties; water well contractors; licenses; distance between wells and septic tanks; variances 1373 CONSTITUTION OF THE STATE OF GEORGIA Ad valorem taxes; historic property; proposed constitutional amendment 2119 Attorney General; membership on Georgia State Financing and Investment Commission and committee to prepare official summary of proposed constitutional amendments; proposed constitutional amendment 2116 Commission to renumber and redesignate provisions of the Constitution; proposed constitutional amendment 2104 Commissioner of education; office created; appointment; proposed constitutional amendment 2100 Export Finance Fund; creation; proposed constitutional amendment 2110 General Assembly; members; terms of office; proposed constitutional amendment 2114 Indigent Care Trust Fund; Medicaid coverage; proposed constitutional amendment 2126 Industrial areas; removal of property and adjacent public rights of way; proposed constitutional amendment 2112 Jails, correctional institutions, and detention facilities; counties; additional penalties or fees; proposed constitutional amendment 2125 Seed-Capital Fund; creation authorized; proposed constitutional amendment 2106 Special service districts; temporary loans; proposed constitutional amendment 2108 Sovereign immunity and official immunity; proposed constitutional amendment 2121 State Housing Trust Fund for the Homeless; expenditure of funds; proposed constitutional amendment 2098 Summaries of constitutional amendments 426 Victims of crime; compensation; proposed constitutional amendment 2096 CONSTITUTION OF THE UNITED STATES Congress; compensation; ratification of amendment 326 CONSTRUCTION ACTIVITY PROHIBITION ON ABANDONED LANDFILLS ACT OF 1988 Enactment 821

Page LXVIII

CONSUMER ADVISORY BOARD Membership 426 CONSUMER WARRANTY AGREEMENTS Electrical or electronic consumer products 1467 CONSUMERS' UTILITY COUNSEL Attachment of office; personnel; repeal 1718 CONTRACTS Commissioner of corrections 1448 Commitments to lend money 403 Commodities 1636 County and municipal multiyear lease, purchase, and lease purchase contracts; contracts with private nonprofit organizations for location of new industry 1954 Department of Transportation; contracts; site examinations; subsurface conditions 1908 Interest and usury; transactions of $250,000.00 or more; written contracts 534 Multilevel distribution companies 1868 Public works; bid bonds; actions 348 CONTROLLED SUBSTANCES Cocaine; cocaine mixtures; morphine; opium; marijuana; possession 420 Imitations 1065 Minor child drug screening program 1761 Seized currency 958 CONYERS, CITY OF Conyers-Rockdale County Charter Commission; creation; referendum 3899 CONYERS-ROCKDALE COUNTY CHARTER COMMISSION Creation; referendum 3899 COPELAN, JASPER T., BRIDGE Designated 777 CORNELIA, CITY OF Mayor and commission members; compensation 5434 CORONERS Fee system; training course; expense allowance; transportation 1539 Fees; abolition of office by local law with referendum; medical examiners 722

Page LXIX

Medical examiner; definition 1631 Vacancies 586 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Banks and trust companies; boards of directors; meetings 296 Charitable corporations, associations, and entities; office buildings; development authorities 685 Charitable corporations, organizations, and entities; regulation; fund raisers 490 Corporations; business and nonprofit; failure or refusal to file annual reports; penalties; involuntary dissolution 157 Derivative actions 1070 Directors and officers; borrowing 1070 Electric membership corporations and foreign electric cooperatives; officers and directors; standard of care; liability; indemnification 1451 Georgia Business Corporation Code; revision 1070 Georgia Revised Uniform Limited Partnership Act; enactment 1016 Insurable interest of publicly owned corporations in lives of directors, officers, and employees 317 Mergers, business combinations, and consolidations of resident domestic corporations with interested shareholders 158 Nonprofit associations; safety or sports programs; liability 383 Professional corporations; shareholders to be active practitioners in corporation 1369 Secretary of State; fees; state-wide county computerized information network for access to corporate records; clerks of superior courts 303 Small minority business development corporations; creation 804 Takeovers 158 COUNCIL OF MAGISTRATE COURT JUDGES Creation 461 COUNCIL OF PROBATE COURT JUDGES OF GEORGIA Creation 743 COUNCIL OF STATE COURT JUDGES OF GEORGIA Creation 461 COUNCIL OF SUPERIOR COURT JUDGES Death penalty habeas corpus cases; judicial assistance 1958 COUNTIES Ad valorem taxes; school lunches; purchase of food 1748 Airports; sale or lease to foreign citizens or businesses prohibited 1845 Annual report of local government finances to be filed with Department of Community Affairs 1393

Page LXX

Billiard room licenses 1405 Board of elections in counties of 158,000-168,000; Act repealed 696 Bond election date in counties of 550,000 or more 886 Bond proceeds and contracts in counties of not less than 250,000 nor more than 400,000 1921 Burglar and fire alarms; electronic security systems; installation on private property 1847 Business and occupational license taxes and fees; criteria 1734 Capital felony prosecutions; reimbursement of counties for expenses 1859 Cemeteries; protection and preservation of abandoned cemeteries 318 Child abuse protocol committees; composition 474 Civil service systems for county employees 1627 Clerks of superior court; judges of probate courts; sheriffs; tax commissioners and collectors; minimum annual salaries; cost-of-living adjustments 931 Consolidated city-county governments; boards of health; environmental health services fees 1757 Contracts for public works; bid bonds 348 Coroners; fee system; training course; expense allowance; transportation 1539 County boards and departments of health in counties of 550,000 or more; retirement 920 County boards of equalization; additional alternate members; selection of members from jury lists 220 County boards of equalization; members; selection; qualifications 487 County boards of family and children services; nominees for membership 1354 County correctional institutions; wardens; police power 464 County officials; candidates; Ethics in Government Act 603 County probation systems in counties of 250,000 or more to become part of state-wide probation system 1951 County real property; sale; recreational set-aside property 676 County surveyors; qualifications 555 County tax digests; review and equalization; Ad Valorem Assessment Review Commission; creation 1763 Dangerous Dog Control Law 824 Department of Administrative Services; services for local political subdivisions 1944 Development authorities; office buildings for charitable corporations, associations, or entities 685 Excise tax on rooms, lodgings, and accommodations; counties of more than 500,000; domed stadium 1866 Housing authorities; cooperation with urban residential finance authorities 901 Insurance premiums taxes 1581 Jails, correctional institutions, and detention facilities; fees; proposed constitutional amendment 2125 Jails and correctional institutions; grants; cooperative agreements 256 Judges of the probate courts; county surveyors; coroners; tax commissioners, receivers, and collectors; vacancies; personnel 586 Law library; judges of the probate courts; Official Code of Georgia Annotated 745 Lease of property 1431 Magistrate courts; judges; minimum salaries 424 Metropolitan area planning and development commissions; areas of more than 1,000,000; membership of commissions 1834

Page LXXI

Multiyear lease, purchase, and lease purchase contracts; contracts with private nonprofit organizations for location of new industry 1954 Municipal taxes; collection by county tax commissioner or tax receiver and tax collector; contracts 368 Open meetings 235 Open records 243 Police and fire vehicles; lights; permits 582 Population bills; definition 1547 Public works contracts; counties of more than 150,000 in any metropolitan statistical area of not less than 260,000 nor more than 360,000 989 Roads; relocation assistance; uniform land acquisition policies 1737 Service marks; registration 1458 Solid waste disposal site permits; distance from county line 215 Special service districts; temporary loans; proposed constitutional amendment 2108 State-wide county computerized information network; access to corporate records 303 Tax commissioners, receivers, and collectors; vacancies; personnel 1449 , 586 Trade and convention centers; contracts 673 COURT OF APPEALS Preappeal settlement conferences; procedure; judges 1856 Reports 426 Reports; advance reports; rules; forms 1432 COURTS Appeals to superior courts; trial without jury; consent 253 Auditors and special masters; fees assessed as court costs 408 Code revision 13 Court of Appeals; preappeal settlement conferences 1856 Court of Appeals; reports 426 Court of Appeals; reports; advance reports; rules; forms 1432 Death penalty habeas corpus cases; requests for judicial assistance; The Council of Superior Court Judges 1958 Family violence; protective orders; enforcement; duties of sheriffs and law enforcement officers 1250 Fines; community service 463 Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 Georgia Motor Vehicle Accident Reparations Act; jurisdiction of courts to try violations 1890 Grand juries; indictment and appearance of members of municipal governing authorities 298 Grand juries; lists of persons who hinder, obstruct, or interfere with a sheriff, constable, or other officer 549 Intimidating, impeding, or obstructing jurors or court officers; penalties 391 Juries; expense allowance; court bailiffs; compensation Vetoed SB 516 Juvenile courts; abortion; Parental Notification Act 661 Juvenile courts; Acquired Immunodeficiency Syndrome; testing; reports; records; counseling; crimes; sentencing 1799

Page LXXII

Magistrate courts; abatement of nuisances in unincorporated areas 1419 Magistrate courts; appeals 1357 Magistrate courts; bad checks; form of notice 268 Magistrate courts; judges; minimum salaries 424 Magistrate courts; penalties; Peace Officer and Prosecutor Training Fund 286 Magistrate courts; postjudgment interrogatories; unpaid judgments; fees; bad check citations 267 Magistrate courts; The Council of Magistrate Court Judges; creation 461 Probate courts; judges; minimum annual salaries; cost-of-living adjustments 931 Probate courts; judges; training; expenses 746 Probate courts; judges; vacancies; clerks 586 Probate courts; Judges of the Probate Courts Retirement Fund of Georgia; benefits 630 Probate courts; Judges of the Probate Courts Retirement Fund of Georgia; commissioners 426 Probate courts; jurisdiction; misdemeanor game and fish cases 1418 Probate courts; jury trials in counties of more than 100,000 743 , 745 , 746 Probate courts; Official Code of Georgia Annotated 745 Probate courts; The Council of Probate Court Judges of Georgia; creation 743 Sheriffs; fees 548 Sheriffs; fees for impounding stray livestock 325 Sheriffs; honorary office of sheriff emeritus; creation 585 Sheriffs; minimum annual salaries; cost-of-living adjustments 931 State courts; appeals from decisions reviewing decisions of magistrate courts 1357 State courts; bailiffs; compensation; jurors; expense allowance Vetoed SB 516 State courts; fines and forfeited bonds 352 State courts; The Council of State Court Judges of Georgia; creation 461 Superior Court Clerks' Retirement Fund of Georgia; retirement benefits 626 Superior Court Judges Retirement Fund of Georgia; trustees 426 Superior Court Judges Retirement System; trustees 426 Superior courts; Alcovy Judicial Circuit; court reporters 3893 Superior courts; Appalachian Judicial Circuit; additional judge 234 Superior courts; appeals from decisions of State Board of Workers' Compensation; time 535 Superior courts; appeals from inferior courts; jury; consent 253 Superior courts; bailiffs; jurors; compensation Vetoed SB 516 Superior courts; capital felony prosecutions; reimbursement of counties for expenses 1859 Superior courts; child abuse protocol committees; composition 474 Superior courts; clerks; closing office during lunch in counties of fewer than 10,000; inclement weather 489 Superior courts; clerks; fees; petitions alleging family violence; foreign money judgments 320 Superior courts; clerks; guardianships over property; filing 1715 Superior courts; clerks; minimum annual salaries; cost-of-living adjustments 931 Superior courts; clerks; records of sex criminal convictions 893 Superior courts; clerks; state-wide county computerized information network; access to corporate records 303 Superior courts; Coweta Judicial Circuit; terms; Carroll County 257

Page LXXIII

Superior courts; district attorneys' investigators; retirement 1338 Superior courts; District Attorneys Retirement Fund of Georgia; trustees 426 Superior courts; District Attorneys' Retirement System; trustees 426 Superior courts; honorary office of sheriff emeritus; creation 585 Superior courts; Jackson County; terms 258 Superior courts; offenses bailable only before a judge of the superior courts; courts of inquiry; schedules; appeal bonds 358 Superior courts; sessions outside county site in certain counties 259 Superior courts; sheriffs; fees 548 Superior courts; sheriffs; fees for impounding stray livestock 325 Superior courts; sheriffs; honorary office of sheriff emeritus 585 Superior courts; sheriffs; minimum annual salaries; cost-of-living adjustments 931 Superior courts; Sheriffs' Retirement Fund of Georgia; fines and forfeited bonds 352 Superior courts; Stone Mountain Judicial Circuit; additional judge 223 Superior courts; Superior Court Clerks' Retirement Fund of Georgia; commissioners 426 Superior courts; Superior Court Clerks' Retirement Fund of Georgia; commissioners; retirement benefits 626 Superior courts; Waycross Judicial Circuit; terms 551 Supreme Court; death penalty cases; pretrial review 1437 Supreme Court; reports 426 Supreme Court; reports; advance reports; rules; forms 1432 Traffic courts in cities of 300,000 or more; jurisdiction; judges; salaries 261 Witness fees for law enforcement officers Vetoed HB 1292 COWETA COUNTY Board of commissioners; vacancies 3710 School district; homestead exemption; referendum 4714 COWETA JUDICIAL CIRCUIT Terms; Carroll County 257 CRAWFORD COUNTY Board of education; meetings Vetoed HB 1819 Probate court; jurisdiction over ordinance violations 4687 School district; homestead exemption; referendum 4063 CRIMES AND OFFENSES Acquired Immunodeficiency Syndrome (AIDS) 1799 Additional penalties or fees for county jails, correctional institutions, and detention facilities; proposed constitutional amendment 2125 Bad checks; citations; magistrate court fees 267 Bad checks; form of notice; magistrates 268 Bad checks; parties who may prosecute an action 762 Bad checks; sheriffs; fees 548 Bad jumping; misdemeanor-bail jumping; out-of-state-bail jumping 670

Page LXXIV

Bail; offenses bailable only before a judge of the superior courts 358 Bus and Rail Vehicle Passenger Safety Act; rail vehicle hijacking; explosives; weapons 415 Capital felony prosecutions; reimbursement of counties for expenses 1859 Child abuse; reports; child-counseling and child service organization personnel; photographs 1624 Civil actions for willful damage or theft of personal property 404 Code revision 13 Commission on Criminal Sanctions and Correctional Facilities; creation 1470 Controlled substances; imitations 1065 Controlled substances; seized currency; deposit in interest-bearing account; photographs, photocopies, or video tapes as evidence 958 Controlled substances and dangerous drugs; cocaine; cocaine mixtures; morphine; opium; marijuana; possession 420 Criminal history records; dissemination 203 Damage to personal property; civil actions for damages 404 Damage to property subject to a security interest; penalties 299 Death penalty; habeas corpus cases; judicial assistance 1958 Death penalty; persons not to be executed; pleas of guilty but mentally retarded 1003 Death penalty; persons required to be present at executions; witnesses 252 Death penalty; pretrial review; demand for trial 1437 Drugs; minor child drug screening program 1761 False identification documents 760 Family violence; definition; arrests 1251 Family violence; domestic violence orders; violations; penalties 1249 Family violence; petitions; allegations 1248 Family violence; petitions; filing fees; clerks of superior courts 320 Family violence; programs and shelters; licensing 1287 Family violence; protective orders; enforcement 1250 Fines; community service 463 Firearms; carrying exemption from prohibition for full-time officials 472 Firearms; school security personnel 612 Foreclosure fraud 1469 Hazing students 694 Housing discrimination 698 Influencing witnesses; threats of injury to employment; administrative proceedings 316 Intimidating, impeding, or obstructing jurors or court officers; penalties 391 Habitual violators of traffic laws; penalties 385 Health records; destruction, alteration, or falsification 412 Multilevel distribution companies 1868 Nude or sexual conduct where alcoholic beverages are sold 212 Obstructing or hindering a firefighter; penalties 301 Pandering; solicitation of sodomy; solicitation of person under 17; penalties 1797 Probation; suspension of sentence; maximum duration; revocation 1911 Profane or lewd stickers, decals, or emblems on motor vehicles 1561 Sexual exploitation of children; sexually explicit conduct; typographical errors 11 Solicitations for telephone calls to 976 numbers 1246 Theft by conversion of leased or rented personal property 763 Theft or damage of personal property; civil actions for damages 404

Page LXXV

Ticket scalping; service charges 324 Unlawful commercial fishing; penalties 364 Victims of crime; compensation 591 Victims of crime; compensation; proposed constitutional amendment 2096 CRIMINAL JUSTICE COORDINATING COUNCIL Membership, chairman of Juvenile Justice Coordinating Council 242 CRIMINAL PROCEDURE Acquired Immunodeficiency Syndrome (AIDS); testing; sentencing 1799 Arrest; annual training of peace officers 1063 Arrest; family violence; definition 1251 Bail jumping 670 Bonds and recognizances; offenses bailable only before a judge of the superior courts; offenses bailable before a court of inquiry; schedules; appeal bonds 358 Capital felony prosecutions; reimbursement of counties for expenses 1859 Criminal history records; dissemination 203 Death penalty; habeas corpus cases; judicial assistance 1958 Death penalty; mental competency to be executed; persons not to be executed 1003 Death penalty; persons required to be present at executions; witnesses 252 Death penalty; pretrial review by the Supreme Court; demand for trial 1437 Demand for trial in death penalty cases; computation of terms 1437 Family violence; petitions; allegations 1248 Fines; community service 463 Fiens and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 First offenders; criminal history records; dissemination 203 Indictment of members of municipal governing authorities 298 Influencing witnesses 316 Pleas of insanity or mental incompetency; guilty but mentally retarded; death penalty; persons not to be executed; mental competency to be executed 1003 Probation; county probation systems in counties of 250,000 or more 1951 Probation; suspension of sentence; maximum duration; revocation 1911 Probation; transfer of probation supervision to judicial circuit in which probationer resides 988 Subpoenas; enforcement; attachment for contempt Vetoed HB 1292 Victims of crime; compensation 591 Victims of crime; compensation; proposed constitutional amendment 2096 Witnesses; prisoners under sentence of death; delivery; procedure 1732 CULLODEN, CITY OF Council member districts; elections; terms; election of mayor 4086 D DACULA, CITY OF Homestead exemption; referendum 3667

Page LXXVI

DADE COUNTY Dade County Industrial Development Authority; local constitutional amendment continued 5062 DADE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Local constitutional amendment continued 5062 DALLAS, CITY OF New charter 4121 DALTON, CITY OF Airport authority; creation 5201 Authority for property conveyance 3860 Easement grant 4118 Release of restrictions in quitclaim deed from the State of Georgia 179 DANGEROUS DOG CONTROL LAW Enactment 824 DAVIS, WILLIAM A. Conveyance of state owned property in Gordon County 196 DAY-CARE HOMES AND CENTERS Employees; records checks; hearing officers 1605 Space requirements; additional children 217 DEBTOR AND CREDITOR Bankruptcy; exemption; public retirement or pension systems; nonprofit corporations 1756 Commitments to lend money; writing 403 Foreclosure fraud 1469 Foreign money judgments; filing fees 320 Moneys provided in connection with a dwelling; misrepresenting as a loan 983 State government; prompt payment of debts; interest Vetoed SB 618 Tax sales; notice to defendant; redemption period; expiration 1957 DECEPTIVE TRADE PRACTICES Moneys provided in connection with a dwelling; misrepresenting as a loan 983 Promotional schemes; vacations; prizes 1657 Telephone numbers with 976 prefixes; advertising 399

Page LXXVII

DEKALB COUNTY DeKalb County Pension Board; regional annual actuarial report 5176 DeKalb County Pension Board; reimbursement of contributions; social security 5074 DeKalb County Pension Board; selection of officers 5079 Governing authority; vote of chief executive; department heads under merit system; referendum 4740 Homestead exemption; referendum 4114 Lenox Park Community Improvement District; creation 4582 Magistrate court; chief magistrate; compensation 4099 School district; homestead exemption; referendum 4160 State court; deputy clerks 3817 State court; judges; compensation 3665 Structures unfit for human habitation 5088 Superior court; additional judge 223 DELTA Y CORPORATION Compensation 793 DENTISTS Georgia Board of Dentistry; continuation 530 Licenses to practice; contested cases; stays 388 DENTURES AND DENTAL PROSTHESES Markings 742 DEPARTMENT OF ADMINISTRATIVE SERVICES Services for local political subdivisions; reserve fund for new equipment 1944 DEPARTMENT OF COMMUNITY AFFAIRS Annual report of local government finances 1393 Community education and development grants 1829 Continuation; powers; duties; board; advisory councils; general provisions 38 Office of Rural Development 291 State Mapping and Land Records Modernization Advisory Board; creation 1913 DEPARTMENT OF HUMAN RESOURCES Health care date system 991 DEPARTMENT OF INDUSTRY AND TRADE Domed stadium; powers; land 556 Hazardous wastes; powers 1934

Page LXXVIII

DEPARTMENT OF MEDICAL ASSISTANCE Hearings; administrative decisions 288 DEPARTMENT OF PUBLIC SAFETY Collegiate athletic events 1982 Records; evidence; photocopies and computer printouts 470 Uniform Division; automobile races; security Vetoed HB 1700 Uniform Division; process servers 312 DEPARTMENT OF TECHNICAL AND ADULT EDUCATION Creation 1252 DEVELOPMENT AUTHORITIES Municipal taxes 1748 Office buildings for charitable corporations, associations, or entities 685 DISPOSSESSORY PROCEEDINGS Suspension of utility service by landlord 923 DISTRICT ATTORNEYS Abandoned motor vehicles and parts; disposition 1948 Investigators; Employees' Retirement System of Georgia; membership 1338 DISTRICT ATTORNEYS RETIREMENT FUND OF GEORGIA Trustees 426 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Trustees 426 DOGS Dangerous Dog Control Law; enactment 824 DOMED STADIUM Excise tax on rooms, lodgings, and accommodations; counties of more than 500,000; municipalities of more than 400,000 1866 Geo. L. Smith II Georgia World Congress Center Authority; Department of Industry and Trade; powers 556 DOMESTIC RELATIONS Adoption; health insurance coverage 1535 Adoption; special needs children; payments to licensed child-placing agencies 1945

Page LXXIX

Child abuse; county child abuse protocol committees; composition 474 Child abuse; reports; child-counseling and child service organization personnel; photographs 1624 Child custody; Uniform Child Custody Jurisdiction Act; definitions 1408 Child custody; visitation rights; custodial parent; notice of change of address 1368 Child custody; visitation rights; grandparents 864 Code revision 13 Commission on Children and Youth; creation 871 Family violence; definition; arrests 1251 Family violence; domestic violence orders; violations; penalties 1249 Family violence; petitions; allegations 1248 Family violence; petitions; filing fees; clerks of superior courts 320 Family violence; programs and shelters; licensing 1287 Family violence; protective orders; enforcement 1250 Foster parents and foster children; liability insurance or indemnity contracts 1714 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Marriage and family therapy; licenses; qualifications; law degree 580 Marriage licenses; Acquired Immunodeficiency Syndrome (AIDS) 1799 Missing Children Information Center; definition; age 667 Visitation rights of grandparents; actions; adoptions 864 DORAVILLE, CITY OF Governing authority; retirement plan membership 5197 DOUGHERTY COUNTY County administrator; contracts 4751 Magistrate court; designation of chief magistrate 3858 Probate court; judge; salary 4808 DOUGLAS, CITY OF Homestead exemption; referendum 4282 DOUGLAS COUNTY Douglasville-Douglas County Water and Sewer Authority; members; allowances and expenses; residency 4010 West Georgia Regional Water Authority; creation 4926 DOUGLASVILLE, CITY OF Douglasville-Douglas County Water and Sewer Authority; members; allowances and expenses; residency 4010 DOUGLASVILLE-DOUGLAS COUNTY WATER AND SEWER AUTHORITY Members; allowances and expenses; residency 4010

Page LXXX

DOWNTOWN DEVELOPMENT AUTHORITIES Contracts with urban residential finance authorities 902 Projects; not for profit hospitals, skilled nursing homes, and intermediate care homes 1463 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY Pigeon control program 3647 DRIVERS' LICENSES See Motor Vehicles and Traffic DRUGS Cocaine; cocaine mixtures; morphine; opium; marijuana; possession 420 Imitation controlled substances 1065 Minor child drug screening program 1761 Seized currency 958 DUBLIN, CITY OF Public utilities; ordinances; penalties; contracts; elections 3752 E EAST POINT, CITY OF City departments; city manager 5236 EDUCATION Asbestos management plans; local board meetings; local school superintendents; children in custody of Department of Human Resources 612 Certification of professional personnel; application fees 1735 Child labor; employment; hours; injunctions 1629 Child labor; school vacation months; care of lawns, gardens, and shrubbery 583 Code revision 13 Collegiate athletic events; Department of Public Safety; Uniform Division; duties; costs 1982 Commissioner of education; office created; appointment; proposed constitutional amendment 2100 Community Education and Development Act; enactment; grants to boards of education 1829 Cooperative education service agencies; nonprofit contractors 1415 Employees of educational institutions; Employment Security Law 939 Employees of schools; voter registration 752 Evaluation of public schools and school systems 1848 Georgia Education Authority (Schools); membership 426 Georgia Education Authority (University); membership 426

Page LXXXI

Georgia Grievance Procedure Act; grievance procedures for certificated personnel Vetoed SB 638 Handicapped children; program counting; evaluations; training programs; reports; substitute teachers 612 Hazing students prohibited 694 Health insurance fund for teachers; local employer's contributions 319 Health insurance funds for teachers and public school employees; discharge of debts; checks or drafts 393 Interlocal risk management agencies; sovereign immunity; excess insurance 1960 Professional development programs; stipends; staff development plans 1412 Public School Employees Retirement System; creditable service 638 Public School Employees Retirement System; postretirement benefit adjustments 879 Public School Employees Retirement System; retirement benefits; amount 880 Public School Employees Retirement System; retirement with 40 years of creditable service 885 Quality Basic Education Act; full-time equivalent program counts; annual recalculation of funding 1991 Quality Basic Education Program Task Force 1848 School bus drivers; minimum salaries 321 School buses; speed limits 540 School lunches; use of county ad valorem taxes to purchase food 1748 School security personnel; firearms 612 School year; length 9 Sex education and AIDS prevention instruction; health services 868 State Board of Education and State Department of Education; employees; membership in Employees' Retirement System of Georgia or Teachers Retirement System of Georgia; election 1351 State Board of Postsecondary Vocational Education; name changed; department; commissioner 1252 State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education; references in retirement laws 1742 State Medical Education Board; executive director 545 Substitute teachers 612 Teachers Retirement System of Georgia; creditable service; pregnancy; payment 697 Teachers Retirement System of Georgia; creditable service; reestablishment 346 Teachers Retirement System of Georgia; membership; employees of county school system of county of 550,000 or more 1837 Teachers Retirement System of Georgia; qualified retirement plan; postretirement benefit adjustment 343 Teachers Retirement System of Georgia; teacher redefined; regional educational service agencies 379 Teachers; unused sick leave; accumulation and payments; funding under Quality Basic Education Act 1496 Technical and adult education; board, commissioner, and department established 1252 Tuition equalization grants at private colleges; full-time student Vetoed SB 424

Page LXXXII

United Student Aid Funds, Inc.; loans; investments by insurers 1844 University System of Georgia; payroll deductions for contributions or dues to interdisciplinary charitable associations 1068 EFFINGHAM COUNTY Board of commissioners; compensation 3856 ELECTIONS Absentee ballots; absentee registration cards 647 Absentee ballots; persons applying on behalf of an elector; delivery of absentee ballots; assistance 641 Applications for absentee ballots as change of address notifications 926 Ballot cards; optical scan voting systems 964 Board of elections in counties of 158,000-168,000; Act repealed 696 Bond election date in counties of 550,000 or more 886 Certified copy of marriage license as identification for voter registration 639 Change of address; oath 928 Constitutional amendments; summaries 426 Constitutional amendments; summaries; committee 2116 Ethics in Government Act; campaign committee treasurers; contributions; campaign contribution disclosure reports; financial disclosure statements; penalties 603 Exit polls; petitions at polls; campaigning near polls 647 Municipal officers elected in 1986; terms; local laws 765 Municipal primaries; qualifying by candidate's agent 964 No opposed candidate in a special or general election 647 Primaries; qualifying fees; distribution 294 Registration of voters; school employees; records; closing books; removal of names upon requests of electors 752 Senate districts 15 and 16; composition 1465 ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES Officers and directors; standard of care; liability; indemnification 1451 ELECTRICAL OR ELECTRONIC CONSUMER PRODUCTS Consumer warranty agreements 1467 ELECTRICITY Suspension of service by landlord 923 EMANUEL COUNTY Board of education; compensation 3836 Board of elections; additional member; chairman 3846

Page LXXXIII

EMERGENCY MEDICAL SERVICES Advanced emergency medical technician changed to paramedic; appeals to superior courts; age; recertification 1923 Automatic defibrillators; use 1918 EMERGENCY TELEPHONE NUMBER 911 SYSTEMS Cellular radio telecommunications systems; fees prohibited 465 Maintenance fees; enhanced systems; local governments 1984 EMERSON, CITY OF New charter 4549 EMINENT DOMAIN Special masters; fees assessed as court costs 408 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Benefits; cost-of-living increase 1482 County boards and departments of health in counties of 550,000 or more; payments by Department of Human Resources 920 District attorneys' investigators; membership 1338 Georgia Agricultural Exposition Authority; membership 201 Georgia Agrirama Development Authority; membership of officers and employees 264 Georgia Environmental Facilities Authority; membership 1490 Optional retirement allowances; divorce; death of spouse; alternative benefits 636 State Board of Education and State Department of Education; membership of employees 1351 State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 EMPLOYMENT SECURITY LAW Income tax refunds; setoffs for collection of debts 937 Penalties; fictitious employing units; delinquent filings; interest; employees of educational institutions 939 ENGINEERS State Board of Registration for Professional Engineers and Land Surveyors; continuation; membership 309 ETHICS IN GOVERNMENT ACT Contributions; campaign committee treasurers; campaign contribution disclosure reports; financial disclosure statements; penalties 603

Page LXXXIV

ETON, CITY OF B. T. Parks Memorial Bridge; designated 797 EVIDENCE Acquired Immunodeficiency Syndrome (AIDS); records; confidential information 1799 Child abuse; photographs 1624 Department of Public Safety; records; photocopies and computer printouts 470 Family violence; petitions; allegations 1248 Influencing witnesses; threats of injury to employment; administrative proceedings 316 Production of documents or things; confidentiality 375 Seat belts; use; damages; introduction 31 Seized currency; photographs, photocopies, or video tapes as evidence 958 Subpoenas; enforcement; attachment for contempt Vetoed HB 1292 Witness fees for law enforcement officers Vetoed HB 1292 Witnesses; prisoners under sentence of death; delivery; procedure 1732 EXPORT FINANCE FUND Creation; proposed constitutional amendment 2110 F FAIR BUSINESS PRACTICES ACT OF 1975 Actions; injunctions; damages; procedures; appeals; investigative demands; civil penalties 1659 Moneys provided in connection with a dwelling; misrepresenting as a loan 983 Promotional schemes; vacations; prizes 1657 Telephone numbers with 976 prefixes; advertising 399 FAIRBURN, CITY OF Corporate limits 3704 FALSE TEETH Markings 742 FAMILY VIOLENCE Definition; arrests 1251 Domestic violence orders; violations; penalties 1249 Petitions; allegations 1248 Petitions; filling fees; clerks of superior courts 320 Programs and shelters; licensing 1287 Protective orders; enforcement 1250

Page LXXXV

FANNIN COUNTY Magistrate court; chief magistrate; nonpartisan election 4900 Probate court; judge; nonpartisan election 4884 Superior court; additional judge 234 FARM WINERIES Sales on Sunday 222 FARMS Water use permits; priority during water shortages 1694 FAYETTEVILLE, CITY OF City manager; office created 5530 Corporate limits 4953 Ordinances; method of adoption 5538 Proposed ordinances; posting 5438 FIRE PROTECTION AND SAFETY Alarm systems 1847 Fire department vehicles; red lights; permits 582 Georgia Firemen's Pension Fund; maximum benefits 338 Georgia Mutual Aid Act; aid by public safety officers and employees of local political subdivisions in local emergencies 887 Hazardous materials or oil spills or releases; reports; proceedings; penalties 354 Obstructing or hindering a firefighter; penalties 301 Permits for burning woods, lands, marshes, or vegetation 477 Smoke detectors; sleeping accommodations; construction prior to 1976 668 FIREARMS Buses and rail vehicles 415 Carrying; exemption from prohibition for full-time officials 472 Firearms dealers; records 690 School security personnel 612 FITZGERALD, CITY OF School system; merger with Ben Hill County Public School System; referendum 3573 FLOYD, JAMES H. SLOPPY Bust 803 FLOYD COUNTY School district; homestead exemption; referendum 4856

Page LXXXVI

FOLKSTON, CITY OF Municipal court; jurisdiction; powers 4685 FOOD, DRUGS, AND COSMETICS Alligator meat and eggs 848 Controlled substances; cocaine; cocaine mixtures; morphine; opium; marijuana; possession 420 Controlled substances; seized currency 958 Imitation controlled substances 1065 Minor child drug screening program 1761 Optometrists; pharmaceutical agents; use 34 FOREST HAYS, JR., CORRECTIONAL INSTITUTION Designated 334 FOREST PARK, CITY OF New charter 4409 FORESTRY Permits for burning 477 State Board of Registration for Foresters; definition; membership; powers; licenses; funds; continuation 953 FORGERY False identification documents 760 FORSYTH COUNTY Board of commissioners; compensation and expenses 4817 Civil service system 5162 Civil service system 3535 State Court of Cherokee and Forsyth Counties; judge and solicitor; clerk and solicitor; qualifications; compensation; procedures 4648 FRANKLIN, CITY OF New charter 4515 FREEMAN, WILLIAM H., MEMORIAL BRIDGE Designated 791 FULTON COUNTY General employees pension fund; age; retirement 5154 Homestead exemption; referendum 4034

Page LXXXVII

Lease of state owned property in county authorized 778 Library board membership 4613 Medical examiner; powers; investigations 4869 Personnel board and merit system; disciplinary actions 3689 FUND RAISERS Georgia Charitable Solicitations Act of 1988; enactment 490 G GAINESVILLE, CITY OF Ad valorem taxes; installments 5392 Employees' Retirement Fund; benefits 5372 Employees' Retirement Fund; benefits 5376 Employees' Retirement Fund; city contribution 5368 Employees' Retirement Fund; repayment of withdrawn contributions 5385 Employees' Retirement Fund; spouse's benefits 5388 Mayor and commissioners; compensation; expenses 5381 Municipal court; fines and penalties 5233 Retirement system 5454 GAINESVILLE AREA PARK COMMISSION Name changed; membership increased; purposes 3783 GAME AND FISH Alligators; alligator products, meat, and eggs; fur dealers; taxidermists 848 American shad; Hickory shad; creel or possession limits; Ogeechee River 552 Code revision 13 Commercial fishing; penalties 364 Deer; bag limits; antlerless or either-sex deer hunting 835 Deer; reports to General Assembly of deer killed 323 Fishing with a bow and arrow; Lake Strom Thurmond 366 Honorary fishing licenses for blind persons; reciprocity 370 Hunter education courses; nonresident hunting licenses 842 Nonresident fishing and small game hunting licenses; fees 842 Oysters and clams; closed seasons 1435 Pen raised quail; field trials; daylight fluorescent orange while hunting bears; wild animal licenses; insurance 842 Probate courts; jurisdiction; misdemeanor game and fish cases 1418 Reciprocal agreements; honorary hunting and fishing licenses for persons 65 or older 842 Red drum; spotted sea trout; minimum size 541 Sport trotlines; one-half mile below lock or dam 306 GARDEN CITY, CITY OF Determination of millage rates 4151

Page LXXXVIII

GAS Suspension of service by landload 923 GENERAL ASSEMBLY Code revision 13 Committee on Interstate Cooperation; membership 426 Committees of the Executive or Judicial Branch; reimbursement for service 284 Deer; reports of deer killed 323 Department of Corrections; additional confinement facilities; notices to members Vetoed HB 1689 Georgia Legislative Retirement System; membership; creditable service 1476 Lieutenant Governor; compensation Vetoed HB 1195 Local laws; municipal officers elected in 1986; terms 765 Local laws abolishing office of coroner and creating office of medical examiner; referendum 722 Members; terms of office; proposed constitutional amendment 2114 Motor vehicle license plates and decals; revocation; seizure 376 Office of Legislative Counsel; Georgia Laws; duties 7 Office of Legislative Counsel; records 243 Population bills; definition 1547 President Pro Tempore; compensation 284 Senate districts 15 and 16; composition 1465 Speaker of the House of Representatives; compensation Vetoed HB 1195 Speaker Pro Tempore; compensation 284 State authorities; leases; approval by fiscal affairs subcommittees 1865 GENERAL PROVISIONS Population bills; definition 1547 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY Contracts; local trade and convention centers 673 Domed stadium; powers; bonds 556 GEORGE T. BAGBY STATE PARK Designated 174 GEORGIA ADMINISTRATIVE PROCEDURE ACT Contested cases; findings of fact; statement of facts 1936 Day-care centers; employees' records checks; hearing officers 1605 Department of Medical Assistance; hearings; administrative decisions 288 Licenses to practice medicine or dentistry; contested cases; stays 388 GEORGIA AGRICULTURAL EXPOSITION AUTHORITY Employees' Retirement System of Georgia; membership 201

Page LXXXIX

GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Members; expenses; travel costs 200 Membership of officers and employees in the Employees' Retirement System of Georgia 264 GEORGIA ARBITRATION CODE Enactment 903 GEORGIA ATHLETE AGENTS REGULATORY ACT OF 1988 Enactment 651 GEORGIA BOARD OF CHIROPRATIC EXAMINERS Continuation 530 GEORGIA BOARD OF DENTISTRY Continuation 530 GEORGIA BOARD OF EXAMINERS OF LICENSED PRACTICAL NURSES Continuation 530 GEORGIA BOARD OF NURSING Continuation 530 GEORGIA BOAT SAFETY ACT Lake Sidney Lanier; marine toilets; discharge into lake prohibited; registration of vessels 1343 Personal flotation devices; numbering of vessels; muffling devices; noise tests 410 GEORGIA BUILDING AUTHORITY Membership 426 GEORGIA BUILDING AUTHORITY (HOSPITAL) Membership 426 Sale of real property prohibited; exception 1635 GEORGIA BUILDING AUTHORITY (MARKETS) Membership 426 GEORGIA BUILDING AUTHORITY (PENAL) Membership 426

Page XC

GEORGIA BUREAU OF INVESTIGATION Reports of sex criminal convictions 893 GEORGIA BUSINESS CORPORATION CODE Revision 1070 GEORGIA CAPTIVE INSURANCE COMPANY ACT Enactment 966 GEORGIA CHARITABLE SOLICITATIONS ACT OF 1988 Enactment; regulation of charitable organizations, solicitations, and fund raisers 490 GEORGIA CRIME INFORMATION CENTER Criminal history records; dissemination 203 GEORGIA CRIME VICTIMS COMPENSATION BOARD Authorization; proposed constitutional amendment 2096 Creation 591 GEORGIA EDUCATION AUTHORITY (SCHOOLS) Membership 426 GEORGIA EDUCATION AUTHORITY (UNIVERSITY) Membership 426 GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY Officers and employees; Employees' Retirement System of Georgia; membership 1490 GEORGIA FIREMEN'S PENSION FUND Employees; health insurance 766 Maximum benefits 338 GEORGIA FOREST FIRE PROTECTION ACT Permits for burning 477 GEORGIA GRIEVANCE PROCEDURE ACT Grievance procedures for certificated personnel of local school systems Vetoed SB 638

Page XCI

GEORGIA HAZARDOUS WASTE MANAGEMENT AUTHORITY Designated hazardous waste; definitions; rules and regulations; proceedings; releases into the environment 727 Membership 426 Projects; powers of Department of Industry and Trade; liability; fees; assignment 1934 GEORGIA LAWS Editorial, compilation, and indexing services 7 Population bills; definition 1547 GEORGIA LEGISLATIVE RETIREMENT SYSTEM Membership; creditable service 1476 GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION Coverage; residence; accounts; liability; assessments 1900 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Courts; jurisdiction; restricted driving permits; excess coverage 1890 Notice of claim; third parties 1555 GEORGIA MUTUAL AID ACT Local emergencies; aid by public safety officers and employees of local political subdivisions 887 GEORGIA NATIONAL GUARD Retired members; motor vehicle license plate 854 GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL Annual training of peace officers 1063 Executive director; personnel appropriations 483 Membership 426 GEORGIA PORTS AUTHORITY Acquisition of property from Brunswick Port Authority 254 Transfer of property from Brunswick Port Authority 3953 GEORGIA POST-MORTEM EXAMINATION ACT Coroners; fees; abolition of office; referendum 722 Medical examiner; definition 1631

Page XCII

GEORGIA POWER COMPANY Easement over state owned property in Baldwin County 193 GEORGIA REAL ESTATE COMMISSION Powers; termination date 1395 GEORGIA RESIDENTIAL FINANCE AUTHORITY Multifamily rental units; mortgage credit certificates; allocation; co-insurance; State Office of Housing 1550 State Housing Trust Fund for the Homeless 717 GEORGIA REVISED UNIFORM LIMITED PARTNERSHIP ACT Enactment 1016 GEORGIA SECURITIES ACT OF 1973 Investment advisers and investment adviser representatives; regulation 1290 GEORGIA STATE FINANCING AND INVESTMENT COMMISSION Attorney General; membership; proposed constitutional amendment 2116 Contracts with State Tollway Authority 227 Membership 426 GEORGIA STATE PATROL See Law Enforcement Officers and Agencies GEORGIA STATE WAREHOUSE ACT Books and records; licenses; financial statements; audits 750 GEORGIA UNDERGROUND STORAGE TANK ACT Enactment; storage of regulated substances 2072 GEORGIA WAR VETERANS CEMETERY Establishment 877 GEORGIA WATER QUALITY CONTROL ACT Permits for water usage; farm uses; priority during water shortages 1694 GIFTS Anatomical gifts; AIDS 1799 Anatomical gifts; documents; witnesses 547 Anatomical gifts; heart transplants 960

Page XCIII

GILMER COUNTY Board of commissioners; creation; districts; elections; powers; county manager; referendum 4886 Board of education; nonpartisan elections; referendum 4894 School system; superintendent; nonpartisan election; referendum 4903 Superior court; additional judge 234 GORDON, CITY OF Library system 5419 New charter 4375 GORDON COUNTY Lease of state owned real property in county 784 GRAIN DEALERS Financial statements; audits; certification; records of unlicensed persons 748 GRAND JURIES Indictment and appearance of members of municipal governing authorities 298 List of persons who hinder or obstruct a sheriff, constable, or other officer 549 GRANDPARENTS Visitation rights 864 GRANTVILLE, CITY OF Employees; appointment, suspension, or removal 5189 Mayor; administrative duties 5193 Mayor and council; powers; duties; employees 5185 GRAVES Counties authorized to preserve and protect abandoned cemeteries 318 Georgia War Veterans Cemetery 877 GREENE COUNTY Jasper T. Copelan Bridge; designated 777 GREG HARDEN Compensation 770

Page XCIV

GRIFFIN, CITY OF Griffin-Spalding County Anti-Drug Commission; creation 4053 Griffin-Spalding County Development Authority; additional members; terms 3938 Sewer service; assessments 5361 GRIFFIN-SPALDING COUNTY ANTI-DRUG COMMISSION Creation 4053 GRIFFIN-SPALDING COUNTY DEVELOPMENT AUTHORITY Additional members; terms 3938 GROUND WATER Georgia Underground Storage Tank Act 2072 GROUND WATER USE ACT OF 1972 Permits for withdrawal; farm uses; priority during water shortages 1694 GUARDIAN AND WARD Guardian; bond; waste or mismanagement; settlement of accounts; orders to deliver property; executions; sureties 1562 Guardians and trustees; additional commissions 367 Guardianship over property; orders; filing in county where real property is located; time limits 1715 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Income taxes; estimated tax; fiduciaries 1389 GUNS Buses and rail vehicles 415 Carrying; full-time officials 472 Firearms dealers; records 690 School security personnel 612 GWINNETT COUNTY Board of commissioners; districts; elections; powers; duties 4658 Board of education; compensation 3962 Board of registrations and elections; creation 4296 Coroner abolished; medical examiner established; referendum 4627 Gwinnett County Recreation Authority 5039 Homestead exemption; referendum 4039 Magistrate court; fees 4864 School district; homestead exemption for elderly and disabled; referendum 4023 School district; homestead exemption; referendum 4199

Page XCV

GWINNETT COUNTY RECREATION AUTHORITY Members; quorum; borrowing; purchases; audits; meetings 5039 H HABERSHAM COUNTY Magistrate court; judge of probate court as chief magistrate; terms; vacancies; compensation 3815 Motor vehicle registration periods; referendum 4112 HAMILTON COUNTY, TENNESSEE Conveyance of state owned real property 181 HANCOCK COUNTY Superior court; district attorney; salary supplement 3875 HANDICAPPED PARKING Appointment of handicapped persons to enforce handicapped parking law 389 Facilities and spaces; standards; renovations 1556 Handicapped parking permits 1460 HANDICAPPED PERSONS Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired; creation 1979 Appointment of handicapped persons to enforce handicapped parking law 389 Education of children 612 Handicapped parking permits 1460 Honorary fishing licenses for blind persons 370 Parking facilities and spaces; standards; renovations 1556 Personal Attendant Care Program for Disabled Adults Act; enactment 1355 HAPEVILLE, CITY OF Homestead exemption; referendum 4866 HARALSON COUNTY West Georgia Regional Water Authority; creation 4926 HARDEN, GREG Compensation 770 HARRIS COUNTY Board of commissioners; compensation; expenses 3567

Page XCVI

HART COUNTY Board of commissioners; creation; referendum 3604 HAYS, FOREST, JR., CORRECTIONAL INSTITUTION Designated 334 HAZARDOUS MATERIALS Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 1778 Radiation control 1670 Spills or releases; reports; proceedings; penalties 354 HAZARDOUS WASTE Designated hazardous waste; definitions; rules and regulations; proceedings; releases into the environment 727 Georgia Hazardous Waste Management Authority Department of Industry and Trade; powers; liability; fees 1934 Georgia Hazardous Waste Management Authority; membership 426 Georgia Underground Storage Tank Act 2072 HAZING Prohibited 694 HAZLEHURST, CITY OF Advisory referendum regarding sales of beer and wine 4861 HEALTH Abortion; Parental Notification Act 661 Acquired Immunodeficiency Syndrome (AIDS); testing; reports; records; counseling; crimes; sentencing; juveniles; marriage licenses; penal institutions; anatomical gifts 1799 Adopted children; health insurance coverage 1535 Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired 1979 Anatomical gifts; AIDS 1799 Anatomical gifts; documents; witnesses 547 Anatomical gifts; heart transplants 960 Asbestos actions; limitations; revival 1996 Automatic defibrillators; use 1918 Boards of health of consolidated city-county governments; environmental health services fees 1757 Code revision 13 County boards and departments of health in counties of 550,000 or more; retirement 920 Dentures and dental prostheses; markings 742

Page XCVII

Department of Human Resources; health care data system; reports by health care providers 991 Department of Medical Assistance; hearings; administrative decisions 288 Emergency medical services; advanced emergency medical technician changed to paramedic; appeals to superior courts; age; recertification 1923 Emergency medical technicians and designated first responders; automatic defibrillators 1918 Georgia Building Authority (Hospital); membership 426 Georgia Building Authority (Hospital); sale of real property prohibited; exception 1635 Georgia Post-Mortem Examination Act; coroners; fees; abolition of office 722 Georgia Post-Mortem Examination Act; medical examiner; definition 1631 Health care plans as insurers 693 Health records; destruction, alteration, or falsification 412 Hospitals; nursing homes; downtown development authorities 1463 Human heart transplants; coverage under individual and group accident and sickness insurance 960 Indigent Care Trust Fund; creation authorized; Medicaid coverage; proposed constitutional amendment 2126 Informed consent to surgical, medical, or diagnostic procedures; causes of action; rules 1443 Kidney dialyzers; reuse; Task Force on Kidney Dialysis Centers 1515 Long-term Care Insurance Act 1541 Minor child drug screening program 1761 Optometrists; pharmaceutical agents; use; continuing education 34 Personal Attendant Care Program for Disabled Adults Act; enactment 1355 Radiation control; definitions; licenses; users of radioactive materials; registration of radiation generation equipment; prohibited uses of sources of radiation 1670 Sex education and AIDS prevention instruction in schools; health services 868 Water wells and septic tanks; distance; variance 1373 HEARD COUNTY Magistrate court; chief magistrate; compensation 4477 HEART TRANSPLANTS Coverage under individual and group accident and sickness insurance 960 HELENA, CITY OF Easement under state owned real property 787 HENRY COUNTY Board of commissioners; chairman as chief executive officer; abolish administrator; referendum 4633 Magistrate court; election of officers; compensation 3849 School district; homestead exemption; referendum 4310

Page XCVIII

HERMAN EUGENE TALMADGE TRIBUTE COMMISSION Creation 172 HIGHWAYS, BRIDGES, AND FERRIES Arthur T. Bacon Bridge; designated 190 B. T. Parks Memorial Bridge; designated 797 Chieftains Trail; designated 335 Department of Transportation; contracts; site examinations; subsurface conditions 1908 Hill Wilbanks Memorial Bridge; designated 192 James G. Connell Bridge; designated 191 Jasper T. Copelan Bridge; designated 777 Kenneth McCarthy Bridge; designated 768 Lease of property by the Department of Transportation, counties, or municipalities 1431 Moore's Mill Bridge; designated 769 Nonprofit agencies contracting with Department of Transportation; motor vehicle liability insurance 310 Relocation assistance; federal-aid projects; uniform land acquisition policies 1737 Savannah River Scenic Highway; designated 792 Speed limits; interstate highways 30 Speed limits; school buses 540 State Tollway Authority; powers; hearings; rights of way; contracts with Georgia State Financing and Investment Commission 227 Unattended motor vehicle checks by peace officers; cards 688 W. L. Pug Mabry Highway; designated 789 William H. Freeman Memorial Bridge; designated 791 HILL WILBANKS MEMORIAL BRIDGE Designated 192 HISTORIC PROPERTY Ad valorem taxes; proposed constitutional amendment 2119 HOLLOWAY, A. W. AL, LABOR BUILDING Designated 337 HOMELESS PERSONS State Housing Trust Fund for the Homeless 717 State Housing Trust Fund for the Homeless; expenditure of funds; programs; proposed constitutional amendment 2098 HOUSTON COUNTY Motor vehicle registration periods 3842 School district; superintendent; appointment; referendum 4007

Page XCIX

I ILLEGITIMATE Term replaced in Code by born out of wedlock 1720 INCOME TAXES Administration and enforcement; corporate returns; withholding tax returns; estimated taxes; penalties 1380 Estimated tax; fiduciaries 1389 Refunds; setoffs for collection of debts owed the Department of Labor under the Employment Security Law 937 Social security and railroad retirement benefits 475 Wages subject to withholding 1390 INDIGENT CARE TRUST FUND Creation authorized; Medicaid coverage; proposed constitutional amendment 2126 INFORMED CONSENT Surgical, medical, or diagnostic procedures; causes of action 1443 INSURANCE Accident and sickness insurance; human heart transplants 960 Amusement rides 1632 Automobile, motorcycle, and residential real property policies; nonrenewal; notices; actions; termination of agency relationships 677 Code revision 13 Commissioner of Insurance; council to review capability; membership 426 Foster parents; liability insurance or indemnity contracts 1714 Fraternal benefit societies; life benefit certificates; rights; type; notices; conditions 1537 Georgia Captive Insurance Company Act; enactment 966 Georgia Life and Health Insurance Guaranty Association 1900 Georgia Motor Vehicle Accident Reparations Act; courts; jurisdiction; restricted driving permits; excess coverage 1890 Georgia Motor Vehicle Accident Reparations Act; notice of claim; third parties 1555 Georgia Residential Finance Authority; co-insurance 1550 Group or blanket accident and sickness insurance; Preferred Provider Arrangements Act 1483 Health benefit plans; individual accident and sickness insurance; insurance with other insurers 1760 Health insurance; coverage for adopted children 1535 Insurable interest of publicly owned corporations in lives of directors, officers, and employees 317 Insurance premiums taxes 1581 Insurer redefined; health care plans 693

Page C

Insurers; reporting statistics through recognized statistical agency or advisory organization 1857 Insurers changing domicile to another state; examinations 692 Insurers' financial conditions; good will 1540 Interlocal risk management agencies; local boards of education 1960 Investments by insurers; loans guaranteed by United Student Aid Funds, Inc. 1844 Licenses and fees 1519 Long-term Care Insurance Act 1541 Motor vehicle insurance; seat belts 31 Motor vehicle liability insurance for nonprofit agencies and their employees operating state-owned vehicles and contracting with the Department of Transportation 310 Motor vehicles; certificates of self-insurance; claims practices; duties of Commissioner of Insurance 1488 Property insurance; consumer warranty agreements; electrical or electronic consumer products; corporate surety insurers 1467 State Employees' Health Insurance Plan; contributions by departments; discharged employees 413 State Employees' Health Insurance Plan; employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund 766 State Employees' Health Insurance Plan; presentment of checks or drafts; discharge of debts 397 Teachers and public school employees; health insurance funds; discharge of debts; checks or drafts 393 Teachers' health insurance; local employer's contributions 319 INTANGIBLE TAXES Exemption; stock in financial institutions reorganized under southern region interstate banking law 1404 INTEREST AND USURY Transactions of $250,000.00 or more; written contracts 534 INTERLOCAL RISK MANAGEMENT AGENCIES Local boards of education; sovereign immunity; excess insurance 1960 INVESTMENT ADVISERS Regulation 1290 IRWIN COUNTY Board of commissioners; districts; elections; terms; chairman 3869 Superior court; judges; salary supplement 3776 IRWINTON, CITY OF New charter 4341

Page CI

ISLANDS Industrial areas; removal of property and adjacent rights of way; proposed constitutional amendment 2112 J JACK PRINCE Compensation 793 JACKSON COUNTY State court; judge and solicitor; practice of law; compensation 4067 Superior court; terms 258 JAMES G. CONNELL BRIDGE Designated 191 JAMES H. SLOPPY FLOYD Bust 803 JASPER T. COPELAN BRIDGE Designated 777 JEFF DAVIS COUNTY Malt beverages and wine; license fees 5036 JEFFERSON COUNTY Board of commissioners; expense allowance 4013 JEKYLL ISLANDSTATE PARK AUTHORITY Sale of real property prohibited; exception 1635 JENKINS COUNTY State court; terms 3854 JOHNSON COUNTY Magistrate court; chief magistrate; election 4746 JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM Legislative revision; vesting of rights 387 Municipal Gas Authority of Georgia; membership of employees 401

Page CII

JONES COUNTY Board of commissioners; leases 4878 Board of commissioners; purchases; bids 4877 Superior court; district attorney; salary supplement 3875 JONESBORO, CITY OF Mayor and councilmen; election; terms 4814 Mayor and councilmen; vacancies 4656 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Benefits 630 Commissioners 426 JURIES Court bailiffs; compensation Vetoed SB 516 Expense allowance Vetoed SB 516 Grand juries; indictment and appearance of members of municipal governing authorities 298 Grand juries; lists of persons who hinder or obstruct a sheriff, constable, or other officer 549 Intimidating, impeding, or obstructing jurors or court officers; penalties 391 JUVENILE COURTS Abortion; Parental Notification Act 661 Acquired Immunodeficiency Syndrome (AIDS); testing; reports; records; counseling; crimes; sentencing 1799 JUVENILE JUSTICE COORDINATING COUNCIL Chairman; membership on Criminal Justice Coordinating Council 242 K KENNESAW, CITY OF Mayor; councilmen; compensation 4280 KENNETH MCCARTHY BRIDGE Designated 768 KIDNEY DIALYSIS Dialyzers; reuse; Task Force on Kidney Dialysis Centers 1515 KINGSLAND, CITY OF Corporate limits 4290

Page CIII

L LABOR AND INDUSTRIAL RELATIONS A. W. Al Holloway Labor Building; designated 337 Amusement Ride Safety Act; liability insurance; exemptions; cessation of rides; actions; penalties 1632 Boiler and Pressure Vessel Safety Act; liquid propane gas pressure vessels; exemption 314 Carnival Ride Safety Act; certificates of inspection; permits; accident reports; insurance; exemptions; actions; penalties 950 Child labor; employment; hours; injunctions 1629 Child labor; school vacation months; care of lawns, gardens, and shrubbery 583 Code revision 13 Employment Security Law; income tax refunds; setoffs for collection of debts 937 Employment Security Law; penalties; fictitious employing units; delinquent filings; interest; employees of educational institutions 939 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 1778 Workers' compensation; appeals from State Board of Workers' Compensation to superior court; time 535 Workers' compensation; certifications of corporate officers; partial lump sum advance payments 1679 Workers' compensation; death caused by intentional act of employer; penalty 660 Workers' compensation; employees of the Department of Corrections; farm and livestock operations 936 Workers' compensation; State Board of Workers' Compensation; subpoenas; writs of fieri facias; personnel; minimum assessments; inspections 1679 Workers' compensation; Subsequent Injury Trust Fund; board of trustees; membership 468 LAFAYETTE, CITY OF Corporate limits 3912 LAKE SIDNEY LANIER Marine toilets; discharge into lake prohibited; registration of vessels 1343 LAKE STROM THURMOND Fishing with bow and arrow; lights 366 LANDFILLS Construction Activity Prohibition on Abandoned Landfills Act of 1988 821

Page CIV

LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned motor vehicles; notices and information 1750 Abandoned motor vehicles and parts; disposition 1948 Annual training of peace officers 1063 Arrests; family violence 1251 Board of Public Safety; membership 426 Burglar and fire alarms; electronic security systems 1847 Chiefs of police as municipal jailers; records 266 Child abuse protocol committees; composition 474 Criminal Justice Coordinating Council; membership; chairman of Juvenile Justice Coordinating Council 242 Department of Public Safety; records; evidence; photocopies and computer printouts 470 Department of Public Safety; Uniform Division; automobile races; security Vetoed HB 700 Department of Public Safety; Uniform Division; duties; collegiate athletic events 1982 Department of Public Safety; Uniform Division; process servers 312 Family violence; protective orders; enforcement duties 1250 Georgia Bureau of Investigation; reports of sex criminal convictions 893 Georgia Crime Information Center; criminal history records; dissemination; local agencies; fees; first offenders 203 Georgia Mutual Aid Act; aid by public safety officers and employees of local political subdivisions in local emergencies 887 Georgia Peace Officer Standards and Training Council; executive director; personnel; appropriations 483 Georgia Peace Officer Standards and Training Council; membership 426 Grand juries; lists of persons who hinder or obstruct officers 549 Missing Children Information Center; definition; age 667 Motor vehicle license plates; mutilation; reports 380 Motor vehicle license plates and decals; revocation; seizure 376 Peace Officer and Prosecutor Training Fund; magistrate courts; penalties 286 Peace Officers' Annuity and Benefit Fund; benefits 999 Peace Officers' Annuity and Benefit Fund; commissioners 426 Peace Officers' Annuity and Benefit Fund; medical examinations; date 1067 Peace Officers' Annuity and Benefit Fund; options; surviving spouses; divorce; death; alternative benefits 633 Peace Officers' Annuity and Benefit Fund; Public Service Commission enforcement officers; membership 1479 School security personnel; firearms; weapons 612 Sheriffs' Retirement Fund of Georgia; continued active membership; benefits; options 1566 Speed detection device technicians; qualifications 308 Unattended motor vehicle checks; cards 688 Vehicles; blue lights; permits 582 Wardens of county correctional institutions; police powers 464 Witness fees Vetoed HB 1292 LAWRENCEVILLE, CITY OF Homestead exemption; referendum 3670

Page CV

LEGISLATIVE COUNSEL Georgia Laws; duties 7 Records; communications 243 LENOX, CITY OF Municipal court; penalties 5431 LENOX PARK COMMUNITY IMPROVEMENT DISTRICT Creation 4582 LICENSED PRACTICAL NURSES Georgia Board of Examiners of Licensed Practical Nurses; continuation 530 LIMITED PARTNERSHIPS Georgia Revised Uniform Limited Partnership Act 1016 LINCOLN COUNTY Magistrate court; chief magistrate; appointment 3909 LIQUID PROPANE GAS Pressure vessels 314 LITHONIA, CITY OF Mayor and council; vacancies 4463 LIVESTOCK Strays; sheriffs' fees for impoundment 325 LOCAL GOVERNMENT Airports; sale or lease to foreign citizens or businesses prohibited 1845 Annual report of local government finances to be filed with Department of Community Affairs 1393 Bond elections in counties of 550,000 or more; date 886 Chiefs of police as municipal jailers; records 266 City business improvement districts; municipality redefined 539 Consolidated city-county governments; boards of health; environmental health services fees 1757 Contracts for public works; bid bonds 348 Counties; 250,000 or more; county probation systems 1951 Counties; billiard room licenses 1405 Counties; burglar and fire alarms; electronic security systems 1847 Counties; business and occupational license taxes and fees; criteria 1734 Counties; civil service systems for county employees 1627

Page CVI

Counties; constitutional county officers; minimum annual salaries; cost-of-living adjustments 931 Counties; coroners; fee system; training course; expense allowance; transportation 1539 Counties; jails, correctional institutions, and detention facilities; fees; proposed constitutional amendment 2125 Counties; judges of the probate courts; county surveyors; coroners; tax commissioners, receivers, and collectors; vacancies; personnel 586 Counties; magistrate courts; judges; minimum salaries 424 Counties; protection and preservation of abandoned cemeteries 318 Counties; public works contracts; counties of more than 150,000 in any metropolitan statistical area of not less than 260,000 nor more than 360,000 989 Counties; reimbursement for expenses of capital felony prosecutions 1859 Counties; solid waste disposal site permits; distance from county line 215 Counties; state-wide county computerized information network; access to corporate records 303 Counties; tax digests; review and equalization; Ad Valorem Assessment Review Commission; creation 1763 Counties of 158,000-168,000; board of elections; Act repealed 696 Counties of 550,000 or more; bond elections; date 886 Counties of 550,000 or more; county boards and departments of health; retirement 920 Counties of not less than 250,000 nor more than 400,000; bond proceeds and contracts 1921 County boards of equalization; members; selection; qualifications 487 County boards of equalization; members and alternates 220 County boards of family and children services; nominees for membership 1354 County real property; sale; recreational set-aside property 676 County surveyors; qualification 555 Dangerous Dog Control Law 824 Department of Administrative Services; services for local political subdivisions 1944 Development authorities; office buildings for charitable corporations, associations, or entities 685 Downtown development authorities; contracts with urban residential finance authorities 902 Downtown development authorities; projects; powers 1463 Ethics in Government Act 603 Excise tax on rooms, lodgings, and accommodations; counties of more than 500,000; municipalities of more than 400,000; domed stadium 1866 Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 Georgia Mutual Aid Act; local emergencies; public safety officers and employees of local political subdivisions providing aid 887 Housing authorities; cooperation with urban residential finance authorities 901 Insurance premiums taxes 1581 Jails and correctional institutions; grants; cooperative agreements 256 Jails, correctional institutions, and detention facilities; fees; proposed constitutional amendment 2125 Joint Municipal Employees Benefit System; legislative revision; vesting of rights 387

Page CVII

Joint Municipal Employees Benefit System; Municipal Gas Authority of Georgia; membership of employees 401 Lease of property 1431 Metropolitan area planning and development commissions in areas of more than 1,000,000; membership 1834 Motor vehicle accidents; stopping at the scene; duty; state offense 1499 Multiyear lease, purchase, and lease purchase contracts; contracts with private nonprofit organizations for location of new industry 1954 Municipal corporations; burglar and fire alarms; electronic security systems 1847 Municipal corporations; indictment and appearance before grand jury of member of governing authority 298 Municipal corporations; nonjudicial municipal offices; residency requirements 930 Municipal officers elected in 1986; terms; local laws 765 Open meetings 235 Open records 243 Police and fire vehicles; lights; permits 582 Population bills; definition 1547 Roads; relocation assistance; uniform land acquisition policies 1737 Service marks; registration 1458 Special entertainment districts; alcoholic beverage sales on Sunday 232 Special service districts; temporary loans; proposed constitutional amendment 2108 Tax commissioners, receivers, and collectors; vacancies; personnel 1449 , 586 Trade and convention centers; contracts with Geo. L. Smith II Georgia World Congress Center Authority 673 Urban Residential Finance Authorities for Large Municipalities (400,000 or more) 1530 LOGANVILLE, CITY OF New charter 4827 LONG COUNTY Board of commissioners; re-creation 3755 Board of education; elections; districts 3964 LONG-TERM CARE INSURANCE ACT Enactment 1541 LUMPKIN COUNTY School district; homestead exemption; referendum 4880 M MABRY, W. L. PUG, HIGHWAY Designated 789

Page CVIII

MACON, CITY OF Macon-Bibb County Water and Sewerage Authority Employees' Pension Plan; change benefits 4872 Macon Fire and Police Employee's Retirement System 5447 Macon Pensions and Retirement System 5443 MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY EMPLOYEES' PENSION PLAN Change benefits 4872 MACON COUNTY Motor vehicle registration periods 3882 State court; abolition; transfer of cases to superior court 3884 MADISON, CITY OF Corporate limits 4453 MADISON COUNTY Board of commissioners; districts; elections; qualifications; meetings 4692 Board of commissioners; meetings; compensation of chairman 4775 Board of education; members; districts; elections 4698 MAGISTRATE COURTS Abatement of nuisances in unincorporated areas 1419 Appeals 1357 Bad checks; form of notice 268 Judges; minimum salaries 424 Penalties; Peace Officer and Prosecutor Training Fund 286 Postjudgment interrogatories; unpaid judgments; fees; bad check citations 267 The Council of Magistrate Court Judges; creation 461 MANCHESTER, CITY OF Board of commissioners; districts; elections; vacancies 4757 MANSFIELD, CITY OF New charter 4240 MAPS State Mapping and Land Records Modernization Advisory Board; creation 1913 MARIETTA, CITY OF Cemetery tax; condemnation 4017 Cobb County-Marietta Water Authority; hydroelectric facility acquisition; competitive bidding waiver 4028

Page CIX

Corporate limits 5028 Downtown Marietta Development Authority; pigeon control program 3647 Lease of state owned real property 798 MARION COUNTY Motor vehicle registration periods 3954 MARRIAGE AND FAMILY THERAPY Licenses; qualifications; law degree 580 MCCARTHY, KENNETH, BRIDGE Designated 768 MEDICAID Indigent Care Trust Fund; creation authorized; proposed constitutional amendment 2126 MEDICAL ASSISTANCE Hearings; administrative decisions 288 MEDICAL EXAMINERS Creation of office by local law with referendum 722 MEDICINE Abortion; Parental Notification Act 661 AIDS; testing; reports 1799 Automatic defibrillators; use by emergency medical technicians and designated first responders 1918 Composite State Board of Medical Examiners; continuation 530 Health records; destruction, alteration, or falsification 412 Heart transplants; insurance coverage 960 Informed consent; medical malpractice; rules and regulations; notices 1443 Licenses to practice; contested cases; stays 388 Minor child drug screening program 1761 State Board of Podiatry Examiners; continuation 530 State Medical Education Board; executive director 545 See also Health; Mental Health; Professions and Businesses MEETINGS Open; state and local agencies 235 MENTAL HEALTH Crimes; guilty but mentally retarded; persons not to be executed 1003 Minor child drug screening program 1761

Page CX

METROPOLITAN AREA PLANNING AND DEVELOPMENT COMMISSIONS Areas of more than 1,000,000; membership of commissions 1834 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Directors; meetings with local governing bodies; reports 5023 Projects; use of revenues 3510 Transportation services contracts; financing; tax 5013 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Georgia Mutual Aid Act; local emergencies 887 Georgia National Guard; retired members; motor vehicle license plates 854 Georgia War Veterans Cemetery 877 Vietnam Memorial 2071 MILLEN, CITY OF New charter 3712 MILLER COUNTY State court; assistant district attorney as solicitor 3681 MINORS Abortion; Parental Notification Act 661 Adoption; health insurance coverage 1535 Adoption; special needs children 1945 Alcoholic beverages; duty to verify age 1372 Child abuse; protocol 474 Child abuse; reports 1624 Child labor; employment; hours; injunctions 1629 Child labor; school vacation months; care of lawns, gardens, and shrubbery 583 Commission on Children and Youth; creation 871 Furnishing alcoholic beverages to minors; custodial parents; civil actions 365 Minor child drug screening program 1761 Missing children; age 667 Pandering; solicitation of sodomy; solicitation of person under 17; penalties 1797 Renunciation of successions to interests in property; time 1359 Visitation rights of grandparents 864 MISSING CHILDREN INFORMATION CENTER Missing child; definition; age 667 MITCHELL COUNTY Board of commissioners; elections; districts; terms 4190 State court; judge and solicitor; compensation 3654

Page CXI

MONROE COUNTY Board of commissioners; terms; referendum 3540 MONTGOMERY COUNTY Magistrate court; chief magistrate; appointment; terms 3843 MOORE'S MILL BRIDGE Designated 769 MORGAN COUNTY Magistrate court; law library fees 3797 MOTOR CARRIERS Motor common carriers and motor contract carriers; permits; registration; stamps; fees; exempt commodity intrastate commerce; interstate commerce 1607 MOTOR VEHICLE SALES FINANCE ACT Subleases of motor vehicles; consent; motor vehicles for hire 861 MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; notices and information; law enforcement agencies; owners; liens 1750 Abandoned motor vehicles and parts; disposition 1948 All-terrain vehicles; motorcycles; definitions 691 Automobile races; security; Department of Public Safety Vetoed HB 1700 Bus and Rail Vehicle Passenger Safety Act 415 Cellular phones; 911 calls; fees prohibited 465 Certificates of title; stolen vehicles; total loss claims; odometer mileage on replacement certificates 1340 Child passenger restraining systems; age; public education programs 480 Code revision 13 Department of Public Safety; records; evidence; photocopies and computer printouts 470 Drivers' licenses; restricted driving permits; violations of Georgia Motor Vehicle Accident Reparations Act 1890 Drivers' licenses; review and correction of records 687 Drivers' licenses; suspension; revocation of probationary licenses; personal identification cards; driving while license is suspended or revoked; citations 897 Driving under the influence; presumptions; definitions; judgments or sentences; persons drawing blood 1893 Fire department vehicles; red lights; permits 582 Habitual violators; penalties 385 Habitual violators; probationary drivers' licenses 1893

Page CXII

Handicapped parking; appointment of handicapped persons to enforce law 389 Handicapped parking; facilities and spaces; standards 1556 Handicapped parking permits 1460 Law enforcement vehicles; blue lights; permits 582 License plates; Georgia National Guard; retired members 854 License plates; mutilation; five-year plates; leased vehicles; penalties 380 License plates; revalidation decals; date for payment of fees 377 License plates and decals; revocation; seizure 376 New motor vehicle dealers; registration; place of business 854 Private persons processing applications for motor vehicle registration; performance bonds 892 School buses; speed limits 540 Seat belts; children 480 Seat belts; use; evidence; insurance 31 Self-insurance certificates; claims practices; duties of Commissioner of Insurance 1488 Speed detection device technicians; qualifications 308 Speed limits; school buses 540 Speed limits on interstate highways 30 State-owned motor vehicles; liability insurance; nonprofit agencies contracting with Department of Transportation 310 Stickers, decals, and emblems; profane or lewd words prohibited 1561 Stopping at the scene of an accident; duty; penalties; state offense 1499 Traffic control review boards; membership 426 Unattended motor vehicle checks by peace officers; cards 688 Used car dealers' registration 1504 MULTILEVEL DISTRIBUTION COMPANIES Regulation 1868 MUNICIPAL CORPORATIONS Ad valorem taxes; collections by county tax commissioner or tax receiver and tax collector; contracts 368 Ad valorem taxes; municipal development authorities 1748 Airports; sale or lease to foreign citizens or businesses prohibited 1845 Annual report of local government finances to be filed with Department of Community Affairs 1393 Burglar and fire alarms; electronic security systems; installation on private property 1847 Chiefs of police as jailers; records 266 City business improvement districts; municipality redefined 539 Consolidated city-county governments; boards of health; environmental health services fees 1757 Contracts for public works; bid bonds 348 Dangerous Dog Control Law 824 Department of Administrative Services; services for local political subdivisions 1944 Development authorities; office buildings for charitable corporations, associations, or entities 685

Page CXIII

Downtown development authorities; contracts with urban residential finance authorities 902 Downtown development authorities; projects; powers 1463 Excise tax on rooms, lodgings, and accommodations; municipalities of more than 400,000; domed stadium 1866 Governing authority members; indictment and appearance before grand juries 298 Housing authorities; cooperation with urban residential finance authorities 901 Insurance premiums taxes 1581 Jails and correctional institutions; grants; cooperative agreements 256 Joint Municipal Employees Benefit System; legislative revision; vesting of rights 387 Joint Municipal Employees Benefit System; Municipal Gas Authority of Georgia; membership of employees 401 Lease of property 1431 Metropolitan area planning and development commissions in areas of more than 1,000,000; membership 1834 Motor vehicle accidents; stopping at the scene; duty; state offense 1499 Multiyear lease, purchase, and lease purchase contracts; contracts with private nonprofit organizations for location of new industry 1954 Municipal officers elected in 1986; terms; local laws 765 Municipal officials; candidates; Ethics in Government Act 603 Nonjudicial municipal offices; residency requirements 930 Open meetings 235 Open records 243 Police and fire vehicles; lights; permits 582 Population bills; definition 1547 Roads; relocation assistance; uniform land acquisition policies 1737 Service marks; registration 1458 Special entertainment districts; alcoholic beverage sales on Sunday 232 Special service districts; temporary loans; proposed constitutional amendment 2108 Trade and convention centers; contracts 673 Traffic courts in cities of 300,000 or more; jurisdiction; judges; salaries 261 Urban Residential Finance Authorities for Large Municipalities (400,000 or more); members; powers; audits 1530 MUNICIPAL GAS AUTHORITY OF GEORGIA Joint Municipal Employees Benefit System; membership of employees 401 MUSCOGEE COUNTY Columbus, Georgia; board of tax assessors 3780 N NATIONAL GUARD Motor vehicle license plates; retired members 854

Page CXIV

NATIONAL HISTORIC MONUMENTS Solid waste disposal site permits 251 NEWTON COUNTY Board of education; compensation 4744 Homestead exemptions; county and school district taxes; referendum 4045 Superior court; court reporters; salary and compensation 3893 NORCROSS, CITY OF New charter 4961 NUDE AND SEXUAL CONDUCT Prohibited where alcoholic beverages are sold 212 NUISANCES Abatement in unincorporated areas of counties; magistrate court; jurisdiction; buildings and structures unfit for human habitation; health hazards 1419 Agricultural facilities and operations 1775 NURSES Georgia Board of Examiners of Licensed Practical Nurses; continuation 530 Georgia Board of Nursing; continuation 530 O OBSCENITY Nude or sexual conduct where alcoholic beverages are sold 212 Profane or lewd stickers, decals, or emblems on motor vehicles 1561 OCCUPATIONAL THERAPY Licenses; State Board of Occupational Therapy; continuation 1518 OCMULGEE JUDICIAL CIRCUIT District attorney; salary supplements 3875 OCONEE COUNTY Board of commissioners; chairman; vice chairman; duties; vacancies; oath; bond 3546 Board of commissioners; compensation 3774 Board of commissioners; meetings; publication of financial statements 5070

Page CXV

OFFICE OF PLANNING AND BUDGET Georgia Hazardous Waste Management Authority; assignment 1934 OFFICE OF RURAL DEVELOPMENT Creation within the Department of Community Affairs 291 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision; reenactment 13 Judges of the probate courts; copies; costs 745 Sexual exploitation of children; Code revision 11 OFFICIAL IMMUNITY Proposed constitutional amendment 2121 OFFICIAL STATE BUTTERFLY Tiger swallowtail 853 OGEECHEE RIVER American shad; Hickory shad; creel or possession limits 552 OGLETHORPE POWER CORPORATION Easement over state owned property in Baldwin County 184 OIL Spills or releases; reports; proceedings; penalties 354 OPEN MEETINGS Revision; state and local agencies; notices; exceptions; actions; penalties 235 OPEN RECORDS Inspection of public records 243 OPTOMETRISTS Advertising; trade names 716 Pharmaceutical agents; use 34 State Board of Examiners in Optometry; continuation 530 ORGANS Acquired Immunodeficiency Syndrome (AIDS); anatomical gifts 1799 Anatomical gifts; documents; witnesses 547 Heart transplants; insurance coverage 960

Page CXVI

P PARAMEDICS Advanced emergency medical technicians; title changed 1923 PARENTAL NOTIFICATION ACT Abortion; statements; notice to parents, guardian, or person standing in loco parentis; hearings in juvenile court; penalties 661 PARKS, B. T., MEMORIAL BRIDGE Designated 797 PARTNERSHIPS Georgia Revised Uniform Limited Partnership Act 1016 PATAULA JUDICIAL CIRCUIT Assistant district attorney as solicitor of State Court of Miller County 3681 PAULDING COUNTY Board of commissioners; compensation 3683 West Georgia Regional Water Authority; creation 4926 PEANCE OFFICER AND PROSECUTOR TRAINING FUND Magistrate courts; penalties 286 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Benefits 999 Commissioners 426 Employees; health insurance 766 Medical examinations; date 1067 Options; surviving spouses; divorce; death; alternative benefits 633 Public Service Commission enforcement officers; membership 1479 PEACH COUNTY School district; homestead exemption; referendum 4598 PEACHTREE CITY, CITY OF City officers; appointment; compensation 5217 PELHAM, CITY OF Board of education; districts; elections; terms; tax 3787

Page CXVII

PENAL INSTITUTIONS Acquired Immunodeficiency Syndrome (AIDS); sentencing; testing; reports 1799 Bail jumping 670 Commissioner of corrections; contracts 1448 Commission on Criminal Sanctions and Correctional Facilities; creation 1470 Counties; additional fees or penalties; proposed constitutional amendment 2125 County correctional institutions; wardens; police power 464 Death penalty; persons not to be executed 1003 Death penalty; persons required to be present at executions; witnesses 252 Department of Corrections; additional confinement facilities; notices to General Assembly Vetoed HB 1689 Department of Corrections; employees engaged in farm and livestock operations; workers' compensation 936 Forest Hays, Jr., Correctional Institution; designated 334 Georgia Building Authority (Penal); membership 426 Grants to municipal corporations and counties for jails and correctional institutions; cooperative agreements 256 Municipal jails; chiefs of police as jailers; records 266 Probation; counties of 250,000 or more; county probation systems to become part of state-wide probation system; funding 1951 Probation; suspension of sentence; maximum duration; revocation 1911 Probation; transfer of probation supervision to judicial circuit in which probationer resides 988 State Board of Pardons and Paroles; committee to review membership 426 PERSONAL ATTENDANT CARE PROGRAM FOR DISABLED ADULTS ACT Enactment 1355 PESTICIDES Tobacco; detention and condemnation 373 PHARMACISTS State Board of Pharmacy; continuation 530 PHYSICIANS See Medicine; Health; Professions and Businesses PICKENS COUNTY Superior court; additional judge 234 PIEDMONT JUDICIAL CIRCUIT Jackson County; terms 258

Page CXVIII

PIERCE COUNTY School district; superintendent; appointment; referendum 4898 School superintendent; appointment; referendum 3543 Superior court; terms 551 Tax commissioner and personnel; compensation 4923 PIKE COUNTY School district; homestead exemption; residents 62 or older; referendum 3824 PODIATRISTS State Board of Podiatry Examiners; continuation 530 POLK COUNTY West Georgia Regional Water Authority; creation 4926 POOLER, TOWN OF Boards, commissions, and authorities; holders of elected offices 5397 Determination of millage rates 4151 POPULATION BILLS Definition 1547 PORT WENTWORTH, CITY OF Determination of millage rates 4151 Mayor and councilmen; election; and terms 3995 PREFERRED PROVIDER ARRANGEMENTS ACT Group or blanket accident and sickness insurance 1483 PRINCE, JACK Compensation 793 PROBATE COURTS Judges; minimum annual salaries; cost-of-living adjustments 931 Judges; training; expenses 746 Judges; vacancies; clerks 586 Judges of the Probate Courts Retirement Fund of Georgia; benefits 630 Judges of the Probate Courts Retirement Fund of Georgia; commissioners 426 Jurisdiction; misdemeanor game and fish cases 1418 Jury trials in counties of more than 100,000 743 , 745 , 746 Official Code of Georgia Annotated 745 The Council of Probate Court Judges of Georgia, creation 743

Page CXIX

PROBATION Counties of 250,000 or more; county probation systems to become part of state-wide probation system 1951 Suspension of sentence; maximum duration; revocation 1911 Transfer of probation supervision to judicial circuit in which probationer resides 988 PROFANITY Bumper stickers 1561 PROFESSIONAL CORPORATIONS Shareholders to be active practitioners in corporation 1369 PROFESSIONS AND BUSINESSES Accountants; registration of offices; reports; sanctions; working papers; confidential communications; continuing education 1616 Accountants; State Board of Accountancy; continuation 307 Architects; State Board of Architects; continuation 313 Billiard rooms; licenses 1405 Chiropractors; Georgia Board of Chiropractic Examiners; continuation 530 Chiropractors; recommending use of vitamins, minerals, and food supplements 485 Code revision 13 Commodity merchants 1636 County business and occupational license taxes and fees; criteria 1734 County surveyors; qualifications 555 Dentistry; dentures and dental prostheses; markings 742 Dentistry; Georgia Board of Dentistry; continuation 530 Dentistry; licenses to practice; stays in contested cases 388 Firearms dealers; records 690 Forestry; State Board of Registration for Foresters; membership; powers; licenses; funds; continuation 953 Georgia Athlete Agents Regulatory Act of 1988; enactment 651 Georgia Charitable Solicitations Act of 1988; regulation of charitable organizations, solicitations, and fund raisers 490 Grain dealers; financial statements; records of unlicensed persons 748 Investment advisers and investment adviser representatives; regulation 1290 Licensed practical nurses; Georgia Board of Examiners of Licensed Practical Nurses; continuation 530 Marriage and family therapy; licenses; qualifications; law degree 580 Master therapeutic recreation specialists; qualifications 482 Medicine; Composite State Board of Medical Examiners; continuation 530 Medicine; health records; destruction, alteration, or falsification 412 Medicine; informed consent to surgical, medical, or diagnostic procedures 1443 Medicine; licenses to practice; stays in contested cases 388 Medicine; State Medical Education Board; executive director 545 Motor vehicle dealers; new vehicles; registration and place of business 854 Multilevel distribution companies; regulation 1868

Page CXX

Nursing; Georgia Board of Nursing; continuation 530 Occupational therapy; licenses; State Board of Occupational Therapy; continuation 1518 Optometrists; advertising; trade names 716 Optometrists; pharmaceutical agents; use; continuing education 34 Optometrists; State Board of Examiners in Optometry; continuation 530 Pharmacy; State Board of Pharmacy; continuation 530 Podiatrists; State Board of Podiatry Examiners; continuation 530 Professional corporations; shareholders to be active practitioners in corporation 1369 Psychologists; licenses; qualifications 553 Real estate brokers and salespersons; real estate education, research, and recovery fund; investigations; termination date of commission 1395 Seed-Capital Fund; creation authorized; proposed constitutional amendment 2106 Speed detection device technicians; qualifications 308 State Board of Registration for Professional Engineers and Land Surveyors; continuation; membership 309 Used car dealers' registration; board; licenses; records checks; inspectors; continuation 1504 Veterinary medicine; continuation of board; licenses; continuing education; liability; records 1589 PROPERTY Abandoned motor vehicles; notices and information; law enforcement agencies; owners; liens 1750 Agricultural property; preferential assessment; covenants; transfer to a relative 895 Anatomical gifts; Acquired Immunodeficiency Syndrome (AIDS) 1799 Anatomical gifts; documents; witnesses 547 Anatomical gifts; heart transplants; insurance coverage 960 Bankruptcy; exemption; public retirement or pension systems; nonprofit corporations 1756 Buildings and structures in unincorporated areas; unfit for human habitation; health hazards 1419 Burglar and fire alarms; electronic security systems 1847 Code revision 13 County real property; sale; recreational set-aside property 676 Damage to property subject to a security interest 299 Deeds; landfills; notices; Construction Activity Prohibition on Abandoned Landfills Act of 1988 821 Discrimination in housing 698 Dispossessing tenants; sheriffs' fees 548 Dispossessing tenants; suspension of utilities 923 Foreclosure fraud 1469 Guardianship over property; orders; filing in county where real property is located; time limits 1715 Handicapped parking facilities and spaces; standards; renovations 1556 Historic property; ad valorem taxes; proposed constitutional amendment 2119 Industrial areas; removal of property and adjacent public rights of way; proposed constitutional amendment 2112

Page CXXI

Landfills; construction on abandoned landfills 821 Landfills; national historic monuments 251 Landlord and tenant; suspension of utility service prior to final disposition of dispossessory proceeding prohibited; utility payments 923 Leases by state authorities; approval of fiscal affairs subcommittees 1865 Liability of owner of property where alcoholic beverages are sold, furnished, or served 1692 Moneys provided in connection with a dwelling; misrepresenting as a loan 983 Nuisances; abatement in unincorporated areas 1419 Nuisances; agricultural facilities and operations 1775 Permits for burning woods, lands, marshes, or vegetation 477 Pesticide, plant growth regulator, or fertilizer contamination cases; liability; proof 1409 Real estate brokers and salespersons; real estate education, research, and recovery fund 1395 Renunciations of successions to interests in property; minors; attempted renunciations; precatory expressions 1359 Road and highway projects; relocation assistance; uniform land acquisition policies 1737 Smoke detectors; sleeping accommodations; construction prior to 1976 668 State Housing Trust Fund for the Homeless 717 State Housing Trust Fund for the Homeless; proposed constitutional amendment 2098 State Mapping and Land Records Modernization Advisory Board; creation 1913 State Properties Commission; acquisition related services 554 State Soil and Water Conservation Committee; name changed 269 Tax executions; notices 1363 Tax sales; notice to defendant; redemption period; expiration 1957 Theft by conversion of leased or rented personal property 763 PRUDENT PERSON Investments by executors and trustees 725 PSYCHOLOGISTS Licenses; qualifications 553 PUBLIC EMPLOYEE HAZARDOUS CHEMICAL PROTECTION AND RIGHT TO KNOW ACT OF 1988 Enactment 1778 PUBLIC OFFICERS AND EMPLOYEES Attorney General; membership on boards, commissions, and authorities 426 Attorney General; membership on Georgia State Financing and Investment Commission and committee to prepare summary of proposed constitutional amendments; proposed constitutional amendment 2116 Code revision 13 Commissioner of Insurance; council to review capability; membership 426 Consumers' utility counsel; office; personnel; repeal 1718

Page CXXII

Coroners; fee system; training course; expense allowance; transportation 1539 Coroners; fees; abolition of office by local law with referendum 722 Coroners; medical examiner; definition 1631 Coroners; vacancies 586 Counties; civil service systems for county employees 1627 County boards of family and children services; nominees for membership 1354 County surveyors; qualifications 555 County surveyors; vacancies 586 Court bailiffs; compensation Vetoed SB 516 Deferred compensation plans; state authorities 1417 Emergency medical technicians; indemnification; paramedics 1923 Ethics in Government Act; financial disclosure statements; reports; penalties 603 General Assembly; committees of the Executive or Judicial Branch; reimbursement 284 Grand juries; municipal governing authorities; indictment and appearance of members 298 Health insurance funds for teachers and public school employees; discharge of debts; checks or drafts 393 Liability insurance or indemnity contracts; foster parents and foster children; Department of Human Resources 1714 Lieutenant Governor; Speaker of the House of Representatives; compensation Vetoed HB 1195 Medical examiner; definition 1631 Medical examiners; creation of office by local law with referendum 722 Municipal corporations; nonjudicial municipal offices; residency requirements 930 Municipal officers elected in 1986; terms; local laws 765 Official immunity and sovereign immunity; proposed constitutional amendment 2121 President Pro Tempore of the Senate; compensation 284 Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 1778 School bus drivers; minimum salaries 321 Secretary of State; Georgia Laws; publication 7 Sheriff emeritus; honorary office created 585 Speaker Pro Tempore of the House of Representatives; compensation 284 State Commission on Compensation; members; compensation 297 State Employees' Health Insurance Plan; contributions by departments; discharged employees 413 State Employees' Health Insurance Plan; employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund 766 State Employees' Health Insurance Plan; presentment of checks or drafts; discharge of debts 397 State employees physically disabled in line of duty or by willful act of violence; compensation 738 State Merit System of Personnel Administration; State Board of Technical and Adult Education 1252 State officials; compensation 154 State-owned motor vehicles; liability insurance for nonprofit agencies and their employees contracting with the Department of Transportation 310

Page CXXIII

State Soil and Water Conservation Committee; name changed to State Soil and Water Conservation Commission 269 Tax commissioners, receivers, and collectors; vacancies; personnel 586 Tax commissioners, receivers, and collectors; vacancies; personnel 1449 Teachers' health insurance; local employer's contributions 319 Wardens of county correctional institutions; police powers 464 PUBLIC RECORDS Inspection 243 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Creditable service 638 Postretirement benefit adjustments 879 Retirement benefits; amount 880 Retirement with 40 years of creditable service 885 State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 PUBLIC SERVICE COMMISSION Enforcement officers; Peace Officers' Annuity and Benefit Fund; membership 1479 Special fee on corporations and utilities; amount 263 Telecommunications companies; deregulation or detarriffing by Public Service Commission 1988 See also Public Utilities and Public Transportation PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Ad valorem taxes of public utilities; local assessment 1568 Bus and Rail Vehicle Passenger Safety Act; rail vehicle hijacking; explosives; weapons 415 Consumers' utility counsel; attachment of office; personnel; repeal 1718 Electric membership corporations and foreign electric cooperatives; officers and directors; standard of care; liability; indemnification 1451 Emergency telephone number 911 systems; cellular radio telecommunications services; fees prohibited 465 Emergency telephone number 911 systems; maintenance fees; enhanced systems; local governments 1984 Motor common carriers and motor contract carriers; permits; registration; stamps; fees; exempt commodity intrastate commerce; interstate commerce 1607 Public Service Commission; amount of special fees on corporations and utilities 263 Public Service Commission; enforcement officers; Peace Officers' Annuity and Benefit Fund; membership 1479 Telecommunications companies; deregulation or detarriffing by Public Service Commission 1988 Telephone numbers with 976 prefixes; advertising 399

Page CXXIV

Telephones; solicitations for calls to 976 numbers; automatic dialing equipment; U. S. mail 1246 Utilities; suspension of utility service by landlord prior to final disposition of dispossessory proceeding prohibited; payments 923 PUTNAM COUNTY Superior court; district attorney; salary supplement 3875 Q R RABUN COUNTY Board of commissioners; purchases 4481 Coroner; compensation 3663 Tax commissioner; school taxes 3819 RADAR Technicians; qualifications 308 RADIATION CONTROL Definitions; licenses; users of radioactive materials; registration of radiation generation equipment; prohibited uses of sources of radiation 1670 See also Hazardous Waste RAIL VEHICLES Hijacking; explosives; weapons 415 RECORDS Department of Public Safety; evidence; photocopies and computer printouts 470 Firearms dealers 690 Health records; destruction, alteration, or falsification 412 Inspection of public records 243 State Mapping and Land Records Modernization Advisory Board; creation 1913 State Records Committee; membership 426 RECREATION SPECIALISTS Master therapeutic recreation specialists; qualifications 482 RETIREMENT AND PENSIONS Bankruptcy; exemption 1756 District Attorneys Retirement Fund of Georgia; trustees 426 District Attorneys' Retirement System; trustees 426

Page CXXV

Employees' Retirement System of Georgia; benefits; cost-of-living increase 1482 Employees' Retirement System of Georgia; county boards and departments of health in counties of 550,000 or more; payments by Department of Human Resources 920 Employees' Retirement System of Georgia; district attorneys' investigators; membership 1338 Employees' Retirement System of Georgia; Georgia Agricultural Exposition Authority; membership of officers and employees 201 Employees' Retirement System of Georgia; Georgia Agrirama Development Authority; membership of officers and employees 264 Employees' Retirement System of Georgia; membership; Georgia Environmental Facilities Authority 1490 Employees' Retirement System of Georgia; optional retirement allowances; divorce; death of spouse; alternative benefits 636 Employees' Retirement System of Georgia; State Board of Education and State Department of Education; membership of employees 1351 Employees' Retirement System of Georgia; State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 Georgia Firemen's Pension Fund; employees; health insurance 766 Georgia Firemen's Pension Fund; maximum benefits 338 Georgia Legislative Retirement System; membership; creditable service 1476 Joint Municipal Employees Benefit System; legislative revision; vesting of rights 387 Joint Municipal Employees Benefit System; Municipal Gas Authority of Georgia; membership of employees 401 Judges of the Probate Courts Retirement Fund of Georgia; benefits 630 Judges of the Probate Courts Retirement Fund of Georgia; commissioners 426 Peace Officers' Annuity and Benefit Fund; benefits 999 Peace Officers' Annuity and Benefit Fund; commissioners 426 Peace Officers' Annuity and Benefit Fund; employees; health insurance 766 Peace Officers' Annuity and Benefit Fund; medical examinations; date 1067 Peace Officers' Annuity and Benefit Fund; options; surviving spouses; divorce; death; alternative benefits 633 Peace Officers' Annuity and Benefit Fund; Public Service Commission enforcement officers; membership 1479 Public School Employees Retirement System; creditable service 638 Public School Employees Retirement System; postretirement benefit adjustments 879 Public School Employees Retirement System; retirement benefits; amount 880 Public School Employees Retirement System; retirement with 40 years of creditable service 885 Public School Employees Retirement System; State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 Sheriffs' Retirement Fund of Georgia; continued active membership; benefits; options 1566 Sheriffs' Retirement Fund of Georgia; fines and forfeited bonds; eligibility for retirement 352 Superior Court Clerks' Retirement Fund of Georgia; commissioners 426 Superior Court Clerks' Retirement Fund of Georgia; retirement benefits 626 Superior Court Judges Retirement Fund of Georgia; trustees 426

Page CXXVI

Superior Court Judges Retirement System; trustees 426 Teachers Retirement System of Georgia; creditable service; pregnancy; payment 697 Teachers Retirement System of Georgia; creditable service; reestablishment 346 Teachers Retirement System of Georgia; membership; employees of county school system of county of 550,000 or more 1837 Teachers Retirement System of Georgia; qualified retirement plan; postretirement benefit adjustment 343 Teachers Retirement System of Georgia; State Board of Education and State Department of Education; membership of employees 1351 Teachers Retirement System of Georgia; State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 Teachers Retirement System of Georgia; teacher redefined; regional educational service agencies 379 REVENUE AND TAXATION Ad valorem taxes; alternative tax deferral for the elderly in counties of 550,000 or more 466 Ad valorem taxes; collection of municipal taxes by county tax commissioner or tax receiver and tax collector 368 Ad valorem taxes; county tax digests; review and equalization; Ad Valorem Assessment Review Commission; creation 1763 Ad valorem taxes; historic property; proposed constitutional amendment 2119 Ad valorem taxes; homestead exemptions for individuals over certain ages; referendum 2 Ad valorem taxes; municipalities; municipal development authorities 1748 Ad valorem taxes; preferential assessment of agricultural property; transfer to a relative 895 Ad valorem taxes; public utilities; local assessments 1568 Ad valorem taxes; school lunches; purchase of food 1748 Billiard room licenses; issuance by county governing authority 1405 Code revision 13 County boards of equalization; additional alternate members; selection of members from jury lists 220 County boards of equalization; members; selection; qualifications 487 County business and occupational license taxes and fees; criteria 1734 Excise tax on rooms, lodgings, and accommodations; counties of more than 500,000; municipalities of more than 400,000; domed stadium 1866 Income taxes; administration and enforcement; corporate income tax returns; withholding tax returns; estimated taxes; penalties 1380 Income taxes; estimated tax; fiduciaries 1389 Income taxes; refunds; setoffs for collection of debts owed the Department of Labor under the Employment Security Law 937 Income taxes; social security and railroad retirement benefits 475 Income taxes; wages subject to withholding 1390 Insurance premiums taxes 1581 Intangible taxes; exemption; stock in financial institutions reorganized under southern region interstate banking law 1404 Internal Revenue Code defined and incorporated into Georgia Law 475

Page CXXVII

Municipal taxes; contracts for collection by county tax commissioner or tax receiver and tax collector; assessment; compensation 368 Sales and use taxes; joint county and municipal tax; rate; special purpose county tax 543 Tax commissioners; performance bonds for private persons processing applications for motor vehicle registration 892 Tax commissioners, receivers, and collectors; paying tax executions prohibited 1363 Tax commissioners, receivers, and collectors; vacancies; personnel 586 , 1449 Tax commissioners and collectors; minimum annual salaries; cost-of-living adjustments 931 Tax executions; notices to taxpayer; tax officials and employees paying tax executions prohibited; void executions; maximum charge for release or satisfaction 1363 Tax sales; notice to defendant; redemption period; expiration 1957 Tax Settlement and Compromise Board; membership 426 RICHMOND COUNTY Board of Commissioners as Augusta-Richmond County Commission-Council for both county and city; referendum 3971 Board of health; conveyance of estate for years in state owned real property 176 Motor vehicle registration periods; referendum 4043 Reorganized government of county and City of Augusta; repeal city charter; referendum 3987 School district; homestead exemption; referendum 4147 RIGHT TO KNOW Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 1778 RIVERDALE, CITY OF Homestead exemption; referendum 3951 ROCKDALE COUNTY Board of education; compensation 3652 Conyers-Rockdale County Charter Commission; creation; referendum 3899 Homestead exemption; county and school district taxes; referendum 3659 Motor vehicle registration periods; referendum 3990 State court; terms; ordinance violations 4466 ROGER L. UNDERWOOD Compensation 767 ROME, CITY OF Board of education; election and terms 4690 City commission; salary 5404 School district; homestead exemption; referendum 4484

Page CXXVIII

ROSWELL, CITY OF W. L. Pug Mabry Highway; designated 789 RURAL DEVELOPMENT Office of Rural Development; State Advisory Committee on Rural Development; creation 291 S SALES AND USE TAXES Joint county and municipal sales and use tax; rate; special purpose county sales and use tax 543 SAVANNAH, CITY OF Assessments for street improvements; interest rate 5246 Chatham-Savannah Youth Futures Authority; creation 3743 Determination of millage rates 4151 Employees' retirement plan 5250 Homestead exemption; residents 65 or older; referendum 3706 SAVANNAH RIVER SCENIC HIGHWAY Designated 792 SCHLEY COUNTY Tax commissioner; compensation 3907 SCOTLAND, CITY OF New charter 4314 SEAT BELTS Child passenger restraining systems 480 Use in motor vehicles; evidence in civil actions; insurance 31 SECRETARY OF STATE Georgia Laws; publication, indexing 7 See also Corporations, Partnerships, and Associations; Elections; Professions and Businesses; Securities SECURITIES Investment advisers 1290

Page CXXIX

SEED ADVISORY COMMITTEE Membership 426 SEED-CAPITAL FUND Creation authorized; proposed constitutional amendment 2106 SEED DEVELOPMENT COMMISSION Membership 426 SEMINOLE COUNTY Treasurer; abolish 3898 Treasurer; compensation; repeal 3896 SENATE Districts 15 and 16; composition 1465 SEPTIC TANKS Distance between water wells and septic tanks; variances 1373 SHERIFFS Grand juries; lists of persons who hinder or obstruct sheriffs 549 Honorary office of sheriff emeritus; creation 585 Family violence; protective orders; enforcement duties 1250 Fees 548 Livestock running at large; fees for impoundment 325 SHERIFFS' RETIREMENT FUND OF GEORGIA Continued active membership; benefits; options 1566 Fines and forfeited bonds; eligibility for retirement 352 SMALL MINORITY BUSINESS DEVELOPMENT CORPORATIONS Creation 804 SMITH, CLIFFORD W. Conveyance of state owned real property 774 SMOKE DETECTORS Sleeping accommodations; construction prior to 1976 668 SNELLVILLE, CITY OF Corporate limits 4670

Page CXXX

SOCIAL SERVICES Advisory Commission on Programs for the Visually Impaired and the Hearing Impaired 1979 Child abuse; reports; child-counseling and child service organization personnel; photographs 1624 Children and youth; adoption of special needs children; payments to licensed child-placing agencies 1945 Commission on Children and Youth; creation 871 County boards of family and children services; nominees for membership 1354 Day-care centers; employees' records checks; applicability of Georgia Administrative Procedure Act; hearing officers 1605 Day-care homes and day-care centers; space requirements; additional children 217 Education of children in custody of Department of Human Resources 612 Foster parents; liability insurance or indemnity contracts; Department of Human Resources 1714 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Indigent Care Trust Fund; creation authorized; Medicaid coverage; proposed constitutional amendment 2126 Medical assistance; hearings; administrative decisions 288 Personal Attendant Care Program for Disabled Adults Act; enactment 1355 State Housing Trust Fund for the Homeless; expenditure of funds; programs; proposed constitutional amendment 2098 State Housing Trust Fund for the Homeless Act 717 SOLID WASTE DISPOSAL ACT Solid waste disposal site permits; distance from county line 215 SOLID WASTE MANAGEMENT ACT Permits for solid waste disposal sites near a national historic monument 251 Solid waste from outside the state; Environmental Protection Division; powers; funds; Solid Waste Management Trust Fund; special solid waste 1965 SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Withdrawal of party state 948 SOVEREIGN IMMUNITY Boards of education; interlocal risk management agencies 1960 Proposed constitutional amendment 2121 SPALDING COUNTY Griffin-Spalding County Anti-Drug Commission; creation 4053 Griffin-Spalding County Development Authority; additional members; terms 3938

Page CXXXI

Spalding County Water and Sewerage Facilities Authority; members; number 4822 SPALDING COUNTY WATER AND SEWERAGE FACILITIES AUTHORITY Members; number 4822 SPECIAL MASTERS Fees assessed as court costs 408 SPEED DETECTION DEVICES Technicians; qualifications 308 SPEED LIMITS Interstate highways 30 School buses 540 SPRINGFIELD, CITY OF Corporate limits; referenda 4091 STATE ADVISORY COMMITTEE ON RURAL DEVELOPMENT Creation 291 STATE AUDITOR Nonprofit contractors doing business with the state 1377 STATE BOARD OF ACCOUNTANCY Continuation 307 STATE BOARD OF EXAMINERS IN OPTOMETRY Continuation 530 STATE BOARD OF PARDONS AND PAROLES Committee to review membership 426 STATE BOARD OF PHARMACY Continuation 530 STATE BOARD OF PODIATRY EXAMINERS Continuation 530

Page CXXXII

STATE BOARD OF POSTSECONDARY VOCATIONAL EDUCATION Name changed to State Board of Technical and Adult Education 1252 STATE BOARD OF REGISTRATION FOR FORESTERS Definition; membership; powers; funds; licenses; continuation 953 STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS Continuation; membership 309 STATE CAPITOL Committee to supervise grounds; membership 426 STATE COMMISSION ON COMPENSATION Members; compensation 297 STATE COURTS Appeals from decisions reviewing decisions of magistrate courts 1357 Bailiffs; compensation; jurors; expense allowance Vetoed SB 516 Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 The Council of State Court Judges of Georgia; creation 461 STATE EMPLOYEES' HEALTH INSURANCE PLAN Contributions by departments; discharged employees 413 Employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund 766 Presentment of checks or drafts; discharge of debts 397 STATE GOVERNMENT A. W. Al Holloway Labor Building; designated 337 Advisory Board on Space Management; membership 426 Appropriations; Department of Medical Assistance; supplemental for S.F.Y. 1987-88 1 Appropriations; Georgia Peace Officer Standards and Training Council 483 Appropriations; S.F.Y. 1988-1989 1998 Appropriations for S.F.Y. 1987-1988; State of Georgia General Obligation Debt Sinking Fund (New) 198 Appropriations; supplemental for S.F.Y. 1987-88 68 Attorney General; membership on boards, commissions, and authorities 426 Attorney General; memberships; proposed constitutional amendment 2116 Attorney General; Water Well Standards Advisory Council 1373 Code revision 13 Committee to supervise capitol grounds; membership 426

Page CXXXIII

Community Education and Development Act; enactment; grants to boards of education; Department of Community Affairs 1829 Court of Appeals; reports 426 Debts of state agencies; prompt payment; interest Vetoed SB 618 Department of Administrative Services; services for local political subdivision; reserve fund for new equipment 1944 Department of Community Affairs; continuation; general provisions; powers; duties; board; advisory councils; personnel 38 Department of Community Affairs; State Mapping and Land Records Modernization Advisory Board; creation 1913 Department of Industry and Trade; domed stadium; land; contracts 556 Department of Industry and Trade; hazardous wastes; powers 1934 Department of Medical Assistance; hearings; administrative decisions 288 Employees disabled in line of duty or by willful act of violence; compensation 738 Georgia Administrative Procedure Act; contested cases; findings of fact; statement of facts 1936 Georgia Administrative Procedure Act; contested cases; licenses to practice medicine or dentistry; stays 388 Georgia Administrative Procedure Act; day-care centers; employees' records checks 1605 Georgia Building Authority; membership 426 Georgia Building Authority (Hospital); sale of real property prohibited; exception 1635 Georgia Environmental Facilities Authority; officers and employees; Employees' Retirement System of Georgia; membership 1490 Georgia State Financing and Investment Commission; contracts with State Tollway Authority 227 Georgia State Financing and Investment Commission; membership 426 Hazardous Chemicals Advisory Council; Public Employee Hazardous Chemical Protection and Right to Know Act of 1988 1778 Jekyll IslandState Park Authority; sale of real property prohibited; exception 1635 Metropolitan area planning and development commissions; areas of more than 1,000,000; membership of commissions 1834 Nonprofit contractors; cooperative education service agencies 1415 Nonprofit contractors doing business with state; audits; financial statements; reporting requirements; state auditor 1377 Office of Rural Development; creation 291 Officials; compensation 154 Open meetings 235 Open records 243 Public records; inspection 243 Sovereign immunity and official immunity; proposed constitutional amendment 2121 State authorities; deferred compensation plans 1417 State authorities; leases; approval by fiscal affairs subcommittees 1865 State Commission on Compensation; members; compensation 297 State Employees' Health Insurance Plan; contributions by departments; discharged employees 413 State Employees' Health Insurance Plan; employees of Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund 766

Page CXXXIV

State Employees' Health Insurance Plan; presentment of checks or drafts; discharge of debts 397 State Housing Trust Fund for the Homeless 717 State Housing Trust Fund for the Homeless; proposed constitutional amendment 2098 State Office of Housing; Georgia Residential Finance Authority; powers 1550 State Properties Commission; acquisition related services 554 State Properties Commission; Department of Technical and Adult Education 1252 State Records Committee; membership 426 State Tollway Authority; powers; hearings; rights of way; contracts with Georgia State Financing and Investment Commission 227 Stone Mountain Memorial Association; sale of real property prohibited; exception 1635 Supreme Court; reports 426 Tiger swallowtail; official state butterfly 853 STATE HOUSING TRUST FUND FOR THE HOMELESS Expenditure of funds; programs; proposed constitutional amendment 2098 STATE HOUSING TRUST FUND FOR THE HOMELESS ACT Enactment; commission; trust fund 717 STATE MAPPING AND LAND RECORDS MODERNIZATION ADVISORY BOARD Creation 1913 STATE MEDICAL EDUCATION BOARD Executive director 545 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Department of Technical and Adult Education 1252 STATE OFFICE OF HOUSING Georgia Residential Finance Authority; powers 1550 STATE PROPERTIES COMMISSION Acquisition related services 554 Department of Technical and Adult Education 1252 State authorities; leases 1865 STATE RECORDS COMMITTEE Membership 426

Page CXXXV

STATE SOIL AND WATER CONSERVATION COMMITTEE Contracts; grants 1336 Name changed to State Soil and Water Conservation Commission 269 STATE TOLLWAY AUTHORITY Powers; hearings; rights of way; contracts with Georgia State Financing and Investment Commission 227 STATE-WIDE PROBATION ACT Counties of 250,000 or more; county probation systems 1951 Probation; suspension of sentence; maximum duration; revocation 1911 Transfer of supervision to judicial circuit in which probationer resides 988 STATUTES Georgia Laws; editorial, compilation, and indexing services 7 Local laws; terms of municipal officers elected in 1986 765 Population bills; definition 1547 STEPHENS COUNTY Lease of state owned property 771 STEWART COUNTY Stewart County Water and Sewerage Authority; creation 4498 STEWART COUNTY WATER AND SEWERAGE AUTHORITY Creation 4498 STONE MOUNTAIN JUDICIAL CIRCUIT Additional judge 223 STONE MOUNTAIN MEMORIAL ASSOCIATION Alcoholic beverage sales 218 Sale of real property prohibited; exception 1635 SUBMERGED CULTURAL RESOURCES Exemptions; rules 945 SUBSEQUENT INJURY TRUST FUND Board of trustees; membership 468

Page CXXXVI

SUGAR HILL, CITY OF Corporate limits 4603 SUMTER COUNTY Staggered motor vehicle registration periods; referendum 3702 Sumter County Public School System; creation; referendum 3550 SUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA Commissioners 426 Retirement benefits 626 SUPERIOR COURT JUDGES RETIREMENT FUND OF GEORGIA Trustees 426 SUPERIOR COURT JUDGES RETIREMENT SYSTEM Trustees 426 SUPERIOR COURTS Appalachian Judicial Circuit; additional judge 234 Appeals from decisions of State Board of Workers' Compensation 535 Appeals from inferior courts; trial without jury; consent 253 Bail; schedules; appeal bonds 358 Bailiffs; compensation; jurors; expense allowance Vetoed SB 516 Capital felony prosecutions; reimbursement of counties for expenses 1859 Child abuse protocol committees; composition 474 Clerks; closing office during lunch in counties of fewer than 10,000; inclement weather 489 Clerks; fees; petitions alleging family violence; foreign money judgments 320 Clerks; guardianships over property; filing of orders 1715 Clerks; minimum annual salaries; cost-of-living adjustments 931 Clerks; reports and records of sex criminal convictions 893 Clerks; state-wide county computerized information network; access to corporate records 303 Coweta Judicial Circuit; terms; Carroll County 257 Death penalty habeas corpus cases; judicial assistance 1958 DeKalb County; additional judge 223 District Attorneys; investigators; retirement 1338 District Attorneys Retirement Fund of Georgia; trustees 426 District Attorneys' Retirement System; trustees 426 Fines and forfeited bonds; payments to Sheriffs' Retirement Fund of Georgia 352 Piedmont Judicial Circuit; Jackson County; terms 258 Sessions outside county site in certain counties 259 Sheriffs; fees 548 Sheriffs; fees for impounding stray livestock 325 Sheriffs; honorary office of sheriff emeritus; creation 585

Page CXXXVII

Sheriffs; minimum annual salaries; cost-of-living adjustments 931 Stone Mountain Judicial Circuit; additional judge 223 Superior Court Clerks' Retirement Fund of Georgia; commissioners 426 Superior Court Clerks' Retirement Fund of Georgia; retirement benefits 626 Superior Court Judges Retirement Fund of Georgia; trustees 426 Superior Court Judges Retirement System; trustees 426 Waycross Judicial Circuit; terms 551 SUPREME COURT OF GEORGIA Death penalty cases; pretrial review 1437 Reports 426 Reports; advance reports; rules; forms 1432 SURVEYORS County surveyors; vacancies 586 State Board of Registration for Professional Engineers and Land Surveyors; continuation; membership 309 T TALMADGE, HERMAN EUGENE, TRIBUTE COMMISSION Creation 172 TALMO, CITY OF New charter 4781 TATTNALL COUNTY Board of education; swap of property for state owned property 329 TAX SETTLEMENT AND COMPROMISE BOARD Membership 426 TEACHERS RETIREMENT SYSTEM OF GEORGIA Creditable service; pregnancy; payment 697 Creditable service; reestablishment 346 Membership; employees of county school system of county of 550,000 or more 1837 Qualified retirement plan; postretirement benefit adjustment 343 State Board of Education and State Department of Education; membership of employees 1351 State Board of Postsecondary Vocational Education changed to Department of Technical and Adult Education 1742 Teacher redefined; regional educational service agencies 379

Page CXXXVIII

TELECOMMUNICATIONS COMPANIES Deregulation; tarriffs 1988 TELEPHONES Advertising numbers with 976 prefixes 399 Emergency telephone number 911 systems; cellular radio telecommunications services; fees prohibited 465 Emergency telephone number 911 systems; maintenance fees; enhanced systems; local governments 1984 Solicitations for calls to 976 numbers; automatic dialing equipment 1246 THOMASTON, CITY OF Thomaston-Upson County Airport Authority; creation 4225 THOMASTON-UPSON COUNTY AIRPORT AUTHORITY Creation 4225 THUNDERBOLT, TOWN OF Determination of millage rates 4151 TICKET SCALPING Service charges 324 TIFT COUNTY Superior court; judges; salary supplement 3776 Tift County Airport Authority; name changed 4303 TIFT COUNTY AIRPORT AUTHORITY Name changed 4303 TIFTON, CITY OF Tift County Airport Authority; name changed 4303 TIFTON JUDICIAL CIRCUIT Judges; salary supplement 3776 TIGER SWALLOWTAIL Official state butterfly 853 TOBACCO Pesticides; detention and condemnation of tobacco 373

Page CXXXIX

TORTS Alcoholic beverages; liability of person selling, furnishing, or serving or property owner 1692 Civil actions for damages for willful damage or theft of personal property 404 Electric membership corporations and foreign electric cooperatives; officers and directors; standard of care; liability; indemnification 1451 Furnishing alcoholic beverages to minors 365 Health records; destruction, alteration, or falsification 412 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Medical malpractice; informed consent to surgical, medical, or diagnostic procedures 1443 Motor vehicles; seat belts; use 31 Nonprofit associations; safety or sports programs; limitation on liability; standard of care 383 Optometrists; use of pharmaceutical agents; standard of care 34 Pesticide, plant growth regulator, or fertilizer contamination cases; liability; proof 1409 Sovereign immunity; local boards of education; interlocal risk management agencies 1960 TOWNS COUNTY Exchange of federal and state property in Towns County 801 Magistrate court; judge of probate court as chief magistrate; compensation 4859 Probate court; judge; compensation 4483 TRADEMARKS AND SERVICE MARKS Service marks of counties and municipalities; registration; liquidated damages 1458 TRADE NAMES Optometrists; advertising 716 TRAFFIC CONTROL REVIEW BOARDS Membership 426 TREASURE-TROVE Submerged cultural resources 945 TROUP COUNTY Board of commissioners; meetings; quorum 4458 TRUST COMPANIES Fiduciary funds awaiting investment or distribution; obligations; fees; disclosures 1494

Page CXL

TRUSTS Investments; prudent person; liability 725 Trustee powers which render a trust executory; termination of irrevocable executory trusts; distributions; divisions; consolidations; persons who may create trusts 1939 TURNER COUNTY Board of education; meetings 4601 Superior Court; judges; salary supplement 3776 TYBEE ISLAND, CITY OF Determination of millage rates 4151 TYRONE, TOWN OF Ordinances; signature of mayor 5228 U UNDERGROUND STORAGE TANKS Regulation 2072 UNDERWOOD, ROGER L. Compensation 767 UNEMPLOYMENT COMPENSATION See Labor and Industrial Relations; Employment Security Law UNIFORM CHILD CUSTODY JURISDICTION ACT Definitions; custody proceeding; state 1408 UNIFORM COMMERCIAL CODE Code revision 13 UNITED STATES CONSTITUTION Congress; compensation; ratification of amendment 326 UNITED STATES OF AMERICA Exchange of federal and state property in Towns County 801 UNITED STUDENT AID FUNDS, INC. Loans; investments by insurers 1844

Page CXLI

UPSON COUNTY County taxes; homestead exemption; disabled residents; referendum 3821 School district; homestead exemption; disabled residents; referendum 3685 School district; homestead exemption; residents 62 or older; referendum 3828 Thomaston-Upson County Airport Authority; creation 4225 URBAN RESIDENTIAL FINANCE AUTHORITIES Contracts with downtown development authorities 902 Cooperation with housing authorities 901 URBAN RESIDENTIAL FINANCE AUTHORITIES FOR LARGE MUNICIPALITIES (400,000 OR MORE) Definitions; members; powers; audits 1530 USED CAR DEALERS' REGISTRATION ACT Board; licenses; records checks; inspectors; continuation 1504 V VAN WERT, TOWN OF Charter repeal 4033 VERNONBURG, TOWN OF Chatham Area Transit Authority; contract and charter service; exclusion of town from authority 4824 Determination of millage rates 4151 VETERANS Georgia National Guard; retired members; motor vehicle license plates 854 Georgia War Veterans Cemetery 877 Vietnam Memorial 2071 VETERINARY MEDICINE Licenses; continuation of board; continuing education; liability; records 1589 VICTIMS OF CRIME Compensation 591 Compensation; proposed constitutional amendment 2096 VIETNAM MEMORIAL Placement on grounds of the James H. Sloppy Floyd Building 2071

Page CXLII

VILLA RICA, CITY OF Corporate limits 3851 W W. L. PUG MABRY HIGHWAY Designated 789 WALESKA, CITY OF New charter 5311 WALNUT GROVE, CITY OF Walnutgrove-Youth Water Authority; change name to Walton County Water and Sewerage Authority; change membership; powers 4105 WALNUTGROVE-YOUTH WATER AUTHORITY Change name to Walton County Water and Sewerage Authority; change membership; powers 4105 WALTON COUNTY Motor vehicle registration periods; referendum 4723 School district; homestead exemption; referendum 4720 School district; homestead exemption for elderly; referendum 4710 Superior court; court reporter; salary and compensation 3893 Walnutgrove-Youth Water Authority; change name to Walton County Water and Sewerage Authority; change membership; powers 4105 WARE COUNTY Superior court; terms 551 WAREHOUSES Books and records; licenses; financial statements; audits 750 Tobacco treated with certain pesticides; detention and condemnation 373 WATER Permits; farm uses; rates; modifications; priority during water shortages 1694 Suspension of service by landlord 923 WATER WELL STANDARDS ACT OF 1985 Attorney General; duties; water well contractors; licenses; distance between wells and septic tanks; variances 1373

Page CXLIII

WATERS OF THE STATE, PORTS, AND WATERCRAFT Georgia Boat Safety Act; personal flotation devices; numbering of vessels; muffling devices; noise tests 410 Georgia Ports Authority; acquisition of property from Brunswick Port Authority 254 Lake Sidney Lanier; marine toilets; discharge into lake prohibited; registration of vessels 1343 Submerged cultural resources 945 WAYCROSS, CITY OF Mayor; election; terms; duties 4178 WAYCROSS JUDICIAL CIRCUIT Superior court; terms 551 WEAPONS Buses and rail vehicles 415 Carrying; exemption from prohibition for full-time officials 472 Firearms dealers; records 690 School security personnel 612 WEST GEORGIA REGIONAL WATER AUTHORITY Creation 4926 WHITE COUNTY Board of commissioners; re-creation; referendum 3515 Homestead exemption; referendum 4472 School district; homestead exemption; referendum 4493 Soil erosion and sedimentation control ordinance 5033 WHITFIELD COUNTY Merit system; local constitutional amendment continued 5066 WILBANKS, HILL, MEMORIAL BRIDGE Designated 192 WILCOX COUNTY Board of commissioners; elections; districts; vacancies 4273 WILKES COUNTY Coroner; compensation 4015 Tax commissioner; compensation 4704

Page CXLIV

WILKINSON COUNTY William H. Freeman Memorial Bridge; designated 791 WILLIAM A. DAVIS Conveyance of state owned property in Gordon County 196 WILLIAM H. FREEMAN MEMORIAL BRIDGE Designated 791 WILLIAMS BROS. DIVISION OF BLUE CIRCLE, INC. Conveyance of state owned real property in Bartow County 1473 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Administrators and executors; bonds; sureties; liability; mismanagement or default; settlements 881 Administrators and executors; commissions 371 Code revision 13 Executors; inventories and returns 347 Illegitimate; bastard; and derivations replaced by born out of wedlock in Code 1720 Income taxes; estimated tax; fiduciaries 1389 Investments by executors and trustees; prudent person; liability 725 Renunciations of successions to interests in property; minors; attempted renunciations; precatory expressions 1359 Trust companies; fiduciary funds awaiting investments or distribution; obligations; fees; disclosures 1494 Trusts; trustee powers which render a trust executory; termination of irrevocable executory trusts; distributions; divisions; consolidations; persons who may create trusts 1939 WINDER, CITY OF Annexation of state owned real property 783 WITNESSES Influencing; threats 316 Law enforcement officers; witness fees Vetoed HB 1292 Prisoners under sentence of death; delivery; procedure 1732 WORKERS' COMPENSATION Appeals from State Board of Workers' Compensation to superior court; time 535 Certifications of corporate officers; partial lump sum advance payments 1679 Death caused by intentional act of employer; penalty 660

Page CXLV

Department of Corrections; employees engaged in farm and livestock operations 936 State Board of Workers' Compensation; subpoenas; writs of fieri facias; personnel; minimum assessments; inspections 1679 Subsequent Injury Trust Fund; board of trustees; membership 468 WORTH COUNTY State court; judge; compensation 3840 Superior court; judges; salary supplement 3776 X Y Z ZION, CITY OF Corporate limits 3944

Page CXLVI

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 34,666 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 36,570 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 CXLIX

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 34,666 Baldwin 34,686 Colquitt 35,376 Bulloch 35,785 Henry 36,309 Rockdale 36,570 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 CLI

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 CLIII

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1987-1988 District Name Address 23 Frank A. Albert 1432 Reynolds Street, Augusta 30902 22 Thomas F. Allgood P.O. Box 1532, 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 Drive, Mableton 30059 13 Rooney L. Bowen P.O. Box 1238, Cordele 31015 51 Max R. Brannon P.O. Box 1027, Calhoun 30701 46 Paul C. Broun 165 Pulaski Street, Athens 30610 3 Glenn E. Bryant P.O. Box 585, Hinesville 31313 5 Joe Burton 2598 Woodwardia Road, N.E., Atlanta 30345 1 J. Tom Coleman, Jr. P.O. Box 22398, Savannah 31403 40 Paul D. Coverdell 2622 Piedmont Road, N.E., Atlanta 30324 17 Alex Crumbley P.O. Box 775, McDonough 30253 45 Harrill L. Dawkins 1445-A Old McDonough Road, Conyers 30207 49 J. Nathan Deal P.O. Box 2522, Gainesville 30503 31 Nathan Dean P.O. Box 606, Rockmart 30153 6 Earl Echols P.O. Box 352, Patterson 31557 28 Arthur B. Edge, IV 15 Jefferson Street, Newnan 30263 21 W. F. English 214 Golf Drive, Swainsboro 30401 34 Beverly L. Engram P.O. Box 908, Fairburn 30213 54 W. W. Fincher, Jr. P.O. Drawer 400, Chatsworth 30705 50 John C. Foster P.O. Box 100, Cornelia 30531 30 Wayne Garner 109 Stonewall Drive, Carrollton 30117 20 Hugh M. Gillis, Sr. P.O. Box 148, Soperton 30457 27 W. F. Harris 1261 Willingham Springs Road, Thomaston 30286 37 Carl Harrison P.O. Box 1374, Marietta 30061 52 Edward Hine, Jr. P.O. Box 5511, Rome 30161 42 Pierre Howard 592 Fidelity National Bank Bldg., 160 Clairemont Avenue, Decatur 30030 15 Floyd Hudgins P.O. Box 12127, Columbus 31907 53 Waymond C. Huggins P.O. Box 284, LaFayette 30728 47 Don Johnson P.O. Box 27, Royston 30662 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, S.W., Atlanta 30331 24 Sam P. McGill P.O. Box 520, Washington 30673 14 Lewis H. McKenzie P.O. Box 565, Montezuma 31063 56 Sallie Newbill 7205 Riverside Drive, Atlanta 30328 26 Tommy C. Olmstead P.O. Box 5128, Macon 31298 48 Donn M. Peevy P.O. Box 862, Lawrenceville 30246 7 Ed Perry P.O. Box 925, Nashville 31639 9 R. T. Phillips 1703 Pounds Road, Stone Mountain 30087 10 Harold J. Ragan 1296 Crine Boulevard, N.W., Cairo 31728 32 Hugh A. Ragan P.O. Box 813599, Smyrna 30081 19 Walter S. Ray P.O. Box 295, Douglas 31533 2 Albert J. Scott P.O. Box 1704, Savannah 31402 36 David Scott 190 Wendell Drive, S.E., Atlanta 30315 39 Hildred W. Shumake 1103 Fair Street, Atlanta 30314 44 Terrell Starr P.O. Box 545, Forest Park 30050 55 Lawrence Stumbaugh 1071 Yemassee Trail, Stone Mountain 30083 38 Dr. Horace E. Tate 621 Lilla Drive, S.W., Atlanta 30310 12 Mark Taylor P.O. Box 1156, Albany 31703 11 Jimmy Hodge Timmons 132 South Woodlawn Street, Blakely 31723 8 Loyce W. Turner P.O. Box 157, Valdosta 31603 41 James W. Tysinger 3781 Watkins Place, N.E., Atlanta 30319 43 Gene Walker P.O. Box 371599, Decatur 30037-1599

Page CLV

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1987-1988 District Name Address 1 J. Tom Coleman, Jr. P.O. Box 22398 Savannah 31403 2 Albert J. 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 Road, N.E. Atlanta 30345 6 Earl Echols P.O. Box 352 Patterson 31557 7 Ed Perry P.O. Box 925 Nashville 31639 8 Loyce W. Turner P.O. Box 157 Valdosta 31603 9 R. T. Phillips 1703 Pounds Road Stone Mountain 30087 10 Harold J. Ragan 1296 Crine Boulevard, N.W. Cairo 31728 11 Jimmy Hodge Timmons 132 South Woodlawn Street Blakely 31723 12 Mark Taylor P.O. Box 1156 Albany 31703 13 Rooney L. Bowen P.O. Box 1238 Cordele 31015 14 Lewis H. 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 Alex Crumbley P.O. Box 775 McDonough 30253 18 Ed Barker P.O. Box 5036 Warner Robins 31099 19 Walter S. Ray P.O. Box 295 Douglas 31533 20 Hugh M. Gillis, Sr. P.O. Box 148 Soperton 30457 21 W. F. English 214 Golf Drive Swainsboro 30401 22 Thomas F. Allgood P.O. Box 1523 Augusta 30903 23 Frank A. Albert 1432 Reynolds Street Augusta 30902 24 Sam P. McGill P.O. Box 520 Washington 30673 25 Culver Kidd P.O. Box 370 Milledgeville 31061 26 Tommy C. Olmstead P.O. Box 5128 Macon 31298 27 W. F. Harris 1261 Willingham Springs Road Thomaston 30286 28 Arthur B. Edge, IV 15 Jefferson Street Newnan 30263 29 A. Quillian Baldwin, Jr. P.O. Box 1364 LaGrange 30241 30 Wayne Garner 109 Stonewall Drive Carrollton 30117 31 Nathan Dean P.O. Box 606 Rockmart 30153 32 Hugh A. Ragan P.O. Box 813599 Smyrna 30081 33 Roy E. Barnes 4841 Brookwood Drive Mableton 30059 34 Beverly L. Engram P.O. Box 908 Fairburn 30213 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W. Atlanta 30331 36 David Scott 190 Wendell Drive, S.E. Atlanta 30315 37 Carl Harrison P.O. Box 1374 Marietta 30061 38 Dr. Horace E. Tate 621 Lilla Drive, S.W. Atlanta 30310 39 Hildred W. Shumake 1103 Fair Street Atlanta 30314 40 Paul D. Coverdell 2622 Piedmont Road, N.E. Atlanta 30324 41 James W. Tysinger 3781 Watkins Place, N.E. Atlanta 30319 42 Pierre Howard 592 Fidelity National Bank Bldg. 160 Clairemont Avenue Decatur 30030 43 Gene Walker P.O. Box 371599 Decatur 30037-1599 44 Terrell Starr P.O. Box 545 Forest Park 30050 45 Harrill L. Dawkins 1445-A Old McDonough Road Conyers 30207 46 Paul C. Broun 165 Pulaski Street Athens 30610 47 Don Johnson P.O. Box 27 Royston 30662 48 Donn M. Peevy P.O. Box 862 Lawrenceville 30246 49 J. Nathan Deal P.O. Box 2522 Gainesville 30503 50 John C. Foster P.O. Box 100 Cornelia 30531 51 Max R. 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. Fincher, Jr. P.O. Drawer 400 Chatsworth 30705 55 Lawrence Stumbaugh 1071 Yemassee Trail Stone Mountain 30083 56 Sallie Newbill 7205 Riverside Drive Atlanta 30328

Page CLVIII

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 81 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 CLX

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1987-1988 District Representative Address 56 Betty D. Aaron 3920 Johns Hopkins Court Decatur 30034 36 G. D. Adams 3417 Northside Drive Hapeville 30354 79 Marvin Adams 709 Greenwood Road Thomaston 30286 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 57-Post 3 Dean Alford 20 Willowick Drive Lithonia 30058 127 Roy L. Allen 1406 Law Drive Savannah 31401 57-Post 1 Troy Athon P.O. Box 497 Conyers 30207 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30080 72-Post 5 Frank I. Bailey, Jr. P.O. Box 777 Riverdale 30274 140 Ralph J. Balkcom Route 1 Blakely 31723 62 Charles Bannister 312 Emily Drive Lilburn 30247 108 Emory E. Bargeron P.O. Box 447 Louisville 30434 10 Bill H. Barnett P.O. Box 755 Cumming 30130 59 Mike Barnett 4779 St. Moritz Drive Lilburn 30247 148 James M. Beck 2427 Westwood Drive Valdosta 31602 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 104 Kenneth W. Birdsong Route 1 Gordon 31031 94 Sanford D. Bishop, Jr. P.O. Box 709 Columbus 31902 138 Henry Bostick P.O. Box 94 Tifton 31793 137 Paul S. Branch, Jr. Route 4, P.O. Box 499-A Fitzgerald 31750 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 103 Floyd M. Buford, Jr. P.O. Box 13183 Macon 31208-3183 153-Post 2 Roger Byrd P.O. Box 756 Hazlehurst 31539 65 Tyrone Carrell P.O. Box 561 Monroe 30655 146 Hanson Carter P.O. Box 711 Nashville 31639 133 Tommy Chambless P.O. Box 2008 Albany 31703-2001 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 15-Post 1 E. M. Childers 28 Surrey Trail Rome 30161 55 Betty J. Clark 1060 Hilburn Drive, S.E. Atlanta 30316 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 13-Post 1 Louie M. Clark Route 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 40 Barbara H. Couch Legislative Office Building Suite 609 18 Capitol Square Atlanta 30334 141 Walter E. Cox 202 West Street Bainbridge 31717 5 John G. Crawford P.O. Box 518 Lyerly 30730 150 Tom Crosby, Jr. 705 Wacona Drive Waycross 31501 17 Bill Cummings 508 Morgan Valley Road Rockmart 30153 134 Mary Young Cummings 307 Whitney Avenue Albany 31701 29 Grace W. Davis 260 Fulton Street, S.W. Atlanta 30312 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 151 Harry D. Dixon 1303 Coral Road Waycross 31501 74 Denny Michael Dobbs 329 Harold Dobbs Road Covington 30209 11-Post 1 William J. Dover Route 2, Timbrook 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 Drive, N.W. Atlanta 30328 154 James Marvin Floyd P.O. Box 1009 Hinesville 31313 6-Post 2 Philip A. Foster 4425 Airport Road, S.E. Dalton 30721 97 Mary Jane Galer 7236 Lullwater Road Columbus 31904 110 John Godbee 401 Lane Street Brooklet 30415 63 Bill Goodwin 3823 Club Forest Drive Norcross 30092 106 George F. Green 525 Spring Street Sparta 31087 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 39 John W. Greer Suite 605 133 Carnegie Way, N.W. Atlanta 30303 21-Post 4 William J. Gresham, Jr. 1010 Richmond Hill Drive Marietta 30068 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 99 Denmark Groover P.O. Box 755 Macon 31202 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 131 Robert Hanner P.O. Box 310 Dawson 31742 84 Robert Harris Route 5, Box 593 Thomson 30824 8-Post 2 W. G. Hasty, Sr. Route 9, Hilton Way Canton 30114 43 Paul W. Heard, Jr. 102 Camp Creek Court Peachtree City 30269 20-Post 2 Sam P. Hensley, Sr. 876 Old Mountain Road Marietta 30064 72-Post 3 Charles E. Holcomb P.O. Box 122 Jonesboro 30237 28 Robert A. Holmes P.O. Box 110009 Atlanta 30311-0009 116 George B. Hooks P.O. Box 928 Americus 31709 117 Newt Hudson Route 1, Box 29A Rochelle 31079 21-Post 2 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mountain 30502 83 William S. Jackson 3907 Washington Road Martinez 30907 11-Post 2 Jeanette Jamieson P.O. Box 852 Toccoa 30577 123 Diane Harvey Johnson P.O. Box 5544 Savannah 31414 72-Post 4 Rudolph Johnson 5604 Reynolds Road Lake City 30260 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 42 Thomas M. Kilgore 1992 Tara Circle Douglasville 30135 125 Jack Kingston 30 Wylly Avenue Savannah 31406 111 Bob Lane 205 Aldred Avenue Statesboro 30458 27 Dick Lane 2704 Humphries Street East Point 30344 7 James Beverly Langford P.O. Box 277 Calhoun 30701 20-Post 5 Terry Lawler 4887 Mosley Road Clarkdale 30020 49 Thomas E. Lawrence 2283 Stratmor Drive Stone Mountain 30087 9-Post 2 Bobby Lawson P.O. Box 53 Gainesville 30503 72-Post 1 William J. Lee 5325 Hillside Drive Forest Park 30050 44 John Linder 5039 Winding Branch Drive Dunwoody 30338 142 Bobby Long 1466 Sixth Street, N.W. Cairo 31728 107 Jimmy Lord P.O. Box 254 Sandersville 31082 102 David E. Lucas 448 Woolfolk Street Macon 31201 25 John M. Lupton III 594 Westover Drive Atlanta 30305 57-Post 2 William C. Mangum, Jr. 4320 Pleasant Forest Drive Decatur 30034 26 Jim Martin 44 Broad Street, Suite 504 Atlanta 30303 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 12 Lauren McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 15-Post 2 Forrest L. McKelvey 1118 Old Rockmart Road, S.E. Silver Creek 30173 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 91 Leonard Meadows P.O. Box 317 Manchester 31816 81 Wade Milam 419 College Avenue LaGrange 30241 13-Post 2 Billy Milford Route 3, P.O. Box 3334 Hartwell 30643 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 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 Court Tucker 30084 75 John L. Mostiler 150 Meadovista Drive Griffin 30223 93 Roy D. Moultrie P.O. Box 119 Hamilton 31811 126 Anne Mueller 13013 Hermitage Road Savannah 31419 18 Thomas B. Murphy P.O. Drawer 1140 Bremen 30110 121 Clinton Oliver P.O. Box 237 Glennville 30427 53 Mary Margaret Oliver 150 East Ponce de Leon Avenue Suite 480 Decatur 30030 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 122 Jim Pannell P.O. Box 10186 Savannah 31412 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 109 Larry Parrish 224 West Main Street Swainsboro 30401 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 2 Robert G. Peters P.O. Box 550 Ringgold 30736 19 Hugh Boyd Pettit III P.O. Box 1256 Cartersville 30120 120 Mary Ida Phillips P.O. Box 166 Soperton 30457 100 Frank C. Pinkston P.O. Box 4872 Macon 31208 60 Ron Pittman 3636 Tinsley Place Duluth 30136 119 DuBose Porter P.O. Drawer B, CSS Dublin 31040 145 C. C. Powell Box 2534 Moultrie 31776-2534 8-Post 1 Allyn Prichard Route 8, Stover Road Canton 30114 135 Howard H. Rainey 913 Third Avenue, East Cordele 31015 3 Tom Ramsey P.O. Box 1130 Chatsworth 30705 155 Virginia Ramsey 393 Lake Circle Drive Brunswick 31520 101 William C. Randall P.O. Box 121 Macon 31202 90 Dick Ransom 445 Waverly Drive Augusta 30909 98 Robert Ray Route 1, Box 2126 Fort Valley 31030 147 Henry L. Reaves Route 2, Box 83 Quitman 31643 50 Frank Redding P.O. Box 117 Decatur 30030 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 82 Edward D. Ricketson, Jr. P.O. Drawer 732 Warrenton 30828 96 Pete Robinson P.O. Box 2648 Columbus 31994 144 A. Richard Royal P.O. Drawer 607 Camilla 31730 32 Helen Selman Box 315, Jones Ferry Road Palmetto 30268 71 Neal Shepard 94 Boy Scout Road Newnan 30263 143 Allen Sherrod Route 1 Coolidge 31738 70 John Simpson 302-A Newnan Street Carrollton 30117 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 136 Earleen Sizemore Route 3, Box 47-D Sylvester 31791 78 Larry Smith P.O. Box 4155 Jackson 30233 16 Paul E. Smith P.O. Box 486 Rome 30161 152 Tommy Smith Route 1 Alma 31510 156 Willou Smith Box 10 Riverfront Plaza Brunswick 31520 92 Calvin Smyre P.O. Box 181 Columbus 31902 1-Post 1 Michael M. Snow Route 2, Box 1595 Chickamauga 30707 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 33 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 46 Cathey W. Steinberg 1732 Dunwoody Place, N.E. Atlanta 30324 68 Lawton E. Stephens P.O. Box 8064 Athens 30603-8064 69 Charles Thomas, Jr. P.O. Box 686 Temple 30179 31 Mable Thomas P.O. Box 573 Atlanta 30301 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 67 Mike Thurmond P.O. Drawer 1148 Athens 30603 58 Tommy Tolbert 1138 Otello Avenue Clarkston 30021 24 Kiliaen V. R. Townsend 56 Paces West Drive, N.W. Atlanta 30327 128 Tom Triplett P.O. Box 9586 Savannah 31412 4-Post 2 Ralph Twiggs P.O. Box 432 Hiawassee 30546 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 80 Kenneth Waldrep P.O. Box 657 Forsyth 31029 85 Charles W. Walker 1402 Twelfth Street Augusta 30901 115 Larry Walker P.O. Box 1234 Perry 31069 61 Vinson Wall 164 East Oak Street Lawrenceville 30245 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 114 Roy H. Watson, Jr. P.O. Box 1905 Warner Robins 31099 41 Charlie Watts 505 Hardee Street Dallas 30132 132 John White P.O. Box 3506 Albany 31706 21-Post 5 Thomas E. Wilder, Jr. 4195 Parish Drive Marietta 30066 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 54 Juanita Williams Eight East Lake Drive, N.E. Atlanta 30317 20-Post 1 Joe Mack Wilson 217 Northcutt Street Marietta 30064 9-Post 1 Joe T. Wood P.O. Drawer 1058 Gainesville 30503 51 Ken Workman Suite 132 400 Perimeter Center Terrace Atlanta 30346 14 Charles Yeargin P.O. Box 584 Elberton 30635

Page CLXVIII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES FOR THE TERM 1987-1988 BY DISTRICTS AND ADDRESSES District Representative Address 1-Post 1 Michael M. Snow Route 2, Box 1595 Chickamauga 30707 1-Post 2 Robert H. McCoy 181 South Mission Ridge Drive Rossville 30741 2 Robert G. 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 Box 518 Lyerly 30730 6-Post 1 Jim Tyson Griffin 526 Varnell Road Tunnel Hill 30755 6-Post 2 Philip A. Foster 4425 Airport Road, S.E. Dalton 30721 7 James Beverly Langford P.O. Box 277 Calhoun 30701 8-Post 1 Allyn Prichard Route 8, Stover Road Canton 30114 8-Post 2 W. G. Hasty, Sr. Route 9, Hilton Way Canton 30114 9-Post 1 Joe T. Wood P.O. Drawer 1058 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 Route 2, Timbrook Clarkesville 30523 11-Post 2 Jeanette Jamieson P.O. Box 852 Toccoa 30577 12 Lauren McDonald, Jr. Route 5, Dogwood Trail Commerce 30529 13-Post 1 Louie M. Clark Route 2 Danielsville 30633 13-Post 2 Billy Milford Route 3, P.O. Box 3334 Hartwell 30643 14 Charles Yeargin P.O. Box 584 Elberton 30635 15-Post 1 E. M. Childers 28 Surrey Trail Rome 30161 15-Post 2 Forrest L. McKelvey 1118 Old Rockmart Road, S.E. Silver Creek 30173 16 Paul E. Smith P.O. Box 486 Rome 30161 17 Bill Cummings 508 Morgan Valley Road Rockmart 30153 18 Thomas B. Murphy P.O. Drawer 1140 Bremen 30110 19 Hugh Boyd Pettit III P.O. Box 1256 Cartersville 30120 20-Post 1 Joe Mack Wilson 217 Northcutt Street Marietta 30064 20-Post 2 Sam P. Hensley, Jr. 876 Old Mountain Road Marietta 30064 20-Post 3 Herman Clark 3708 Summit Drive Acworth 30101 20-Post 4 Steve Thompson 4265 Bradley Drive Austell 30001 20-Post 5 Terry Lawler 4887 Mosley Road Clarkdale 30020 21-Post 1 Fred Aiken 4020 Pineview Drive, S.E. Smyrna 30080 21-Post 2 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 21-Post 3 William A. Atkins 4719 Windsor Drive Smyrna 30080 21-Post 4 William J. Gresham, Jr. 1010 Richmond Hill Drive Marietta 30068 21-Post 5 Thomas E. Wilder, Jr. 4195 Parish Drive Marietta 30066 22 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 23 Luther S. Colbert 495 Houze Way Roswell 30076 24 Kiliaen V. R. Townsend 56 Paces West Drive, N.W. Atlanta 30327 25 John M. Lupton III 594 Westover Drive Atlanta 30305 26 Jim Martin 44 Broad Street, Suite 504 Atlanta 30303 27 Dick Lane 2704 Humphries Street East Point 30344 28 Robert A. Holmes P.O. Box 110009 Atlanta 30311-0009 29 Grace W. Davis 260 Fulton Street, S.W. Atlanta 30312 30 Nancy Gorgan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 31 Mable Thomas P.O. Box 573 Atlanta 30301 32 Helen Selman Box 315, Jones Ferry Road Palmetto 30268 33 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 34 Tyrone Brooks Station A, P.O. Box 11185 Atlanta 30310-0185 35 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 36 G. D. Adams 3417 Northside Drive Hapeville 30354 37 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 38 Lorenzo Benn 579 Fielding Lane, S.W. Atlanta 30311 39 John W. Greer Suite 605 133 Carnegie Way, N.W. Atlanta 30303 40 Barbara H. Couch Legislative Office Building Suite 609, 18 Capitol Square Atlanta 30334 41 Charlie Watts 505 Hardee Street 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 Drive Dunwoody 30338 45 J. Max Davis 1177 W. Nancy Creek Dr., N.E. Atlanta 30319 46 Cathey W. Steinberg 1732 Dunwoody Place, N.E. Atlanta 30324 47 Chesley V. Morton, Jr. 3580 Coldwater Canyon Court Tucker 30084 48 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 49 Thomas E. Lawrence 2283 Stratmor Drive Stone Mountain 30087 50 Frank Redding P.O. Box 117 Decatur 30030 51 Ken Workman Suite 132 400 Perimeter Center Terrace Atlanta 30346 52 Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Mary Margaret Oliver 150 East Ponce de Leon Avenue Suite 480 Decatur 30030 54 Juanita Williams Eight East Lake Drive, N.E. Atlanta 30317 55 Betty J. Clark 1060 Hilburn Drive, S.E. Atlanta 30316 56 Betty D. Aaron 3920 Johns Hopkins Court Decatur 30034 57-Post 1 Troy Athon P.O. Box 497 Conyers 30207 57-Post 2 William C. Mangum, Jr. 4320 Pleasant Forest Drive Decatur 30034 57-Post 3 Dean Alford 20 Willowick Drive Lithonia 30058 58 Tommy Tolbert 1138 Otello Avenue Clarkston 30021 59 Mike Barnett 4779 St. Moritz Drive Lilburn 30247 60 Ron Pittman 3636 Tinsley Place Duluth 30136 61 Vinson Wall 164 East Oak Street Lawrenceville 30245 62 Charles Bannister 312 Emily Drive Lilburn 30247 63 Bill Goodwin 3823 Club Forest Drive Norcross 30092 64 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 65 Tyrone Carrell P.O. Box 561 Monroe 30655 66 Frank E. Stancil P.O. Box 694 Watkinsville 30677 67 Mike Thurmond P.O. Drawer 1148 Athens 30603 68 Lawton E. Stephens P.O. Box 8064 Athens 30603-8064 69 Charles Thomas, Jr. P.O. Box 686 Temple 30179 70 John Simpson 302-A Newnan Street Carrollton 30117 71 Neal Shepard 94 Boy Scout Road Newnan 30263 72-Post 1 William J. Lee 5325 Hillside Drive Forest Park 30050 72-Post 2 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 72-Post 3 Charles E. Holcomb P.O. Box 122 Jonesboro 30237 72-Post 4 Rudolph Johnson 5604 Reynolds Road Lake City 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 Michael Dobbs 329 Harold Dobbs Road Covington 30209 75 John L. Mostiler 150 Meadovista Drive Griffin 30223 76 Suzi Johnson-Herbert 110 Partridge Path Griffin 30223 77 J. Crawford Ware P.O. Box 305 Hogansville 30230 78 Larry Smith P.O. Box 4155 Jackson 30233 79 Marvin Adams 709 Greenwood Road Thomaston 30286 80 Kenneth Waldrep P.O. Box 657 Forsyth 31029 81 Wade Milam 419 College Avenue LaGrange 30241 82 Edward D. Ricketson, Jr. P.O. Box 732 Warrenton 30828 83 William S. Jackson 3907 Washington Road Martinez 30907 84 Robert Harris Route 5, Box 593 Thomson 30824 85 Charles W. Walker 1402 Twelfth Street Augusta 30901 86 Mike Padgett 1140 Bennock Mill Road Augusta 30906 87 Jack Connell P.O. Box 308 Augusta 30903 88 George M. Brown P.O. Box 1114 Augusta 30903 89 Donald E. Cheeks 3047 Walton Way Augusta 30909 90 Dick Ransom 445 Waverly Drive Augusta 30909 91 Leonard Meadows P.O. Box 317 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 P.O. Box 2648 Columbus 31994 97 Mary Jane Galer 7236 Lullwater Road Columbus 31904 98 Robert Ray Route 1, Box 2126 Fort Valley 31030 99 Denmark Groover P.O. Box 755 Macon 31202 100 Frank C. Pinkston P.O. Box 4872 Macon 31208 101 William C. Randall P.O. Box 121 Macon 31202 102 David E. Lucas 448 Woolfolk Street Macon 31201 103 Floyd M. Buford, Jr. P.O. Box 13183 Macon 31208-3183 104 Kenneth W. Birdsong Route 1 Gordon 31031 105 Bobby Eugene Parham P.O. Box 606 Milledgeville 31061 106 George F. Green 525 Spring Street Sparta 31087 107 Jimmy Lord P.O. Box 254 Sandersville 31082 108 Emory E. Bargeron P.O. Box 447 Louisville 30434 109 Larry Parrish 224 West Main Street Swainsboro 30401 110 John Godbee 401 Lane Street Brooklet 30415 111 Bob Lane 205 Aldred Avenue Statesboro 30458 112 Ward Edwards P.O. Box 146 Butler 31006 113 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 114 Roy H. Watron, Jr. P.O. Box 1905 Warner Robins 31099 115 Larry Walker P.O. Box 1234 Perry 31069 116 George B. Hooks P.O. Box 928 Americus 31709 117 Newt Hudson Route 1, Box 29A Rochelle 31079 118 Terry L. Coleman P.O. Box 157 Eastman 31023 119 DuBose Porter P.O. Drawer B, CSS Dublin 31040 120 Mary Ida Phillips P.O. Box 166 Soperton 30457 121 Clinton Oliver P.O. Box 237 Glennville 30427 122 Jim Pannell P.O. Box 10186 Savannah 31412 123 Diane Harvey Johnson P.O. Box 5544 Savannah 31414 124 DeWayne Hamilton P.O. Box 14562 Savannah 31406 125 Jack Kingston 30 Wylly Avenue Savannah 31406 126 Anne Mueller 13013 Hermitage Road Savannah 31419 127 Roy L. Allen 1406 Law Drive Savannah 31401 128 Tom Triplett P.O. Box 9586 Savannah 31412 129 George A. Chance, Jr. P.O. Box 373 Springfield 31329 130 Gerald E. Greene Route 3, Box 119 Cuthbert 31740 131 Robert Hanner P.O. Box 310 Dawson 31742 132 John White P.O. Box 3506 Albany 31706 133 Tommy Chambless P.O. Box 2008 Albany 31703-2001 134 Mary Young Cummings 307 Whitney Avenue Albany 31701 135 Howard H. Rainey 913 Third Avenue, East Cordele 31015 136 Earleen Sizemore Route 3, Box 47-D Sylvester 31791 137 Paul S. Branch, Jr. Route 4, P.O. 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 Street Bainbridge 31717 142 Bobby Long 1466 Sixth Street, N.W. Cairo 31728 143 Allen Sherrod Route 1 Coolidge 31738 144 A. Richard Royal P.O. Drawer 607 Camilla 31730 145 C. C. Powell Box 2534 Moultrie 31776-2534 146 Hanson Carter P.O. Box 711 Nashville 31639 147 Henry L. Reaves Route 2, Box 83 Quitman 31643 148 James M. Beck 2427 Westwood Drive Valdosta 31602 149 Robert L. Patten Route 1, Box 180 Lakeland 31635 150 Tom Crosby, Jr. 705 Wacona Drive Waycross 31501 151 Harry D. Dixon 1303 Coral Road Waycross 31501 152 Tommy Smith Route 1 Alma 31510 153-Post 1 Lundsford Moody Route 1, Box 205 Baxley 31513 153-Post 2 Roger Byrd P.O. Box 756 Hazlehurst 31539 154 James Marvin Floyd P.O. Box 1009 Hinesville 31313 155 Virginia Ramsey 393 Lake Circle Drive Brunswick 31520 156 Willou Smith Box 10, Riverfront Plaza Brunswick 31520

Page CLXXVI

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1987 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 0 5 20 1986 66 0 10 56 1987 43 8 35 TOTALS 1114 50 66 998

Page CLXXVII

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 Agn511 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Irwin 2495 Tax Commissioner 11-2-54 For568 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 CLXXVIII

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 CLXXXI

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 Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla 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 CXCVII

Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 669 Agn: 174 Ward 1 For: 22 Agn: 36 Ward 2 For: 0 Agn: 17 Ward 3 For: 0 Agn: 0 Ward 4 For: 6 Agn: 69 Ward 5 For: 0 Agn: 1 Sumter 3251 City of Americus 5-9-61 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page CC

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 Tannille 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 CCIII

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 CCVI

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 CCIX

Georgia Laws 1964, Extra Session : County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For464 Agn529 Barrow 2347 City of Winder 9-9-64 For507 Agn372 Cobb 2075 Board of County Commissioners 7-8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For57 Agn104 Troup 2256 City of Hogansville 9-2-64 For200 Agn410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12-2-64 For216 Agn32

Page CCX

Georgia Laws, 1965 : County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11-8-66 For589 Agn556 Appling 3361 Providing for an annual audit 11-8-66 For733 Agn326 Baldwin 2306 City of Milledgeville 6-2-65 For544 Agn462 Baldwin 2316 Board of County Commissioners 4-7-65 For801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For828 Agn1198 Decatur 2819 City of Bainbridge 4-7-65 For1148 Agn688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For447 Agn472 Dooly 2582 City of Unadilla 7-20-65 For56 Agn115 Echols 3160 City of Statenville 7-14-65 For72 Agn75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For92 Agn123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For105 Agn58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For226 Agn49 Fire Dist. No. 2 For116 Agn46 Fire Dist. No. 3 For364 Agn535 Tift 2541 * * Each of these acts has an effective date of January 1, 1966. Ordinarycompensation 6-16-65 For953 Agn353 Tift 2608 * Clerk Superior Courtcompensation 6-16-65 For952 Agn381 Tift 2705 * Tax Commissionercompensation 6-16-65 For943 Agn361

Page CCXII

Georgia Laws, 1966 : County Page No. SUBJECT Date of Election Result Appling 2754 Board of County Commissioners 11-8-66 For728 Agn479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn704 Bartow 2144 City of Adairsville 4-2-66 For167 Agn48 Bartow 2454 City of Adairsville 4-2-66 For210 Agn105 Bryan 2466 City Court of Pembroke 9-14-66 For368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For265 Agn183 Fulton DeKalb 3337 City of Atlanta 5-11-66 Sandy Springs For2504 Agn5173 Adamsville For198 Agn151 Floyd 3129 Floyd School District 4-12-66 For1459 Agn3759 Habersham 2404 City of Cornelia 4-27-66 For150 Agn115 Habersham 2625 City of Cornelia 4-27-66 For149 Agn114 Habersham 3102 City of Cornelia 4-27-66 For144 Agn118 Habersham 3144 City of Cornelia 4-27-66 For157 Agn105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For184 Agn387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For162 Agn58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For40 Agn19 Meriwether 3318 City of Woodbury 5-11-66 For27 Agn6 Meriwether 3403 City of Greenville 5-4-66 For24 Agn19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For180 Agn153 Pike 3170 City of Zebulton 4-30-66 For89 Agn14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn603

Page CCXIV

Georgia Laws, 1967 : County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For333 Agn219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For185 Agn93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For179 Agn507 Bulloch 3483 City of Statesboro 7-28-67 For490 Agn111 Bulloch 2997 Town of Brooklet 9-1-67 For33 Agn3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6-7-67 For663 Agn570 Clarke 3215 City of Athens Not held Cook 2507 County Board of Education 8-16-67 For584 Agn135 Crisp 2691 County Board of Education 9-14-67 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page CCXVII

Georgia Laws, 1968 : County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 Rabun 2272 Board of County Commissioners 4-9-68 For1,205 Agn1,144 Sumter 2065 County Board of Education 5-21-68 For626 Agn483 Tift 2023 City of Tifton 4-3-68 For408 Agn310 Toombs 3424 County Board of Education 5-29-68 For65 Agn772 Walker 2152 City of Lookout Mountain 5-9-68 For299 Agn252 Walker 2235 County Board of Education 5-9-68 For1,155 Agn887 Walton 2974 County Board of Education 6-18-68 For1,709 Agn265 Wayne 3361 County Board of Education 9-11-68 For1,140 Agn614 Whitfield 3065 City of Varnell 5-23-68 For41 Agn5 Wilkes 3462 Town of Rayle 5-17-68 For43 Agn4

Page CCXXI

Georgia Laws, 1969 : County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5-6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7-2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits : For289 Agn127 Outside city limits : For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote : For2134 Agn694 County vote : For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus : For12,379 Agn2,778 Muscogee County : For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville : For271 Agn82 Pulaski County : For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area : For645 Agn578 Proposed Area : For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page CCXXV

Georgia Laws, 1970 : County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11-3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11-3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4-6-70 For339 Agn205 Clarke 2985 County School District Tax 11-3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11-3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4-7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4-7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9-9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11-3-70 For election : 289 For Appointment : 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City : For83 Agn60 Outside City : For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11-3-70 For815 Agn503 Murray 2365 City of Chatsworth 5-9-70 For133 Agn260 Peach 2647 County Board of Education 6-10-70 For544 Agn198 Pulaski 2880 Fire Protection Districts 5-19-70 For142 Agn140 Spalding 2651 City of Griffin 11-3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5-5-70 For822 Agn1743 Stephens 2436 County Board of Education 5-5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For269 Agn123 Thomas 3369 Board of County Commissioners 5-26-70 For920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For11 Agn0 Harris County For15 Agn0 City West Point For83 Agn3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11-3-70 For807 Agn1113 Washington 3104 County Board of Education 6-3-70 For439 Agn537

Page CCXXVIII

Georgia Laws 1971, January/February session : County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote : For: 1,707 Agn: 2,369 City vote : For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049 Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11-7-72 For683 Agn642 Pike 3686 City of Zebulon 6-19-71 For52 Agn23 Polk 3708 City of Rockmart 10-2-71 For586 Agn254 Polk 3770 City of Aragon 6-2-71 For133 Agn85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For5,834 Agn10,779 City of Augusta For6,415 Agn6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For1,403 Agn1,855 Telfair 3448 Board of County Commissioners 7-20-71 For441 Agn700 Tift 2722 County Board of Education 6-9-71 For1,430 Agn404 Tift 2795 County CommissionersChrm. 6-9-71 For1,663 Agn273 Turner 2021 Personnel for Sheriff 4-27-71 For427 Agn915 Wayne 2678 Sheriff and Clerk Superior Court 11-7-72 Sec. 1 : For1,324 Agn931 Sec. 2 : For1,456 Agn898 Wayne 2715 County Board of Education 8-8-72 For403 Agn1,730

Page CCXXXI

Georgia Laws, 1971, Extra session : County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11-2-71 For10,399 Agn4,022 DeKalb 2154 City of Doraville 12-1-71 For441 Agn127 Haralson 2200 County Board of Education 1-12-72 For284 Agn1,043

Page CCXXXII

Georgia Laws, 1972 : County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 * * Ga. L. 1973, p. 2268 changed date of election. For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 * For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 10,177 15,531 City of Macon * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 9,581 12,104 Bibb County Brantley 3141 Board of County Commissioners 8-8-72 * For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 * For940 Agn1,377 Brantley 3145 Salary of deputy sheriffs 8-8-72 * For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 * For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 * For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results Not Known Camden 3138 Certain county officers salary 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 CCXXXVIII

Georgia Laws, 1973 : 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 CCXL

Georgia Laws, 1974 : 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 CCXLII

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 CCXLV

Georgia Laws, 1975 : 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 CCXLVII

Georgia Laws, 1976 : 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 CCXLIX

Georgia Laws, 1977 : 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 CCL

Georgia Laws, 1978 : 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 (Unicorporated 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 CCLII

Georgia Laws, 1979 : 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 CCLIII

Georgia Laws, 1980 : 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 CCLIV

Georgia Laws, 1981 : 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 County: Yes: 2,388 No: 2,883 City: Yes: 2,611 No: 2,120 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 CCLV

Georgia Laws, 1982 : 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 CCLIX

Georgia Laws, 1983 : 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 CCLXII

Georgia Laws, 1984 : 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 certain 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 CCLXVI

Georgia Laws, 1985 : 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 8-12-86 Yes: 1,999 No: 493 Bleckley 4406 Board of Commissioners; Created 11-4-86 Yes: 887 No: 1,156 Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Burke 4481 Board of Education; Elections 9-3-85 Yes: 754 No: 673 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 11-4-86 Yes: 302 No: 128 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 Referendum not held 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 Residents: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum 11-4-86 Yes: 4,725 No: 6,759 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 11-4-86 Yes: 39,645 No: 12,055 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 pre-cleared by U.S. Justice Dept. Morgan 4643 Board of Education: Elections; School Superintendent; Referendum 8-12-86 Yes: 1,058 No: 398 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 Referendum not held

Page CCLXIX

Georgia Laws, 1986 : County Page No. SUBJECT Date of Election Result Bartow 5361 Homestead Exemption from School District Taxation for Certain Residents who are 62 or Over; Referendum Not Held Bibb City of Macon 4736 Redevelopment Powers; Referendum 11-4-86 Yes: 3,236 No: 2,725 Bibb City of Macon 5038 Redevelopment Powers; Referendum 11-4-86 Yes: 8,120 No: 5,815 Bibb 5620 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,592 No: 5,119 Bulloch 5627 Staggered Motor Vehicle Registration Periods; Referendum Not Held Camden 5647 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 451 No: 258 Chatham City of Islands 4872 Incorporation; Charter; Referendum 8-12-86 Islands Area Yes: 506 No: 744 County Area Yes: 336 No: 1,426 Chatham City of Pooler 5592 Corporate Limits; Referendum 6-17-86 Pooler Yes: 115 No: 19 Area Proposed for Annexation Yes: 36 No: 24 Chattooga 5138 Board of Commissioners Created; Referendum 11-4-86 Yes: 1,991 No: 2,220 Cherokee 3635 Board of Commissioners; Creation; Referendum 5-6-86 Yes: 1,644 No: 2,221 Clayton 5019 Homestead Exemptions; Referendum 8-12-86 Yes: 11,478 No: 2,066 Cobb City of Acworth 3752 Mayor and Alderman; Elections; Qualifications; Terms; Referendum 5-3-86 Yes: 47 No: 139 Cobb 4370 Homestead Exemption; County and School District Taxes; Referendum 11-4-86 Yes: 64,538 No: 9,311 Cobb City of Marietta 5043 Homestead Exemption; Referendum 11-4-86 Yes: 5,309 No: 1,002 Colquitt 3724 Board of Education; Composition; Elections; Districts; Referendum 5-13-86 Yes: 897 No: 180 Columbia 5636 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,740 No: 1,695 Dawson 4061 Homestead Exemptions from School District Taxes; Referendum 8-12-86 Yes: 724 No: 183 Decatur 4096 Board of Education; Composition; Elections; Districts; School Superintendent; Appointment; Referendum 8-12-86 Yes: 1,387 No: 1,012 DeKalb 4107 Governing Authority; Powers and Duties; Applicability of Laws; Referendum 8-12-86 Yes: 31,123 No: 11,156 DeKalb City of Decatur 4475 Homestead Exemption for Residents 65 or Over; Referendum 12-3-86 Yes: 1,233 No: 127 Douglas 5618 Staggered Motor Vehicle Registration Periods; Referendum 11-4-86 Yes: 6,701 No: 3,144 Elbert 3578 Board of Education; Re-Creation; Referendum 5-13-86 Yes: 444 No: 208 Floyd City of Rome 4530 School District; Homestead Exemption; Referendum 8-12-86 Yes: 2,651 No: 336 Floyd 5511 Homestead Exemption; Referendum 8-12-86 Yes: 8,218 No: 895 Floyd 5057 School District; Homestead Exemption; Referendum 8-12-86 Yes: 4,971 No: 770 Forsyth 4347 Homestead Exemption from School District Taxes; Referendum 11-4-86 Yes: 5,191 No: 1,005 Fulton 4148 Redevelopment Powers; Referendum 11-4-86 Yes: 57,705 No: 41,691 Fulton 4434 Homestead Exemption for Residents who are Disabled or 65 or Older; Local Constitutional Amendment Continued Not Held Fulton City of Atlanta 4834 Redevelopment Powers; Referendum 8-12-86 Yes: 12,987 No: 9,356 Gwinnett 5625 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 17,645 No: 4,777 Hall 3811 School District; Homestead Exemption; Referedum 8-12-86 Yes: 5,447 No: 2,112 Hall City of Gainesville 3815 Independent School District; Homestead Exemption; Referendum Not Held Hall 5616 Staggered Motor Vehicle Registration periods; Referendum 8-12-86 Yes: 7,553 No: 2,305 Henry 5053 Homestead Exemptions from School District Taxes for Certain Residents who are 62 or Over or Totally Disabled; Referendum Not Held Henry 5607 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,211 No: 1,964 Houston 3901 Board of Commissioners; Redevelopment Powers; Referendum 11-4-86 Yes: 6,517 No: 4,758 Houston City of Centerville 5157 Redevelopment Powers; Referendum 11-4-86 Yes: 70 No: 88 Houston City of Perry 4196 Redevelopment Powers; Referendum Not Held Houston City of Warner Robins 3923 Redevelopment Powers; Referendum 10-7-86 Yes: 2,675 No: 1,754 Lanier 3609 Lakeland-Lanier County Charter Commission Act-Preparation of a County-Wide government Charter; Referendum 9-2-86 Yes: 448 No: 928 Laurens 3821 Board of Education; Elections; Referendum 11-4-86 Yes: 929 No: 715 Lincoln 3661 Board of Education; Elections; Districts; Vacancies; Referendum 8-12-86 Yes: 651 No: 335 Marion 5558 Board of Commissioners; Elections; Districts; Terms; Referendum 9-16-86 Yes: 429 No: 673 Marion 5023 Board of Education; Elections; Referendum: 9-16-86 Yes: 416 No: 666 Mitchell City of Pelham 3648 Board of Education; Elections; Terms; Districts; Composition; Referendum Not Held Mitchell 3892 School Superintendent; Appointment; Referendum Not pre-cleared by U.S. Justice Dept. Muscogee 3927 Advisory Referendum on School Board Elections 11-4-86 Yes: 18,451 No: 8,420 Oglethorpe 3568 Board of Education; Elections; Referendum 5-13-86 Yes: 307 No: 90 Paulding 4335 School Superintendent; Appointment; Referendum 11-4-86 Yes: 1,199 No: 4,301 Polk 5633 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 1,355 No: 1,013 Rabun City of Clayton 4778 Homestead Exemptions; Referendum 12-20-86 Yes: 453 No: 16 Screven 5642 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 326 No: 404 Spalding 4855 Homestead Exemptions for Residents 62 or Older or Totally Disabled; Referendum 8-12-86 Yes: 1,946 No: 428 Spalding 5623 Staggered Motor Vehicle Registration Periods; Referendum 11-4-86 Yes: 3,757 No: 3,693 Sumter City of Americus 3501 Sumter County Public School System-Creation; Merger of School Systems of Sumter County and the City of Americus; Referendum Not Held Tattnall City of Collins 4472 Mayor; Terms of office; Referendum 8-12-86 Yes: 31 No: 39 Telfair 4527 County Officers; Ineligibility to Hold Office; Local Constitutional Amendment Continued 11-4-86 Yes: 1,800 No: 577 Toombs City of Vidalia 4862 School District; Powers of Board of Education; Referendum 9-2-86 Yes: 824 No: 599 Troup 3515 Board of Education; Election; School Superintendent; Appointment; Act Continuing Local Constitutional Amendment Repeated; Referendum 5-6-86 Yes: 193 No: 44 Twiggs 5542 School Superintendents; Appointment; Referendum 11-4-86 Yes: 412 No: 1,127 Upson 4497 School District; Homestead Exemption; Referendum Not Held Washington 4485 Homestead Exemption for Persons 65 or Over; Referendum 8-12-86 Yes: 1,434 No: 373 Washington 4489 Homestead Exemption from County School Taxes for Persons 65 or Over; Referendum 8-12-86 Yes: 1,896 No: 402 Whitfield 5597 Board of Commissioners; Composition; Elections; Districts; Terms; Compensation; Referendum 11-4-86 Yes: 4,315 No: 3,573 Wilkes 4091 Board of Education; Elections; Districts; Composition; Referendum 11-4-86 Yes: 1,219 No: 377 Worth 3716 Board of Education; Membership; Elections; Districts; Referendum 11-4-86 Yes: 1,499 No: 523 Statewide 878 Ad valorem tax exemption of tangible personal property 11-4-86 Yes: 592,671 No: 249,708

Page CCLXXIV

Georgia Laws, 1987 : County Page No. SUBJECT Date of Election Result Appling City of Baxley 5015 City of Baxley-Corporate Limits 7-21-87 Yes: 438 No: 822 Bartow 5325 School District; Homestead Exemption 11-3-87 Yes: 2,483 No: 265 Bartow 4912 School Superintendent; Appointment 11-3-87 Yes: 1,086 No: 1,617 Bartow 4915 Board of Education; Elections; Terms 11-3-87 Yes: 2,135 No: 569 Bleckley 4111 Board of Education; Nonpartisan Elections To be held 11-8-88 Brooks 5267 School Superintendent; Appointment 3-8-88 Yes: 709 No: 1,542 Brooks City of Quitman 5230 Board of Commissioners; Composition; Elections; Districts; Terms 8-11-87 Yes: 248 No: 71 Butts 4919 Board of Education; Elections, Terms; Meetings; Officers; School Superintendent; Appointment 11-10-87 Yes: 1,682 No: 561 Camden 4929 Board of Commissioners; Elections; Districts; Terms 3-8-88 Yes: 1,365 No: 858 Camden 4943 Board of Education; Elections; Districts; Terms; Referendum; Act Continuing Local Constitutional Amendment Repealed 3-8-88 Yes: 1,337 No: 932 Camden 5032 School Superintendent; Appointment 3-8-88 Yes: 739 No: 1,579 Chatham 4801 Redevelopment Powers 6-16-87 Yes: 3,341 No: 5,356 Chatham City of Savannah 4083 Redevelopment Powers 6-16-87 Yes: 2,369 No: 3,235 Clarke 4279 Staggered Motor Vehicle Registration Periods 11-3-87 Yes: 7,245 No: 1,622 Columbia 4270 Board of Education; Elections 3-8-88 Yes: 7,344 No: 1,925 Columbia 4267 Homestead Exemption from Columbia County School District Taxation 3-8-88 Yes: 8,266 No: 1,196 Effingham 4596 Board of Education; Membership; Elections; Terms; Compensation; Districts 3-8-88 Yes: 1,768 No: 471 Evans 4782 Board of Education; Composition; Elections; Compensation To be held 8-9-88 Fannin 5494 Board of Education; School Superintendent; Nonpartisan Elections 3-8-88 Yes: 1,449 No: 1,819 Floyd 4994 Unified Rome-Floyd County School System-Creation; Merger of Floyd County School System and City of Rome Independent School System 3-8-88 City Yes: 1,679 No: 3,601 County Yes: 2,410 No: 6,380 Fulton 4132 Homestead Exemption for Residents 70 Years of Age or Over or Disabled To be held 11-8-88 Greene 4973 School Superintendent; Appointment by the Board of Education 3-8-88 Yes: 787 No: 1,544 Hall City of Gainesville 4209 City of Gainesville Independent School District-Homestead Exemption 12-1-87 Yes: 194 No: 28 Houston City of Perry 4115 Redevelopment Powers 12-1-87 Yes: 128 No: 124 Lamar 3740 Board of Education; Elections; Districts; Terms; Vacancies 11-3-87 Yes: 412 No: 203 Lowndes 4124 School Superintendent; Appointment 3-8-88 Yes: 932 No: 2,505 Lumpkin 3586 School Superintendent; Appointment 6-2-87 Yes: 617 No: 1,067 Madison City of Colbert 4475 Mayor; Term 12-2-87 Yes: 19 No: 3 Mitchell 3508 School Superintendent; Appointment 7-28-87 Yes: 710 No: 921 Muscogee 4753 Board of Education; Composition; Elections; Districts; Terms; Compensation; taxes 3-8-88 Yes: 9,784 No: 18,277 Oconee 4441 School Superintendent; Appointment 3-8-88 Yes: 1,272 No: 1,863 Peach City of Byron 5394 School Superintendent; Appointment To be held 12-5-88 Peach City of Fort Valley 5409 Redevelopment Powers To be held 4-6-88 Peach 5397 Redevelopment Powers To be held 8-9-88 Pulaski 4263 School Superintendent; Appointment 3-8-88 Yes: 679 No: 1,081 Pulaski 4241 Board of Education; Elections To be held 11-8-88 Rabun City of Sky Valley 5113 Homestead Exemption 12-1-87 Yes: 84 No: 11 Stephens 4224 School Superintendent; Appointment; Vacancies 9-1-87 Yes: 775 No: 2,249 Tift City of Tifton 4103 Homestead Exemption To be held 11-8-88 Ware City of Waycross 5135 Board of Education; Elections; Districts; Terms 9-22-87 Yes: 255 No: 136 Ware City of Waycross 5105 Mayor; Office Created; Election; Terms; Powers 11-24-87 Yes: 1,029 No: 345 White 5441 Board of Commissioners; Re-creation; Elections; Powers; Duties 3-8-88 Yes: 1,278 No: 715 Whitfield City of Tunnel Hill 4366 New Charter 12-7-87 Yes: 85 No: 33

Page CCLXXVIII

GEORGIA LAWS 1988 SESSION STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR April 28, 1988 Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Miller: I have vetoed Senate Bills 424, 516, 618 and 638 which were passed by the General Assembly of Georgia at the 1988 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 attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Attachment cc: Honorable Thomas B. Murphy, Speaker, House of Representatives Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page CCLXXIX

STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 Joe Frank Harris GOVERNOR April 28, 1988 Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334 Dear Speaker Murphy: I have vetoed House Bills 1195, 1292, 1689, 1700 and 1819 which were passed by the General Assembly of Georgia at the 1988 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 attached. With kindest regards, I remain Sincerely, /s/ Joe Frank Harris Joe Frank Harris JFH/rsh Attachment cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

Page CCLXXX

VETO NO. 10SENATE BILL 618 BY SENATOR OLMSTEAD This bill would have required State agencies to pay properly received invoices within a certain period of time or pay an interest penalty for any delay in payment. This legislation is virtually the same bill I vetoed after the 1984 Session of the General Assembly. At that time, I stated that, although I had been a businessman and knew the problems caused by delays in payments, nevertheless I did not feel this was appropriate legislation. After vetoing the legislation, I worked with proponents of the legislation to set up a procedure in State government to make certain all bills were paid as promptly as possible. By Executive Order, I mandated that all invoices were to be paid within thirty days. A survey taken last year shows that we have had almost a 2/3 decrease in the amount of past due invoices. I believe that the process I set in motion by Executive Order will continue to improve this situation. For these reasons, I am vetoing this bill as being unnecessary. VETO NO. 11HOUSE BILL 1819 BY REPRESENTATIVE RAY This bill specified certain conditions under which the Board of Education of Crawford County would be authorized to hold regular and other meetings at locations within the county instead of the county seat. The provisions contained in this bill were superseded by a later general bill. Therefore, the author requested that this bill be vetoed. VETO NO. 12SENATE BILL 424 BY SENATOR KIDD This bill changed the definition of full-time student to include undergraduate and graduate students enrolled for a minimum of ten academic hours and students who have been committed to the Department of Human Resources' institutions as delinquent or unruly children. The amendment had the effect of reducing the minimum number of hours from 12 to 10, the result being an increase in the number of students eligible to

Page CCLXXXI

receive tuition equalization grants. A corresponding amount of funds was not appropriated to handle the increased number of students. If this bill had become law, the Student Finance Authority would have had to reduce the amount of each grant from the level intended by the General Assembly. Because of these technical defects, the author of the legislation requested that it be vetoed. VETO NO. 13SENATE BILL 516 BY SENATOR BARNES This bill raised the maximum compensation of court bailiffs in superior courts from $50.00 to $70.00 per diem. In addition, the legislation raised the maximum expense allowance for jurors from $25.00 to $50.00. While some adjustment needs to be made in the costs paid to both bailiffs and jurors, this legislation provided for too great an increase at one time. If signed, it would have made it difficult for the counties to budget this additional expense during the coming year. For these reasons, I vetoed this legislation. VETO NO. 14SENATE BILL 638 BY SENATOR DEAL This bill provided minimum standards for grievance procedures for all certificated personnel in the school systems of this state. After passage of the legislation, a number of questions and concerns arose among the superintendents and school boards of this State regarding the scope of this legislation and its ultimate effect on the supervision of personnel. I believe very strongly that each school system should have a grievance procedure for its personnel so that disputes can be resolved by the parties without having to resort to formal adversarial procedures. However, these grievance procedures must not interfere with a school system's ability to provide a quality education to its students. While I commend the legislators for addressing this issue, I believe that this matter is best addressed if the State Board of Education adopts a policy which mandates that each system have a grievance procedure with minimum standards. The Board has assured me that it will adopt such a policy, and they feel certain it will address all the concerns of both teachers and administrative personnel. Additionally, by the Board adopting

Page CCLXXXII

their own policy, the aggrieved party would be able to appeal from the local school system to the State Board of Education, an action which was not provided for in this legislation. For these reasons, I vetoed this bill. VETO NO. 15HOUSE BILL 1195 BY REPRESENTATIVE WALKER This bill raised the salary of the Lieutenant Governor to $53,001.00 per year. House Bill 1342, which was the Comprehensive Salary legislation, raised the Lieutenant Governor's salary to $54,920 per year. If House Bill 1195 were to have been signed, there would have been a reduction in the Lieutenant Governor's salary, which I feel was not the intent of the General Assembly. For this reason, I vetoed this legislation. VETO NO. 16HOUSE BILL 1292 BY REPRESENTATIVE PRICHARD This bill initially provided that subpoenas may be enforced by attachment for contempt as authorized under the Official Code of Georgia Annotated, Section 15-6-8. The legislation was amended to provide that law enforcement officers could receive witness fees, whether they were on duty or off duty. Presently, a law enforcement officer is allowed to receive witness fees only when he is off duty. When a law enforcement officer is receiving his regular compensation while he is attending court, it would seem additionally inappropriate for him to receive withness fees. It is normally assumed that attending court is part of the duties of a law enforcement officer. Additionally, the effect of this amendment would be a tremendous increase in the cost of witness expenses to the counties. The counties' expenses need to be worked out and budgeted before this type of legislation is introduced and passed. For these reasons, I vetoed this legislation. VETO NO. 17HOUSE BILL 1689 BY REPRESENTATIVE SINKFIELD This bill provided that the Department of Corrections was to give six months' notice to members of the General Assembly

Page CCLXXXIII

in whose district the Department planned to construct or use additional confinement facilities when the expenditure exceeds $10,000 and will not be located on property already owned by the Department. The effect of this bill would have caused both administrative and legal problems for the Department of Corrections when trying to determine whether they have complied with the law before building a facility. Additionally, it would have been inappropriate for a department of the Executive Branch to be required to contact the General Assembly before carrying out its prescribed duties. For these reasons, I vetoed this legislation. VETO NO. 18HOUSE BILL 1700 BY REPRESENTATIVE COLWELL This bill would have provided that the Commissioner of Public Safety may, and upon the request of the Governor, authorize and direct the Uniform Division to provide services which are necessary or appropriate to promote and protect public safety at any automobile racing event at which there exists a seating capacity of 15,000 or more. This is similar to the services authorized under Senate Bill 417 relating to collegiate athletic events. The Department of Public Safety, under present law, has authority to provide services at private events where there is reason to believe that they are needed to preserve public safety. Therefore, this bill would not be necessary in order to provide this type of assistance. Also, if this bill were to be interpreted to provide that the Department of Public Safety was being given authority to provide escort and crowd control services for a private event such as an automobile race, then it would be in violation of the Gift and Gratuities Clause of our State Constitution. Senate Bill 417 related to providing these services in connection with events sponsored by state higher education institutions. For these reasons, I vetoed this legislation.

Page CCLXXXIV

STATE AUDITOR'S REPORT ON CONCURRENT FUNDING OF RETIREMENT BILLS HAVING A FISCAL IMPACT ENACTED DURING THE 1988 LEGISLATIVE SESSION April 28, 1988 The Honorable Max Cleland Secretary of State State Capitol, Room 214 Atlanta, Georgia 30334 Dear Mr. Cleland: As required by Code Section 47-20-50.1 (effective March 11, 1987), the following report is submitted for printing in the annual session laws of the State of Georgia. The report covers all retirement bills having a fiscal impact that had actuarial evaluations and were enacted during the 1988 legislative session. The report is organized by retirement system and determines for each bill whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable requirements of Code Section 47-20-50. Any retirement bill having a fiscal impact which is enacted by the General Assembly and which is approved by the Governor or which otherwise becomes law shall become effective on the first day of July immediately following the regular session during which it was enacted, but only if the enacted bill is concurrently funded as provided by Code Section 47-20-50. If an enacted bill, including one approved by the Governor, is not concurrently funded as required, then such bill may not become effective as law and shall be null, void, and of no force and effect and shall stand repealed in its entirety on the first day of July immediately following its enactment. Following the close of each regular legislative session during which retirement bills having a fiscal impact may be enacted, the State Auditor shall make a determination for each such bill enacted during such session, which is not vetoed by the Governor, of whether or not provision has been made for the concurrent funding of the bill in conformity with the applicable

Page CCLXXXV

requirements of Code Section 47-20-50. This report complies with this requirement. Sincerely, /s/ G. W. Hogan G. W. Hogan State Auditor GWH/mn

Page CCLXXXVI

Retirement System Bill No. Act No. Title of Bill Comments Employees' Retirement System HB 24 1332 District Attorney's investigators; membership in Employees' Ret. Provision made for concurrent funding HB 305 903 Georgia Agricultural Exposition Auth; membership; Employees' Ret. Provision made for concurrent funding HB 358 1377 Employees' Retirement; certain beneficiaries; increase Provision made for concurrent funding HB 896 1086 Agrirama Employees; Employees' Retirement; membership Provision made for concurrent funding HB 1046 1380 Environmental Facilities Authority; Employees' Retirement Provision made for concurrent funding Firemen's Pension Fund HB 356 1133 Firemen's Pension Fund; increase benefits Provision made for concurrent funding Legislative Retirement System HB 106 1375 Legislative Retirement; creditable service Provision made for concurrent funding Peace Officers' Annuity and Benefit Fund HB 157 1376 Peace Officers' Annuity/Benefit Fund; certain PSC employees Provision made for concurrent funding HB 458 1312 Peace Officers' Annuity/Benefit Fund; benefits; amend provisions Provision made for concurrent funding Probate Court Judges Retirement System SB 15 1220 Probate Courts Retirement Fund; increase benefits Provision made for concurrent funding Public School Employees' Retirement SB 221 1223 Public School Employees' Retirement; creditable service Provision made for concurrent funding HB 480 1278 Public School Employees' Retirement; benefit adjustments Provision made for concurrent funding HB 482 1279 Public School Employees' Retirement; benefit amount Provision made for concurrent funding HB 1025 1281 Public School Employees' Retirement; 40 years service Provision not made for concurrent funding Sheriffs' Retirement Fund HB 718 1400 Sheriffs' Retirement Fund; membership; requirement Provision made for concurrent funding Superior Court Clerks Retirement System SB 7 1219 Superior Court Clerks; spouses; retirement benefits Provision made for concurrent funding Teachers Retirement System HB 278 1245 Teachers Retirement; pregnancy leave; credit Provision not made for concurrent funding HB 357 1134 Teachers Retirement; postretirement benefit adjustment Provision made for concurrent funding HB 382 1135 Teachers Retirement; reestablishing creditable service Provision made for concurrent funding HB 704 1443 Teachers Retirement; membership; certain county employees Provision made for concurrent funding HB 1071 1335 Retirement; certain personnel of Education Department Provision made for concurrent funding

Page CCLXXXVII

For any information regarding these ACTS and RESOLUTIONS please contact: MAX CLELAND Secretary of State